Best Divorce Lawyers in Milwaukee

FAQs

• What is the non-emergency contact number for the local police station in Milwaukee, Wisconsin?

  414-933-4444 is the City of Milawukee's non-emergency number for dispatching police. If the cops need to be notified but not dispatched, the number is 414-935-7262.

• Where can I get a copy of police reports for incidents related to my case in Milwaukee, Wisconsin?

  Police Reports are available in-person at 2333 N. 49th Street, 2nd Floor, Milwaukee, WI 53210, and by mail at PO Box 531, Milwaukee, WI 53201.

• What are the procedural basics to take note of when filing for a divorce in Milwaukee?

  Parties who wish to file for a divorce in Milwaukee must take note of the territorial and jurisdictional requirements in the state. Wisconsin law requires that applicants for divorce reside in the state for six months, and file in the county where they've been staying for 30 days. If the petition is not filed jointly, the other spouse must be served, with the proof of service sent to court. Then there's a 120-day period after filing before the trial starts.

• If a spouse in Milwaukee is married to a military service member who is currently deployed, is a judgment of default merited if the other party was served but fails to respond in 59 days?

  No, a judgment of default is not yet merited in Milwaukee if the service member is currently on active duty and only 59 days have elapsed. The Servicemember’s Civil Relief Act gives the judiciary permission to put the litigation process on hold for up to 60 days because it recognizes the inherent difficulty that military personnel face when sued back home.

• If spouse obtained a legal separation decree in Milwaukee and was somehow able to obtain a marriage in a neighboring state, is this subsequent marriage valid?

  No, the subsequent marriage is not valid if the spouse only has a legal separation decree from a Milwaukee court. A legal separation is different from a divorce in that the marital ties are never severed, and the persons involved effectively remained wedded though allowed to live apart. The subsequent marriage is thus bigamous and gives rise to liability for a felony.

• Can judges in Milwaukee compel a couple to undergo mediation during a divorce?

  Yes, judges in Milwaukee can require a couple to undergo divorce mediation proceedings during a divorce in Milwaukee. This occurs when there are disputes as to the custody of children or the finances of the couple. If the proceedings fail to produce a negotiated settlement, a guardian ad litem will be appointed and the case will proceed to pretrial.

• What is the implication on Milwaukee divorces of Wisconsin's adoption of community property regimes?

  Adopting community property regimes by the state means that couples who wish to divorce in Milwaukee will have their properties split equally between the spouses during a divorce instead of equitably. The court will try to split the assets 50/50 instead of determining which assets were brought into the marriage by whom and then redistribute them accordingly.

• What are the basic steps to filing for divorce?

  The steps required to file for divorce depend heavily on whether the divorce is contested, if there are minor children or property issues at stake, and if there are disagreements over child support or alimony. The process may also differ from state to state, but generally parties must:

  • File the divorce petition
  • Hire a process server to give the other party divorce papers/respond to the original petitioner's filing
  • Request temporary orders covering issues such as custody/visitation, support, and exclusive property use
  • Make financial disclosures
  • Request discovery from your spouse
  • Propose and/or consider a possible settlement
  • Go to trial if necessary
  • Receive a signed judgment from the court indicating the divorce is final
  • Address post-divorce tasks such as transferring property titles and closing joint bank accounts

• How much does it cost to get a divorce?

  The cost of a divorce differs dramatically based on a litany of criteria, such as whether the divorce is contested, where the divorce petition is filed, and whether the divorce requires a professional intermediary or other legal expert. A simple, low-frills DIY divorce can be as little as a few hundred dollars. Add in mediation and the cost may jump to the mid-four figures and can easily reach $7,000 or more. Hire a lawyer and you may pay anywhere from $10,000 to $100,000+ if there are major custodial issue or complex financial concerns.

• How much does a divorce lawyer cost?

