Whether you are a spouse, parent, child, grandparent, unmarried couple, or same-sex partner, this section provides information on a variety of family law topics, such as divorce, annulment, child custody, placement, maintenance and support, adoption, paternity, post-judgment modifications, domestic violence cases, and grandparents rights.
Our Wisconsin family lawyers can assist you with matters relating to:
- Child Support
- Child Custody
- Modification of Child Support Obligations
- Modification of Physical Placement Orders
- Physical Placement
- Property Division
- Domestic Violence Cases
- Grandparent's Rights
Call us at (608) 420-4033 today to schedule a free initial consultation. We are here to help however we can.
What Should I Look for in a Good Divorce Lawyer?
According to the Divorce pamphlet produced by the State Bar of Wisconsin: "Contrary to what many people believe, good divorce lawyers don't push their clients into full-scale war. This only leaves behind damage and resentment that can linger for years. The best outcome is a divorce that allows two people to begin to heal and get on with their lives. Toward that end, divorce attorneys help their clients settle their divorce, if at all possible, rather than go to trial." We make it easy to speak to our divorce lawyers in Wisconsin. You can chat online, set up a video conference call, or meet in person at our law firm in Madison.
What Are the Basics in a Divorce?
Wisconsin is a no-fault divorce state. This means that the court is not interested in why a party is seeking a divorce. The court, however, must be convinced that the marriage is irretrievably broken. In other words, the court will grant the divorce if there is no reasonable prospect that the married couple can reconcile their differences.
Who has the authority to make major decisions for a child? "Major decisions" include consent to marry, consent to enter military service, consent to obtain a driver's license, authorization for non-emergency health care, and choice of school and religion. If both parents have equal decision-making authority, this is called "joint legal custody." If one parent has the right to make major decisions, this is called "sole legal custody." Physical Placement: The person who has physical placement makes decisions regarding the child's care while the child is physically placed with him or her. These decisions must be consistent with major decisions made by the person(s) having legal custody.
Payments made from one parent to another for the purpose of assisting in the costs of raising the child(ren). Support calculations can be complex and vary based on the amount of time each parent has placement of the child(ren) and the level of income of either or both parents. Our family law attorneys in Wisconsin can assist you with this and more.
Formerly called alimony, maintenance is a payment from one spouse to the other. When determining if maintenance should be awarded, the court will consider: the length of the marriage; the age and health of both spouses; the property division; the education of each spouse; the standard of living of each spouse, and the likelihood that each is or can be self-supporting; tax consequences; agreements between the spouses; the contributions of each spouse toward the other or the family; and other factors the court deems relevant. Maintenance can be awarded for a fixed amount of time or indefinitely. You can discuss all of this in more detail with one of our divorce attorneys in Wisconsin.
The court will attempt to divide the marital estate equally between the spouses. The marital estate consists of assets and debts acquired during the marriage. There are rules that allow certain property to be excepted from the marital estate: inheritance, gifts, etc.
How Are Child Support Calculations Made?
If one parent has primary placement, the court typically orders child support based on the following guidelines:
- One Child: 17% of gross income
- Two Children: 25% of gross income
- Three Children: 29% of gross income
- Four Children: 31% of gross income
If the parents share placement, the courts will consider the amount of child support mom would pay for the child(ren) for the time the child(ren) are with dad and offset that figure by the amount dad would pay for the time the child(ren) are with mom.
The court may use alternative formulas for high and low-income child support payers. Either parent may argue for deviation from these standard calculations.
When you are ready to move forward with your case, contact our Wisconsin family lawyers at Lawton Cates.
"Terry took the time to comfortably explain all and discuss options and decision-making that could be done along the way with clear pros and cons and asking me how I’d like to proceed."Jim R.
Compassionate, thorough, & made it easy to understand what’s going on.Riley G.
Lawton & Cates has been the most supportive and helpful!Rachel
"Everyone was so very kind to me... We were all made to feel welcome, made to feel supported, and made to feel like we belong there. That was very important to me since I was pretty stressed out a lot of the time."Susie