How do I divorce in Wisconsin?

To file for divorce in Wisconsin, you need to be a resident of the state for at least 6 months and a resident of the county where the divorce will be filed for at least 30 days. You can file alone or jointly with your spouse, but if you file separately you need to serve them papers and provide the court with proof.

What happens when you are served divorce papers?

Consult a divorce attorney for help drafting a counterclaim, and submit within 20 days of being served papers. Gather information about your assets and finances, and ask your spouse for the same information. You and your spouse can decide whether to use mediation or settle in court during the 120 waiting period before the divorce is finalized.

What happens after divorce papers are served?

Once papers have been served, you and your spouse will have an initial hearing in order to be granted temporary orders. You will then have a 120-day waiting period before the divorce is official to address your differences with a mediator or settle them in court.

What can I expect during a divorce trial?

During a divorce trial, you and your spouse will both make your case in front of a judge. The judge will hear each side and make final decisions about property/asset division, child placement and custody, spousal support and more.

What to ask for in a divorce settlement agreement?

Essentials in a divorce settlement agreement include a parenting time schedule, support specifics, life insurance, retirement accounts and home ownership if you have a house together. Other important items include college tuition, family heirlooms and division of debt.

How is child support determined in Wisconsin?

Wisconsin child support is based on the paying parent's income. The Wisconsin guidelines are 17% for one child, 25% for two, 29% for three, 31% for four, and 34% for five.

What does child support cover in Wisconsin?

Child support should be used to pay for clothing, food, housing, transportation, utilities, medical care, school tuition, child care and any other expenses accrued while taking care of a child. If you are the paying parent, you are responsible for paying child support, even while they are in your care.

When does child support end in Wisconsin?

Court-ordered child support ends when your child turns 18. If your 18-year-old child still lives with a parent or attends high school, you are responsible for paying child support until they graduate from high school or turn 19 (whichever comes first).

How much does divorce cost in Wisconsin?

Wisconsin divorce costs range from $1,500 to $40,000. Factors such as the type of divorce, whether the divorcing parties have minor children, and filing fees in your county can affect cost.

How does divorce mediation work?

Divorce mediation is meant to help you and your spouse settle your differences outside court. You'll meet with a neutral mediator to negotiate the terms of your divorce settlement before presenting it to a judge.

Brookfield divorce attorneys: Divergent family law office

Brookfield's Trusted Divorce Lawyers

Going through a divorce can be an emotional and challenging time. Divergent Law’s experienced team of trusted divorce lawyers will stand by your side. Our dedicated and compassionate attorneys are committed to guiding you through the Wisconsin divorce process with care and understanding.

Our firm is made up of many of Wisconsin’s top-rated family law attorneys, including one of the top 100 trial lawyers in Wisconsin appointed by the National Trial Lawyers Association. Our entire team has years of experience handling complex divorce cases. We take the time to understand your unique situation and goals so we can develop legal strategies tailored specifically for you. Our top concerns are your peace of mind and well-being.

Divergent Family Law works diligently to resolve divorce matters as efficiently as possible, whether through negotiation and mediation or skillful litigation in court. We offer transparent legal fees so you never have to worry about hidden costs.

Don’t go through a difficult divorce alone. Contact Divergent Law today to schedule a consultation with one of our compassionate divorce attorneys.

Steps to Divorce in Brookfield, WI

Step 1

Contact Us & Schedule

Reach out to our Brookfield office online or by phone. We’ll set up a consultation at a convenient time for you to start the process.

Step 2

Attend Your Free Consultation

Meet with one of our experienced divorce attorneys. We’ll review your situation in depth and discuss how we can assist you through each stage.

Step 3

Work with our family and divorce lawyers

Our legal team will be by your side providing advice and representation tailored to your needs throughout the divorce proceedings.

Step 4

Divorce mediation or court hearing

We will guide you through alternative dispute resolution like mediation when suitable or provide skilled representation in contested court hearings.

Step 5

Finalize divorce

Complete the mandatory waiting period and participate in the final court hearing where the court will assess the divorce records and issue a conclusive judgment.

Choosing the Right Divorce Option For You

Going through a divorce can be difficult, but choosing the right legal process can help make it less stressful. Divergent Law offers guidance on divorce options to find the best fit based on your circumstances.

Uncontested Divorce

An uncontested divorce is possible when spouses mutually agree on all aspects, including asset division, child custody and spousal support. The streamlined process is typically faster, less expensive and less contentious.

Contested Divorce

When spouses cannot agree, a judge resolves the disputed issues like child custody, spousal support payments, asset division, and other necessary issues to end the marriage. Though contested divorce can be adversarial, we advocate effectively for your interests in court. Contested divorces are often longer, more expensive and more emotionally difficult for all parties.

