Family Lawyers in Wisconsin

Divorce Lawyers defending your rights

  • Attorney Tapia has handled many divorce cases throughout his 10 years of experience. Divorces vary greatly in terms of complexity. If you have significant assets or property, and/or marital children, or if you are concerned about the legal ramifications of yoru divorce, you may need an experienced attorney to handle your case.

  • Biological fathers may not be considered legal fathers unless paternity of a child is established in court. An attorney can help you file a Motion for DNA testing before the Court. By the same token, this can be problematic for mothers that need financial support from biological fathers who are not considered “legal” parents yet. Book a consultation now if you need help in your paternity case.

  • Custody disputes can be really contentious and emotionally taxing. If you are in a custody dispute, you need an attorney to help you present your case in court. Don’t try litigating a custody dispute by yourself, unless you are willing to assume signficant risk. Look at the factors referenced at the bottom of this page. Book a consultation with an experienced attorney.

  • If your child has been abandoned, neglected, or severely mistreated, you may have no other resort than to try to terminate the other parent’s parental rights. This is not a remedy that is often granted, particularly if it is an involuntary termination. Book a consultation now to speak to an attorney about your options.

DIVORCE IN WISCONSIN: TIME IS IMPORTANT

In Wisconsin, you can only get divorced 120 days after the date of service to your spouse or after filing a “joint petition” signed by both parties (unless extraordinary circumsntances are present). This “cooling off” period gives parties an opportunity to reconsider, to provide financial disclosures to the other party, and to prepare and/or file a marital settlement agreement. These forms are available online here. However, we strongly recommend having an attorney help you or fill out these forms for you. Remember, you must either serve the other party or procure his/her signature on a Joint Petition. Consult an attorney.

TEMPORARY ORDER HEARINGS IN WISCONSIN

Generally, in cases where the parties have children in common, the parties may request a “temporary order hearing.” At this hearing, the Court Commissioner or Judge may decide a number of issues on a temorary basis, including, but not limited to:

  1. Physical Placement of Marital Children

  2. Legal Cusotdy of Marital Children

  3. Child Support

  4. Ruilngs pertaining to marital property

  5. Maintenance

Be ready for your temporary order hearing! You may be surprised when the commissioner makes quick decisions based on the information available at hand. In my experience, people are often unhappy with temporary orders. Keep in mind you can request a de novo hearing if you are unhappy with the court’s decisions, but that does NOT mean that the temporary orders are invalid. You will have to respect the temporary orders until the case is heard again. And even then, there is no guarantee a judge will rule differently. Book a consultation now!

MEDIATION IN WISCONSIN

Mediation is a low-cost mechanism employed by the courts to help parties reach a resolution on some of the issues in a divorce, particularly placement and custody issues. In general, the mediator will ask questions about your work schedule and living arrangements, and he/she will draft a potential placement schedule for you and your spouse. You don’t have to agree with the results of the mediation. However, it remains a useful mechanism for the courts in trying to assist parties in reaching a settlement early on.

DNA TESTING IN WISCONSIN

In certain cases, the Court Commissioner or Judge may order DNA testing to establish the paternity of a child at the request of one or both of the parties. If the probability of paternity is 99% or greater, there is a rebuttable presumption of paternity. Talk to one of our attorneys if you are interested in establishing paternity of a child, or if you have questions regarding the process.

CUSTODY DISPUTES IN WISCONSIN

It may surprise you to know that, in a child/children custody dispute, the wishes of the child or children and the wishes of the parents represent only one of 15 factors that a Judge or Commissioner considers when making a decision about legal custody and physical placement. You can find the relevant factors here. However, there are many nuances to each of these factors, and you may need a season attroney to help you litigate the dispute, particularly if it is contentious. We have a weekly newsletter dedicated to those navigating marital issues in Wisconsin, and you may subscribe by providing your e-mail. You can also book a consultation if you feel the need to talk to an attorney.

It’s important to keep track of your case on WCCAP. For non-confidential cases, your court case information and hearing details are typically available on this site. However, in cases involving domestic violence, for example, such as a petition for a restraining order, information about a party may be limited and/or not publicly available. If you are representing yourself, (“pro-se”) in a divorce, you can opt-in electronically into the E-FILING system so you can keep track of documents and filings. Keep in mind that if both you and your spouse opt in electronically, you may provide service to your spouse through the system, rather than serving him/her personally.

If you prefer, you may call us directly at (518) 528-5134.