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Davis & Associates helps families across Wisconsin
Wisconsin Family Law Attorneys
Davis & Associates helps families across Wisconsin with divorce, child custody, child support, spousal support, property division, and other family law matters. Our team serves clients throughout Wisconsin.
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Browse common service areas by office location.
Family Law Service Areas in Wisconsin
The attorneys at our Wisconsin office locations provide clear and exceptional guidance for a variety of family law issues. Each location proudly serves the surrounding community and nearby regions. For help navigating your family law matter, please reach out to one of our convenient office locations listed below.
Milwaukee
Service Areas & Surrounding Communities
- Brookfield
- Brookfield
- Butler
- Cudahy
- Elm Grove
- Franklin
- Germantown
- Greendale
- Hales Corners
- Menomonee Falls
- Muskego
- New Berlin
- Oak Creek
- Saint Francis
- South Milwaukee
- Thiensville
Wisconsin Practice Areas
Family Law Services Across Wisconsin
Family Law Attorneys Serving Wisconsin
What To Know About Family Law in Wisconsin
Decisions made during divorce and other challenges can create a whole new outline for your life. From where you live and when you see your children to your new financial responsibilities, challenges you’re facing today will impact tomorrow. It’s essential to work with an experienced attorney who can guide you through Wisconsin’s unique family law groundwork.
Below you’ll find a workable overview of family law issues that can impact not just your future and finances, but your entire family. Learn more about divorce, child custody & support, divorce, property division, court procedures, and safety-related concerns in Wisconsin.
Divorce Requirements in Wisconsin
In Wisconsin, divorce is defined as the ending of a marriage. Since we are “no fault” divorce state, neither spouse is required to provide proof that the other has committed a wrongdoing. State law also only requires that one spouse testify under oath that the marriage has become irretrievable broken down.
Residency requirements can limit who is able to file for divorce in Wisconsin. These require at least one spouse to be:
- A resident of Wisconsin for at least 6 months prior to filing
- A resident of the county in which they are filing for at least 30 days
If you are filing for legal separation rather than divorce, you are only required to be a resident of Wisconsin and the county in which you are filing for 30 days. Unlike divorce, legal separation does not end a marriage and spouses may choose to reconcile at any point during this separation. They may not, however, remarry while legally separated.
Helpful next step: Learn more about Divorce.
Custody and Parental Responsibilities
Divorce becomes significantly more complicated when children are involved. For parents, child custody decisions are often the most important matter during this process.
Courts prioritize the well-being of children in all custody matters, regardless of the wants or desires of the parents. This includes looking at the full picture of a child’s life, such as their ties to their community, school, and extended family members in addition to their relationship with each parent. If there have been any past safety concerns, this will also be taken into consideration.
Your parenting plan will cover both legal and physical custody, school, childcare, medical care, and more.
Under current Wisconsin state law, when parents are unmarried, mothers have sole legal and physical custody of children until the court decides otherwise. It’s important for unmarried fathers to take quick and decisive steps to ensure they retain access to and legal decision-making abilities for their children.
Helpful next step: Learn more about Child Custody.
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Child Support
Children are legally entitled to financial support from both parents. Whether parents are divorce or never married, child support is a vital component of financial stability for children. Support orders are typically based on parenting schedules, both parents’ incomes, childcare costs, health insurance, and more.
In general, child support is paid from the non-custodial parent to the custodial parent. However, even if you have shared physical custody, one parent may still be entitled to receive support from the other depending on each parent’s financial situation.
It’s important to understand the intricacies of support calculations and required documentation in Wisconsin.
Helpful next step: Learn more about Child Support.
Spousal Maintenance/Alimony
Alimony, which is referred to as spousal maintenance in Wisconsin and also known as spousal support, is a post-divorce financial payment plan. It is not awarded in all divorces, but is typically present in divorces when there is a significant difference in finances.
The court will typically look at the length of the marriage, each spouse’s contributions (financial and not), incomes, earning capacities, education, educational opportunities, age, standard of living, and overall health.
Wisconsin allows for both permanent (or “indefinite”) and temporary spousal maintenance.
Since spousal maintenance can have a significant impact on both party’s future financial stability, it is often one of the most divisive issue during a divorce.
Helpful next step: Learn more about Spousal Maintenance.
Finding the Right Legal Help
How Davis & Associates Helps Wisconsin Families
Reach out today and let us know what’s happening and where you’re located. No matter what family law matter you’re dealing with, the first step is understanding your situation.
We’ll connect you with the right office and team best suited to assist you based on both your location and your legal needs. If you are in Milwaukie, nearby communities, or elsewhere in Wisconsin, we can help you find the right starting point.
Once we understand the details, we’ll help you understand what options you may have under Wisconsin family law. This may include negotiation, mediation, filing a case, responding to a court action, requesting temporary orders, or taking steps to protect your children, finances, or safety.
After your options are clear, Davis & Associates helps you take the next step with a focused legal strategy. The goal is to give you direction, reduce uncertainty, and help you make informed decisions about your family’s future.
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Frequently Asked Questions
Family Law in Wisconsin
In Wisconsin, a divorce filing only requires one spouse. This means that it is possible to file for divorce without telling a partner. However, both spouses are required in order to actually obtain a legal divorce.
Wisconsin state law considers all debts that are incurred during the course of the marriage to be marital debt, and therefore must be divided. In general, debts are divided equally, although there are exceptions.
All divorcing couples in Wisconsin must wait a minimum of 120 days after filing to finalize their divorce. During this time, parents can establish a temporary child custody agreement.
If there is a history of violence or domestic abuse, the court may grant a temporary restraining order during the divorce process. This will give you and your attorney the safety and space you need to focus on other essential family law matters.
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