Same-Sex Divorce in Wisconsin

Wisconsin Same-Sex Divorce Lawyers

The lawyers at Divergent Family Law help same-sex couples navigate the Wisconsin divorce legal system so they can win the best possible outcome for their families. Divorce can get messy, so it’s important to hire an experienced family law attorney that knows what it takes to “win” a divorce case. Our same-sex divorce lawyers help Wisconsin couples with a collection of legal issues, including:

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Child Custody for Same-Sex Couples

The child custody laws outlined in Wisconsin State statute say same-sex child custody laws are the same as different-sex child custody laws. The rights appointed to same-sex couples are the same as those given to different-sex couples. The decision made by the court when deciding child custody terms for same-sex couples will always be in the best interest of the child. When both parents in a same-sex relationship are equally responsible/capable of supporting the child, the court will usually split child custody evenly between the two parents.

Adopted Children

A child adopted by same-sex parents in Wisconsin is treated the same way a biological child would during a divorce. Child custody will be determined by the Wisconsin court system. The decision of the court will be based on what’s best for the child and their future. Ideally, the adopted child’s time is split between the two parents. If one parent is not capable/is unwilling to take care of the child, the court may decide the child is better off with one parent over the other.

Surrogate Children

Some same-sex couples will decide to use a surrogate to have a child instead of adoption. If the child is already born, the legal child custody process will proceed like any other child custody manner in Wisconsin. However, it’s important to refer to the legal surrogacy agreement terms that were originally outlined. Surrogacy contracts are enforceable in the state of Wisconsin as of 2013. Unless there were any pre-decided child custody terms decided on within a surrogacy legal agreement, the case will be treated the same as any other child custody case in court.

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Wisconsin Same-Sex Marriage Laws

As of October 6, 2014, same-sex marriage was legalized in Wisconsin. The official legalization allowed same-sex couples to get married anywhere in Wisconsin and have the marriage be legally recognized by the state. In 2015, the US Supreme Court ruled for same-sex marriage to be legalized everywhere in the United States - making it so same-sex marriage licenses received in Wisconsin are recognized everywhere in the country.

Same-Sex Divorce Rate

According to the Wisconsin Department of Health Services, Wisconsin’s divorce rate is right around 2.1 per 1,000. According to a study conducted by the UCLA School of Law Williams Institute, “same-sex couples end their marriages at a rate of 1.1% annually”. The divorce rate of same-sex marriages was recorded as being slightly less than the annual divorce rate of different-sex couples.

Free Same-Sex Divorce Consultations in Wisconsin

The experienced divorce attorneys at Divergent Family Law are experienced in helping Wisconsin couples smoothly navigate the legal divorce process. If you’re involved in a same-sex marriage you want to get out of or were served papers, contact our Wisconsin divorce attorneys. We offer free divorce case consultations. We will go through the details of your case and discuss the possible outcomes and plans to help you throughout the process. If you decide to work with us, we will get started on your defense right away. It’s our goal to make sure your divorce is handled and the outcome is fair for you and your family.

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Areas We Serve in Wisconsin

Our divorce attorneys provide family law legal services for clients all throughout the state of Wisconsin. We serve clients from our 8 law firms located in:

No matter where you live, we want to help. 

Contact our same-sex divorce attorneys for a free consultation

References: Custody and Physical Placement. Wisconsin Statute 767.41 (2023) | Marriages and Divorces. Wisconsin Department of Health Services (2023) | Patterns of Relationship Recognition for Same-Sex Couples. School of Law Williams Institute UCLA (2023) |

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Wisconsin Family Law & Divorce Attorneys:
Family Law Attorney Trisha Festerling
Trisha FesterlingAttorney
Family Law Attorney Joseph Kennedy
Joseph KennedyAttorney
Family Law Attorney Kaitlin Grasswick
Kaitlin GrasswickAttorney
Family Law Attorney Kira Visser
Kira VisserAttorney
Family Law Attorney Tom Grieve
Tom GrieveAttorney
Divergent Family Law Attorney Adam Kachelski
Adam KachelskiAttorney
Divergent Family Law Attorney Stephannie Guzy
Stephannie GuzyAttorney
Divergent Family Law Attorney Corey Montiho
Corey MontihoAttorney
Divergent Family Law Attorney Jeremy Chavez
Jeremy ChavezAttorney
Divergent Family Law Attorney Claire Dalle Molle
Claire Dalle MolleAttorney
Divergent Family Law Attorney Hayley Hetherington
Hayley HetheringtonAttorney
Divergent Family Law Attorney Madeline Schlederer
Madeline SchledererAttorney
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