Frequently Asked Questions About Wisconsin Family Law

Wisconsin has some unique rules when it comes to family legal issues. Here are some questions that reflect our clients’ most common concerns:

How is property divided in a Wisconsin divorce?

Wisconsin is a community property state, so marital property is generally divided 50/50 between spouses. However, Wisconsin considers property that was owned before marriage by either spouse also to be marital property, not each party’s separate assets.

There are only a few exceptions to the community property rule, such as gifts given to one party or inheritances.

How is child custody determined in Wisconsin?

Custody is divided into legal custody – or a parent’s ability to make important decisions for the child – and physical custody or “parenting time.” The court generally presumes that joint legal custody is in a child’s best interests, and parenting time should be divided in a way that gives each parent meaningful time with the child.

All custody decisions, however, are made with the child’s best interests in mind, taking into account their age, any history of abuse or neglect, and each parent’s ability to cooperate and adhere to a plan that provides stability for the child.

What is the difference between legal separation and divorce in Wisconsin?

The key difference between a legal separation and a divorce is that a legal separation allows a couple to live separately while remaining legally married, while a divorce completely ends the marriage. Some couples choose legal separation to maintain health insurance for a dependent spouse or for religious reasons, but the process is largely the same.

What is family law mediation?

In family law mediation, a neutral third party helps couples resolve their disputes with a mutually acceptable agreement in hopes of avoiding litigation. This often allows for customized agreements that better reflect the family’s needs, and is typically faster and more cost-effective than a court battle.

Call Today To Learn More

At the Law Offices of Benske, Gatzke, McFadden and Rose, our attorneys are here for you. Call 262-214-0380 or use our online form to schedule a free consultation. We proudly serve residents of New Berlin, and both Milwaukee and Waukesha counties.