Wisconsin Divorce Law FAQs
Family law is a complicated area of the law. Our Milwaukee divorce lawyers are here to protect you, your family, and your rights. We provide answers to your Wisconsin divorce and family law questions to help guide you through this difficult time. From the more common child custody and child support questions to the more difficult asset division concerns, these Wisconsin divorce law questions are here to help.
For more information or to schedule an appointment with an experienced Milwaukee lawyer regarding a divorce action or special circumstances please contact our Milwaukee family law firm at 262-782-8322.
Family Law FAQs
- What is a Guardian Ad Litem?
- May I move to a new residence after the divorce?
- How much child support am I entitled to receive?
- When is a party entitled to maintenance (alimony)?
- How will property be divided?
- How long does it take to get divorced and how does the process actually work?
- What does "joint" legal custody of the child mean and how does it differ from primary physical placement?
- How does the court decide who will get custody of the children?
- If I get divorced, can my spouse and I use the same attorney?
- What is the difference between a divorce and a legal separation?
- What is the difference between a contested divorce, uncontested divorce and a no fault divorce?
Q: What is a Guardian Ad Litem?
A: A Guardian Ad Litem (GAL) is a court-appointed lawyer whose job is to serve as an advocate for the best interests of the children in a Wisconsin divorce. Either parent can request a Guardian Ad Litem be appointed, but one will be assigned if the parents cannot come to an agreement on child custody or placement either independently or with the help of a mediator. After performing an investigation called an “informal discovery,” Guardians Ad Litem will advise the judge based on … - More
Q: May I move to a new residence after the divorce?
A: Moving With Children After a Divorce If a parent with primary physical placement proposes to move the child to a residence outside the state or within the state at a distance of 150 miles or more from the other parent, he or she must provide notice of the intent to the other parent by certified mail. The otherl party may object to the court or the family court commissioner. This objection must be done within 15 days of receiving notice. The court or family commissioner will then promptly refer … - More
Q: How much child support am I entitled to receive?
A: If you are awarded the primary physical placement of your child the court will use a percentage standard to determine the amount of child support you are entitled to. This percentage standard was adopted by the state legislature to avoid long legal battles over how much one party should fairly spend on a child, as well as providing a standard of living for the child as close to the one he would have enjoyed if the parties had not divorced. Wisconsin Child Support Laws - Child Support Guidelines… - More
Q: When is a party entitled to maintenance (alimony)?
A: The law acknowledges that marriages are partnerships and even though one party may not have worked at a wage paying job, he or she is presumed to have contributed equally to the marriage in other ways. These other ways can be contributions such as child rearing, managing a household and providing physical and emotional support to the wage earning spouse. A divorced party is not automatically entitled to alimony or maintenance. The party asking for maintenance must have a need for it and the oth… - More
Q: How will property be divided?
A: Again, the law recognizes that the marriage is a partnership and if that partnership is dissolved, all marital assets and liabilities should be divided 50/50. The exceptions to this are any property received as a gift or inheritance. This property is not subject to division so long as it is kept separate. Wisconsin Divorce Proprty Division The court may deviate from this equal division under some circumstances after considering the following factors: (1) The length of marriage, (2) the propert… - More
Q: How long does it take to get divorced and how does the process actually work?
A: In the State of Wisconsin it takes a minimum of 120 days from the date of service to get a divorce. This is considered a "cooling off" period required by law. Complicated divorces with many issues can take longer. The Divorce Process in Wisconsin The divorce process begins when one party filecs a summons and petition with the court. The person who files for divorce is called the petitioner. The other person is called the respondent. The respondent is served with the divorce paperwork and the 1… - More
Q: What does "joint" legal custody of the child mean and how does it differ from primary physical placement?
A: Joint legal child custody means that both parties share legal custody of the child or children and that neither party's legal custody rights are superior to the other. The judge will grant joint legal custody if he feels that the parties can communicate with one another well enough to make joint decisions regarding the child's well being. If the judge feels that the parties cannot communicate with one another, then one spouse will be granted sole legal custody giving that spouse the authority t… - More
Q: How does the court decide who will get custody of the children?
A: One of the most difficult divorce issues arises when you and your spouse cannot agree on custody of your children. If the parties cannot decide on custody and placement arrangements then the judge will make the decision. He will award custody and primary physical placement using the "best interests" of the child or children as the legal standard. The judge will also consider the wishes of the child and parents, as well as the mental and physical health of those living in the proposed custodial … - More
Q: If I get divorced, can my spouse and I use the same attorney?
A: No. A Milwaukee divorce attorney legally and ethically may only represent one party in a divorce action. Our legal system is an adversarial system of law in that there is always considered to be two opposing sides to an issue. If one divorce attorney was allowed to represent both sides, it would be like having the same coach for both football teams in the same game. At best, he could only do one side justice and probably neither side would be well served. Divorce Lawyer Legal Representation vs.… - More
Q: What is the difference between a divorce and a legal separation?
A: A divorce is a legal proceeding which terminates the legal relationship between you and your spouse. That is, a divorce ends the marriage. A legal separation is procedurally very similar to a divorce. The court can make judgments regarding issues such as child custody and property division just like a divorce, but when it is all said and done you are still married to your spouse. (Attorney Note: Formal legal separations are relatively rare today but some people still pursue them for … - More
Q: What is the difference between a contested divorce, uncontested divorce and a no fault divorce?
A: If a divorce is contested, it means that the husband and wife have not reached an agreement on all the issues involved in their divorce. Examples of issues that must be resolved by the parties and their attorneys are child custody, child support, maintenance (alimony) and property division. If an agreement cannot be reached by both parties, a judge will then make a decision on any unresolved issues. An uncontested divorce is one in which the parties have mutually agreed on all issues. … - More
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Elm Grove, WI 53122
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Milwaukee, WI 53202
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