Mediated Divorce

Mediation involves working with a neutral third party to reach the necessary divorce agreements. Mediation encourages cooperation and communication to find solutions to satisfy both spouses. It allows each party to play an active role in shaping the outcome of the divorce.

Annulments

An annulment will legally void a marriage as if it never occurred and states the marriage was never legally valid. There are strict criteria necessary to get an annulment, including fraud, lack of consummation, bigamy or incapacity. An annulment will terminate all marital rights and responsibilities.

Factors That May Affect Your Divorce

Length of the marriage
Children
Jointly Owned Assets or Debts
Income Disparity
Business Ownership
Employment Status
History of domestic violence, substance abuse or criminal history

Family Law Services in Brookfield

We offer support and legal guidance for:

Child Custody

In Wisconsin, child custody is divided into two parts: legal custody and physical custody. Legal custody refers to the authority to make important decisions about the child’s healthcare, education, etc., while physical custody (or placement) relates to the actual time spent with each parent.

During a divorce, parents have the option to choose joint legal and physical custody or pursue sole custody. Wisconsin courts enter each divorce case assuming joint custody, where both parents are involved in the child’s upbringing, is in the best interest of the child.

It’s important to note modifications to placement can be made if there is a need to change the legal arrangements for the child’s residence and care. This may involve adjusting living situations or visitation schedules for changes in the parents’ circumstances or the child’s best interests. Follow the appropriate legal procedures and provide compelling reasons for change to ensure a successful modification.

Child Support

Child support can vary significantly from one divorce case to another. Wisconsin courts have guidelines in place to help establish what is appropriate for each case. The guidelines consider a variety of factors like parental income, number of children and any additional costs related to the child’s healthcare, education or special needs.

There may be specific circumstances within your situation leading to adjustments in the child support amount, such as significant medical expenses or educational requirements. It’s important to have a clear understanding of your financial responsibilities.

Use our Wisconsin child support calculator for primary or shared placement schedules to help you estimate your monthly Wisconsin child support payments.

Divorce Mediation

Divorce mediation is the best divorce method for couples who want an amicable end to the marriage. Mediation offers a collaborative and cooperative environment to address sensitive subjects like property division and child placement. Couples can save valuable time and financial resources through mediation without the stress of a long trial.

Paternity

Paternity is the legal identification of the biological father of a child. Once established, the father gains certain parental rights and responsibilities. Legal paternity gives fathers custody and visitation rights after a divorce and also makes fathers legally responsible for providing financial support.

High Net Worth

Our attorneys have extensive experience with high net worth divorce cases involving substantial assets and complex finances. We understand the intricacies of dividing significant marital property like businesses, trusts and real estate and determining fair spousal support agreements. High net worth divorces tend to require more intricate legal expertise. Our skilled attorneys will navigate the complexities associated with wealth and assets to reach an equitable outcome.

Military

We understand the intricacies of divorces involving active-duty military members or veterans. Issues like frequent relocation, overseas deployments and complex division of military benefits require specialized legal knowledge.

Our attorneys are deeply familiar with the regulations governing military pensions, healthcare, housing allowances and other benefits in divorce proceedings. We fight to secure our clients’ entitled benefits.

Jurisdictional issues can arise when spouses live apart across state lines or abroad. We are equipped to handle multidistrict challenges and pursue the optimal legal venue. Most importantly, we approach every military divorce with compassion and sensitivity to the stresses clients face. Trust our experienced team to achieve a fair outcome while providing dedicated support.

Flexible Divorce Payment Plans for Brookfield Families

Choose Divergent Family Law in Brookfield to protect your property, income and children’s rights when going through a divorce. Brookfield residents trust us for our award-winning expertise and flexible payment plans. Learn more about divorce costs and the process timeline in Brookfield and throughout Wisconsin in Milwaukee, Glendale, Appleton, Madison and beyond.

Brookfield Free Divorce Seminars

Join Divergent Family Law for a free divorce seminar in Brookfield. Learn about Wisconsin’s divorce process, navigate common divorce issues and ask questions to our experienced divorce attorneys. Learn More.

What's Next?

Contact our Brookfield divorce lawyers by phone or using our contact form for a free consultation. Whether you need help with alimony, child support calculations, divorce records or property division, we are your comprehensive resource for all your family law questions.

Divergent Family Law’s expert divorce attorneys serve Brookfield, Pewaukee, Hartland, Delafield, Oconomowoc and beyond.

Brookfield Divorce Attorneys

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