Fox Point, WI Divorce Attorneys

Fox Point WI Divorce Attorneys


Every divorce is unique, and even when parties enter the process with confidence and a firm idea of what to expect, once they get started, they quickly discover that they are left with more questions than answers. Divorce forces parties to think about issues that most married couples never even consider. Moreover, it demands that those parties make finite decisions about issues that are typically never black and white. These reasons and countless others makes the divorce process seem lengthy and convoluted, and are often why divorces turn so ugly. Our Fox Point, WI, divorce attorneys at the law office of MacGillis Wiemer, LLC, make it our goal to alleviate stress and uncertainty by addressing all questions and concerns as honestly and as thoroughly as possible, and by keeping parties informed throughout the entire process. Moreover, we help clients understand their rights and what they can do to retain those rights every step of the way.

If you and your spouse are thinking about divorce, or if you have already filed for divorce, contact our Fox Point family law office today. We are prepared to handle your case with the attention, compassion, and care it deserves.

What to Expect From Your Wisconsin Divorce

While we can not tell you specifically what to expect from your divorce, we can prepare you for the tougher aspects, such as property division and child custody, by informing you of your rights under Wisconsin law. For instance, when it comes to property division, be prepared to split your assets and liabilities 50/50. This is because Wisconsin is one of nine community property states, which means that all property, income, and debts acquired during the union is assumed to be marital property. Unlike in equitable distribution states, Wisconsin courts do not take into consideration spouses’ contribution to their marriage before divvying up property. For this reason, if there is certain property you want to hold onto, it is imperative that you work with an experienced Fox Point divorce lawyer to protect said property from being subject to division. Your attorney can advise you of what property is exempt from community property distribution laws, such as the following:

  • Property acquired or purchased prior to the union;
  • Property that was bequeathed via a will to an individual spouse; and
  • Property that was gifted to an individual.

Unfortunately, even property that meets the above three requirements may still be classified as marital property if it was used to benefit the marriage, such as a home. If this occurs, and if the asset is something you truly want to keep, our lawyers can help you value the property and negotiate a compromise that allows you to hold onto a particular asset.

When it comes to child custody, the judge will make two major determinations – who will assume the right to make major parental decisions regarding the child’s well-being (such as those regarding schooling, healthcare, religion, etc.), and where the child will live. In an ideal situation, parents would split parenting time 50/50 and assume joint control over major decisions. Unfortunately, divorce almost never resolves itself in an ideal way.

Parents in Wisconsin are encouraged to attend mediation so that they can devise a parenting plan and establish rights that are in the best interests of the child and with which both parties are happy. Though the agreement must meet the approval of a judge, the mediation process often helps to establish a far better set up than what a judge could come up with.

Child support is also a concern in Wisconsin divorces. Child support is considered the right of the child, not the parent. The amount is determined using a set formula and payment is subject to court enforcement. Even if one party does not want the support, the court will not allow either party to waive the right to receive child support.

Work With an Experienced Fox Point Divorce Lawyer

Divorce rarely, if ever, goes as planned. However, our Fox Point divorce attorneys at MacGillis Wiemer, LLC, do our best to eliminate surprises and keep clients informed throughout every step of the process. Of course, we also strive to help divorcing parties obtain the most beneficial outcome to a difficult situation as possible. To learn more about how our team can help you through this tough time in your life, contact our law offices today.