Trusted Divorce Attorneys In Milwaukee
The experienced attorneys at Laster & Associates are prepared to aggressively represent you in your divorce proceedings. We understand that emotions run high during this difficult time, which is why your rights are best served and protected by one of our skillful divorce attorneys.
Getting A Divorce In Wisconsin
Wisconsin is a “no-fault” divorce state. This means that neither party needs to prove wrongdoing by the other to obtain a divorce. All that is required is for one party to testify under oath that the marriage is irretrievably broken and that there is no possibility for reconciliation.
In Wisconsin, a divorce may be contested or uncontested.
- An uncontested divorce is one in which the parties agree on issues related to the division of marital property, spousal/family/child support, and child custody and placement.
- In a contested divorce, the parties cannot come to an agreement on these critical issues.
Divorce is a complicated, emotionally difficult process best handled by a trained divorce attorney at Laster & Associates.
Family Law Matters Related To Your Divorce
There are many issues to resolve in your divorce with important, lasting consequences, which is why your divorce is best handled by a trained family law attorney.Laster & Associates is a full-service family law firm offering legal representation in:
- Spousal support: You or your spouse may ask the court for a maintenance award whereby one spouse contributes to the support of the other.
- Property division: The law in Wisconsin presumes that all property acquired by spouses during their marriage is community property to be equally distributed between the parties upon their divorce. While there are exceptions to this rule, it is important to ensure that your property is protected.
- Child support: Child support in Wisconsin is based on a set of guidelines according to the pretax income of the supporting parent.
- Child custody/placement: The court may award joint or sole custody to a parent. Physical placement of the child may be primary with one parent or a shared schedule between both parents.
The divorce lawyers at Laster & Associates are here to make sure your rights and interests are protected.
Legal Requirements For A Divorce In Wisconsin
Keeping up with the legal rules for a divorce can be challenging, especially when emotions are running hot, as is common in many divorces. However, understanding the legal requirements is vital for the smoothest transition possible.
In Wisconsin, there are specific legal requirements that must be met for a divorce to be granted:
- Residency requirement: At least one spouse must have been a resident of Wisconsin for at least six months before filing for divorce. Further, the party filing for divorce must have resided in the county where the petition is filed for a minimum of 30 days.
- Grounds for divorce: Wisconsin is a no-fault divorce state, meaning the only ground for divorce is the irretrievable breakdown of the marriage. No proof of misconduct by either spouse is required. The court must be convinced that the marriage cannot be saved, and this usually involves a waiting period of 120 days after the filing of the petition and service of process before the divorce can be finalized.
- Financial disclosure: Both parties must fully disclose all their assets, liabilities, income and expenses. Such transparency can help to ensure a fair division of property and an equitable determination of spousal support obligations. Failure to disclose financial information can result in penalties and affect court decisions regarding property division and support.
- Child custody and support: The court will prioritize the child’s best interests when making custody and support determinations if the couple has minor children. Parents are encouraged to develop a parenting plan outlining custody arrangements, visitation schedules and decision-making for the child’s welfare. Child support is calculated based on the income of both parents as well as the child’s needs.
When your divorce is complicated or highly contentious, it is highly advisable to seek the assistance of a Wisconsin divorce lawyer. They can help you navigate the legal process, protect your rights and provide guidance on the divorce issues that matter the most.
Have A Divorce Question? We Have The Answer!
If you’re heading toward divorce, it’s natural to have questions. Below are answers to the most asked questions we get. However, it’s very likely that your specific situation is unique and not covered. Read on to get an idea of what you need to know, and then call us to get the full context.
How do I file for divorce?
First, you must have been a resident of the county in which you are filing for at least 30 days prior to filing, and you must have been a resident in the state of Wisconsin for at least six months. The divorce petition is filed in the county in which you live. Then, the other party must be served with the petition.
The American Psychological Association reported that over 20% of first marriages end in divorce within five years. It is important to make sure the process is commenced properly, which is why it is so important to hire talented divorce attorneys in Milwaukee, Wisconsin, to represent you from the very beginning.
I cannot afford to hire an attorney. Will the court order my ex-partner to pay for my attorney?
There are some situations in which the court may order a spouse to help pay for the attorney fees of the other spouse. However, this is not typically the case, as you are generally responsible for paying for your own attorney. For more information, contact us today to speak to the best family attorney Milwaukee, Wisconsin, has to offer.
How long does the divorce process take?
In Wisconsin, there is at least a 120-day, or four-month, waiting period that must pass between the date of service and the first hearing before the judge. The process may take longer, however, in a contested divorce where there is serious disagreement on the issues. For more information, contact us to speak with a divorce custody lawyer Milwaukee, WI trusts.
What else do I need to consider?
There are many things to consider. Legally, in a divorce, a property must be divided between the parties. Additionally, if there are children from the marriage, custody, placement, and support may also need to be determined. If you’re looking for a qualified divorce custody lawyer in Milwaukee, WI, contact us today.
Are there any alternatives to a divorce?
Yes. In Wisconsin, there is legal separation, which does not end the marriage. There is still a mandatory 120-day waiting period between initiating the proceeding and having it finalized. The major difference in a legal separation, however, is that the parties may reconcile at any time. A marriage may also be annulled. An annulment treats the marriage as having never existed. To discuss the options available to you, contact one of our knowledgeable divorce attorneys in Milwaukee, Wisconsin, today.
Is there always a trial?
No. Wisconsin encourages collaborative and cooperative divorces. Collaborative divorce encourages the parties to work together in reaching an out-of-court settlement. If the parties are represented by counsel, and these efforts fail, the divorce proceeds to trial. However, the attorneys who represented the spouses in settlement discussions withdraw, and new counsel is brought onto the case. In a cooperative divorce, while a settlement between the parties is desired, a court trial remains an option for the parties with their counsel in the event an agreement cannot be reached.
Contact Us
To discuss your case with a skilled divorce attorney, contact our office today or call 414-973-1945. We offer a FREE initial consultation and are available by appointment on evenings and weekends. We serve Milwaukee and Washington, Walworth, Ozaukee and Waukesha counties. Let our divorce attorneys guide you through the process.