  Most divorce lawyers charge by the hour and billing can vary dramatically. Some attorneys in more affordable markets and/or with less experience may charge as little as $75/hour. More experienced attorney or those who have large staffs, specialize in complex cases, or hold relevant certifications may charge premium rates in excess of $400/hour. Then there are the amount of hours invested; simple cases may be over in a matter of weeks while hotly contested divorces can drag on for years leading to lawyer's fees in the tens of thousands.

• How to choose a divorce lawyer/what to look for?

  Divorce lawyers are not one-size-fits-all. It's important to find a lawyer whose skill set, experience, and resources align with the demands of each specific situation. For instance, some attorneys will push mediation while others are naturals in the courtroom.

  • Know your budget
  • Limit your search to lawyers experienced in family law
  • Zero in on lawyers or firms that can handle the complexities of divorce, especially any issues that may be specific to the current case
  • Read reviews and ask friends for recommendations, but remember that their situations and needs may not be the same
  • Conduct interviews to see who feels trustworthy and can spell out an approach that feels appropriate
  • Try to ignore ad campaigns and office décor and instead consider track record and skills

• What is an uncontested divorce?

  An uncontested divorce is one in which both parties agree on the major issues, such as custody of any minor children, child support, alimony, and how to divide any assets and/or debt. While uncontested divorces still require a judge to approve the terms of the divorcing couple's signed agreement, these relatively simple splits tend to move faster, cost less money, and are easier to execute without the help of a divorce lawyer. A divorce filing that goes unanswered by the non-petitioning party may also be considered uncontested.

• Can you file for divorce without a lawyer?

  It's possible to file for divorce without a lawyer, especially if the divorce is uncontested. Many states offer free divorce forms either online or at legal self-help centers located in or near family court. There are often dispute resolution resources available as well; mediation services can help iron out disputes over custody or financial support without involving lawyers. Still, a free consultation with a divorce lawyer can offer valuable insight, and contentious divorces, whether they go to trial or not, all but require legal representation.

• How long does it take to get a divorce?

  The length of a divorce is contingent on four things: each state's mandatory waiting period, whether the divorce is uncontested or contested, how quickly both sides can come to an agreement, and how quickly a judge is able to hear or review the case and sign off. The best-case scenario is an uncontested divorce in a state with a short waiting period which could see a divorce finalized in a matter of weeks. For divorces with highly combative parties, long discovery periods, and other complications, a decision could take months or even years.

• How to prepare for divorce?

  It's difficult to ever feel truly prepared for the rigors of divorce, but there are several steps that can make the process more bearable and allow for a more positive outcome:

  • Interview attorneys
  • Locate and make copies of important documents like mortgage and car titles, insurance policies, business licenses, financial records, bank statements, and income tax returns
  • Take inventory of valuable household items that should be considered later while splitting assets
  • Make a detailed list of monthly expenses, including utilities, rent or mortgage, childcare, kids' activities like sports or dance classes, school tuition, and insurance
  • Know what the respondent's income is, including any income from self-employment, stock dividends, and interest
  • Double-check credit history and evaluate both short- and long-term earning potential
  • Set goals for ideal custody arrangement, support amounts, and living arrangements
  • Get support from friends and family

• What to do with an engagement ring after divorce?

  Most courts follow state laws that consider an engagement ring to be the recipient's property once a wedding takes place, which means it remains that recipient's individual property even after a divorce. Other states categorize engagement rings as marital property and as such the ring is subject to the same division of assets as a house or art collection might be. For spouses who get to keep their jewelry, engagement rings can be sold, dismantled and repurposed, returned to the original buyer, or kept and handed down to any children the marriage may have produced.

• What is divorce mediation?

  When divorces get heated or even just have the potential to become messy, a neutral third party can help calm both parties and resolve issues without the need for a trial. This is called mediation. A great mediator is unbiased and invested in a balanced, fair outcome; they will ideally listen to both parties, encourage respectful discussions, and raise questions or concerns when appropriate. Once an agreement is reached, the mediator will prepare documents detailing the agreed-upon terms. Using a mediator only works if both sides are willing to meet and discuss a compromise, but doing so can save a considerable amount of time, money, emotional strain, and overall stress.