Family Law ~ Divorce

Family Law Attorneys Here to Help Clients with Dedicated Legal Representation in Divorce Cases

Are you considering a divorce, or have you recently been served divorce papers? Or perhaps you are simply researching various Wisconsin family law issues, including divorce? Whatever brings you to our website today, you should know that our legal professionals are here to answer your questions and alleviate your concerns in divorce law. Our law firm prides itself on extensive knowledge of the applicable laws and compassionate legal services to clients facing some of the most difficult challenges of their lives.

No one ever enters a marriage to get divorced. However, sometimes things don’t work out between the two parties for one reason or another, and it may be necessary to consider hiring divorce lawyers to represent your interests in a court of law.

Our experienced attorneys are aware of the traumatic nature of ending marriages and going through divorce proceedings. We also understand that the divorce process can be made more difficult, especially in high-conflict divorces involving children. You likely have questions about child support, child custody, and marital property division, which can be made more complicated in cases of high marital debt or substantial assets. We can help you find answers.

What Are the Legal Requirements for Divorce in Wisconsin?

Specific rules and requirements must be met to file for divorce in Wisconsin. Keeping up with the legal requirements can be challenging, especially when emotions run high. For this reason and many others, you must retain professional legal representation to assist you throughout the process.

Specific legal requirements that must be met in divorce matters in Wisconsin include the following:

At least one of the spouses must have been a Wisconsin resident for at least six months before filing divorce papers. The party filing for divorce must have resided in the county where the petition was filed for a minimum of 30 days.
Both spouses must provide complete financial disclosures of all assets, debts, liabilities, income, and expenses. Transparency in these matters is essential to ensure a fair division of assets and an equitable determination of maintenance obligations.
The courts will prioritize a child’s best interests above all things when making custody, placement, and child support decisions. A parent is encouraged to work with the other parent to develop a comprehensive placement schedule and parenting plan that outlines visitation rights, custody arrangements, and legal decision-making.
Wisconsin is a no-fault divorce state, which means that the only necessary ground for divorce is establishing an irretrievable breakdown of the marital relationship that cannot be reconciled. The divorce court must be satisfied that the marriage cannot be saved, and this sometimes involves a waiting period of 120 days after filing the initial petition before the process can be finalized.

To determine whether your divorce case meets the requirements, please contact our Wisconsin law firm for legal advice.

What Types of Divorce Legal Matters Does HKK Family Law Represent?

Our Wisconsin divorce attorneys have represented clients in all family law matters. We would help you pursue the most satisfactory outcome to your divorce proceedings.

Divorce and family law cases we represent include, but are not limited to, the following:

Adoption, including step-parent or grandparent adoption
Annulments
Assistance with determining spousal maintenance, which is also known as maintenance or spousal support
Child support negotiations and dispute resolutions
Collaborative divorce
Contested divorce cases
Division of property, which can be complicated for couples with high net worth or business interests
Divorce mediation counsel
High-net-worth divorces
Legal custody and placement in child custody matters
Legal separation cases
Post-Decree Modifications to child support, child custody, and spousal maintenance
Paternity cases
Post-judgment enforcement of orders
Prenuptial and postnuptial agreements
Restraining orders in cases of domestic violence, extreme substance abuse, stalking, or harassment
Same-sex dissolution of marriage
Uncontested divorce
Visitation rights for parents and grandparents
And more

For better chances of receiving a fair divorce settlement, you are encouraged to retain the legal services of an experienced attorney. Our law firm would be proud to represent your interests throughout the divorce process and assist you with any post-judgment disputes or modifications.

What Are the Benefits of Divorce Mediation?

Mediation is when a neutral third party (the mediator) sits in on discussions between divorcing parties to help them negotiate a settlement and reach common ground through compromises and open dialogue. It may be necessary when the divorcing spouses cannot agree on one or more terms of their divorce. In some divorce proceedings, mediation may be court-ordered.

One of the benefits of mediation is that, unlike litigation, where a court will decide how finances and other matters are divided, the mediation process allows the spouses to agree to terms together. Instead of the decision-making being left to the judgment of the courts, the critical decisions can be made by the soon-to-be ex-partners. Additionally, the mediator is only there to help the spouses compromise and reach common ground. The mediator does not make decisions for the spouses and does not make any legally binding judgments.

Divorce mediation may not be recommended in every divorce case. In cases involving domestic violence, child abuse, or severe substance abuse, attorneys are unlikely to suggest mediation.

