Family Law/Divorce

Family law encompasses a broad range of familial relations and dissolutions, including divorce, custody, placement, child support, protective orders, paternity, legal separation, and adoption. Family law cases are often emotional and challenging, but having an accomplished family law attorney aiding you through the process will help you to understand the issues and challenges you may face along the way. Our family law lawyers are committed to providing you with compassionate, aggressive, reliable representation through this difficult time. We will protect your interest in marital assets, rights to your children and to support.

“Protecting your family, children, and your assets.”

Divorce
Planning for and going through a divorce is a very emotional and stressful time in one’s life. Being prepared to deal with custody and financial issues that one will face is of the utmost importance. Wisconsin is a no-fault divorce state, making it fairly easy to obtain a divorce in most cases. Our attorneys have years of experience helping individuals through the divorce process, protecting you, your children, and your assets.

Legal Separation
A person may seek a legal separation if they think their marriage is broken, but not completely over. The procedure for a legal separation is very similar to a divorce, however, in the end you are still considered married but legally separated. This can be used to protect you from a spouse’s financial irresponsibility or other negligence. There are other reasons to consider legal separation as an alternative to divorce. Contact our office to discuss this with one of our experienced family law lawyers.

Paternity
If you are not married and have a child, you need to bring a paternity action in order to establish custodial rights or to set child support. Genetic tests may need to be ordered to ensure who the father is. Whether you are seeking to establish or defending against a paternity action, our experienced family law lawyers can help you deal with custody, placement, and child support issues to ensure your rights are protected.

Annulment
Under certain circumstances, usually if you have been married for less than one year, you may be able to have your marriage annulled. If your marriage is annulled it is as though the marriage never took place. Contact one of our experienced family law attorneys if you think you might have grounds for an annulment.

Child Custody and Placement/Visitation
Custody refers to who has a right to make major decisions regarding a child’s upbringing. Major decisions often include medical, school, religion, and consent for licenses. Wisconsin law favors joint custody, but there are circumstances when sole-custody is appropriate.

Placement refers to where a child is physically residing. Primary placement may be awarded to one parent or there could be a shared placement situation. Courts consider the “best interests of the child” when deciding upon placement or custody.

If the parents are not in agreement on custody or placement, they would have to go through mediation. If mediation is not successful, the court appoints a Guardian ad Litem (court appointed attorney) to represent the children’s best interests. It may also be necessary for psychologicals to be ordered on the parties or children. A child will not have to testify in court, their wishes are made known through the Guardian ad Litem.

Custody and placement can be the most difficult issues to resolve as your children’s well being is of the utmost importance. Our experienced custody/placement attorneys will do everything they can to protect your children and to enforce your placement rights during and after your marriage.

Child Support
Child support is based on several factors including but not limited to the placement schedule, a party’s income or income potential, the number of children and other contributions towards child’s expenses. In addition to a child support amount, a court can also order a contribution towards a child’s variable expenses. Parents are legally obligated to support their children. Child support typically continues until a child reaches the age of 18, or they age of 18 and the child is pursuing an accredited course of instruction leading to a high school diploma. Child support can be ordered paid by either parent depending on the placement arrangement. A single parent may also commence an action for child support. Affiliated Attorneys will do everything we can to protect your right to child support or to limit your exposure. Call our office to talk to one of our experienced child support lawyers about your case.

Child Support Enforcement
A parent who fails to stay current on their child support obligation can face significant consequences. A contempt finding could result in monetary penalties, jail, license suspension, or other sanctions deemed appropriate by the court. If you need help enforcing a current child support order or defending against a contempt action, contact our experienced child support attorneys for assistance.

Child Support Modification
Child support can be modified if there is a substantial change in circumstances. This often means a change in income or the placement schedule. This can be accomplished through a stipulation (written agreement between the parties) or by motion. Contact our experienced child support attorneys if you are considering a modification of support.

Spousal Support/Maintenance


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Spousal support/maintenance is not based upon any specific formula, but rather on general factors the court considers. These often take into consideration each parties’ incomes, income potential, length of the marriage, health, as well as other factors. When ordered, a court has to determine the appropriate amount of support as well as how long the payments will continue. Determination of maintenance/spousal support can be one of the most difficult issues to resolve in a case. Contact one of our experienced support lawyers to set a consultation to discuss possible maintenance scenarios.

Prenuptial/Marital Property Agreements
Prenuptial/marital property agreements are primarily used to protect your assets in advance of marriage, living together or in a domestic partnership. The parties can classify their current and certain future assets/income as remaining their individual property upon separation or death. It is especially important to have a prenuptial agreement if entering into a second or subsequent marriage. A prenuptial/marital property agreement may also be used to protect you from possible liability incurred by the other party. A valid agreement should be entered into fully and voluntarily, made after a full disclosure of assets and debts, and with the advice of counsel. If you are considering a prenuptial agreement, contact one of our experienced family law attorneys to answer your questions.