Covid-19 and the Impact of the Family Court Systems Statewide

As the fears over the Coronavirus, formally known as Covid-19, grow worldwide, Courts have begun taking heightened precautions regarding the spread of the virus. Statewide the individual courts have been impacted by the current and ever-evolving CDC guidelines in hope to limit exposure.

Each county is making its own set of temporary orders on how cases are being handled over the coming weeks. Specifically, for Milwaukee and Waukesha County, the Courts have temporarily suspended all contested family matters that require in-person appearances until April. Some counties have not made specific orders, but it is left up to the discretion of the individual judges on how to handle their calendar. Other counties are still set to meet to discuss what orders are necessary for their county, if any.

Most counties will continue to hear all Domestic Violence Injunctions, Child Abuse Injunctions, Harassment Injunctions and Temporary Restraining Orders either in person or by-phone. Contact your local county to see if a phone appearance is acceptable to the court.

In a time of ever-changing CDC guidelines, it is important to keep up to date on what your county is doing. Contact one of our experienced family law attorneys to obtain representation and understand exactly how your county is handling family law cases.

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Military Divorce Lawyers in Wisconsin

Military Member Divorce Proceedings Differences

Despite a military divorce going through civilian court, specific laws and regulations distinguish the process. Through the Servicemember's Civil Relief Act, courts have the authority to delay divorce proceedings for 60 days while the service member is in active duty. This law protects service members a default divorce if they are unable to attend the trial proceedings. Ground, residency and filing requirements still apply as in civilian divorce cases.

Serving a Military Member

Serving an active military member is still required by law. If the divorce is not being contested, the service member can sign a waiver affidavit acknowledging receipt of the divorce papers.

Were You Recently Served Divorce Papers?

If you were recently served divorce papers in Wisconsin, you only have 20 days to respond! Act fast and get ahead of the process by consulting with one of our experienced family law attorneys.

Child Custody, Placement & Support

Once the divorce proceeding has begun, child custody and placement can present unique challenges due to frequent movement and the possibility of redeployment. While Wisconsin uses child support guidelines to determine the monetary amount, there are no guidelines for maintenance or spousal support. The spousal support and child support combined cannot be more than 60% of a military member’s pay. If the support is not paid appropriately by the service member, the military may take punitive action against the service member.

Spousal Support & Property Division

The federal government enacted the Uniformed Services Former Spouses’ Protection Act (USFSPA) to direct how military retirement benefits are calculated and divided in a divorce. Under this federal law, a service member’s retirement benefits will not be divided and distributed to any former spouse unless they had been married 10 years or longer while the service member was on active duty. Federal law supersedes state law, so regardless of how Wisconsin would view the retirement benefits, the state must follow the federal laws.

Contact Us for Military Divorce Legal Advice

These are a few of the complications that can arise in a military divorce. Contact one of our experienced attorneys today to discuss your options going forward. Divergent will be your strongest advocate in mediation and the courtroom.

Wisconsin Divorce Process

The experienced attorneys at Divergent Family Law are ready to represent your best interest in the divorce process. We will advise you through all stages and issues that arise including:

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Men and Women in WI