Our legal team can represent your interests, remind you of your rights and responsibilities, and assist you throughout the mediation process in pursuit of the most optimal outcome.

Are You Facing Complicated Family Law Issues Regarding Child Custody or Child Support?

Child support and custody are among divorce’s most hotly contested legal matters. When negotiating or disputing custody, placement, and child support obligations, it is highly recommended that you seek the professional legal representation of experienced lawyers.

There are several different types of child custody in Wisconsin, including legal custody for major life decisions, child placement for physical custody, and shared or sole custody. Determining the right kind of custody arrangement for you and the other parent can be challenging, and it’s not uncommon for these matters to result in highly contentious courtroom cases.

In Wisconsin, all parents must provide adequate support to their children regardless of whether they were ever married. The amount of child support is determined by several factors and based on Wisconsin child support guidelines. For legal assistance negotiating a fair child support arrangement, please contact our legal team to schedule your complimentary consultation.

How Does the Marital Property Division Process Work in WI?

Shared marital property must be divided in a divorce case. The presumption is that all property acquired by the parties during marriage will be considered marital property and subject to Wisconsin’s property division rules. Only separate property, including inheritances and gifts from other parties, may not be subject to property division.

The following factors can influence property division in Wisconsin:

Contributions made by one of the parties to the increased earning power of the other
Each spouse’s earning capacity, personal assets, and education level
Marital agreements, such as prenuptial or postnuptial agreements
Property brought into the marriage that was obtained before marriage
Tax consequences for either party
The age, physical and emotional health, and life expectancy of the two spouses
The desirability of the interest in awarding the primary residence or family home to the parent with primary physical placement of a minor child
The length of the marriage
And any other factors that a judge believes should count toward property division

To avoid an unfavorable divorce settlement you’ll regret, you must protect your rights and understand your legal options. Contact our law firm to schedule your complimentary consultation.

Wisconsin Divorce FAQs

How Long Does the Divorce Process Usually Take?

At the very least, a four-month waiting period must occur between the date the divorce papers are served and the first hearing before a family law judge. Some divorce proceedings may take longer, however, such as in contested divorce cases or where there are serious disagreements on reaching a mutually beneficial divorce settlement.

Are There Potential Alternatives to the Dissolution of Marriage?

Wisconsin allows for legal separations. Legal separation does not end the divorce, providing the spouses time to consider reconciliation. Additionally, your marriage could be annulled. An annulment treats the marriage as though it never existed in the first place.

How to File Divorce Papers?

Provided you meet the basic Wisconsin requirements necessary to file for divorce, you must file your divorce petition in the county where you live. Then, the other party will be served the divorce papers and given a chance to respond. If you are considering divorce, we strongly encourage you to contact our law firm for legal assistance.

Is Maintenance Guaranteed in Every Divorce Case?

Maintenance is not guaranteed, but it is often ordered in divorces where one party has substantially more assets or a much higher earning capacity than the other spouse. Maintenance may be granted on a temporary or permanent basis.

What Are Acceptable Grounds for Divorce in WI?

Wisconsin is a no-fault divorce state. When you file for divorce, neither you nor your spouse must prove that the other party did anything wrong. All that is required to get a divorce in Wisconsin is to testify under oath that the marriage is irretrievably broken and there is no chance for reconciliation.

Schedule Your Complimentary Consultation with Our Compassionate Wisconsin Divorce Lawyers Today

We proudly advocate for your best interests as you seek a reasonable divorce settlement. We will fight for your legal rights, protecting your interests throughout divorce proceedings from your soon-to-be ex-spouse. While we can hope that a collaborative divorce is possible, sometimes life isn’t so simple, and our litigation team can represent your interests in the courtroom if necessary.

To learn more about the benefits of retaining our legal counsel, please contact HKK Law Offices to schedule a complimentary consultation today.

Contact HKK Law Offices at 920-635-2992 or visit the Complimentary Consultation button at the top of the page to schedule online.

Disclaimer:

The HKK Law Offices website is intended for informational purposes only. Nothing on the site is considered to be creating an attorney-client relationship between the reader and HKK Law Offices or as the rendering of legal advice for any specific matter. Readers are responsible for obtaining such advice from their own legal counsel.

No client or other reader should act or refrain from acting based on any information contained in the HKK Law Offices website without seeking appropriate legal or other professional advice on the particular facts and circumstances at issue.