Call Us Today 608-729-3590
Recent Blog Posts
Why Is My Spouse Fighting Me Over the House in Our Wisconsin Divorce?
If you and your spouse own a home and cannot agree on what happens to it in your divorce, a judge may end up making that call for you. Wisconsin law has a clear framework for how courts divide the marital home, but when spouses dig in and refuse to settle, the process can get costly and unpredictable. If you are heading into a contested property dispute in 2026, understanding how the law works before you get to court can put you in a much stronger position. A Madison, WI property division attorney who fights hard to win your case can walk you through your options.
What Is Wisconsin's Starting Point for Dividing a Marital Home in Divorce?
Wisconsin is one of nine community property states in the country. Under Wisconsin Statute § 767.61, property acquired during the marriage belongs equally to both spouses. That includes your home. The law's starting point is a 50/50 split, regardless of whose name is on the deed or who made more of the mortgage payments.
What Happens When Unmarried Parents Split Up in Wisconsin?
If you and your partner were never married and have a child, breaking up is more complicated than just going your separate ways. There is no divorce process to follow, no automatic legal framework, and no court order already in place. You have to build that structure from scratch, and in 2026, more Wisconsin families are doing exactly that. If you are facing a custody case, a Madison, WI family law attorney can fight aggressively for what’s best for you and your child.
What Are the Parental Rights of Unmarried Parents in Wisconsin?
Under Wisconsin law, when parents are unmarried, the mother automatically has sole legal custody of the child unless a court order says otherwise. That means the mother makes all major decisions about the child's life, including school, healthcare, and religion, without needing the father's input.
When Can I Request a Child Custody Modification in Wisconsin?
A child custody order is built around what is best for your child right now. However, jobs change, children's needs evolve, and a placement schedule that worked two years ago may not reflect your family's life today. Wisconsin law gives parents a real path to go back to court and ask for a new arrangement. If your situation has changed and you need a custody modification in 2026, you may have stronger grounds than you think. A Madison, WI child custody attorney can review your case and help you fight for a better order.
What Does Wisconsin Law Say About Modifying a Custody Order?
Wisconsin's rules for changing a custody or placement order are set out in Wisconsin Statute §767.451. The rules depend on how long it has been since the original order was entered.
If it has been less than two years, the standard is strict. You have to show strong evidence that the current arrangement is harming your child, either physically or emotionally, or that there has been a serious change that affects your child’s well-being. Feeling unhappy with the schedule is not enough, and the court needs proof of real, documented harm.
Is Your Divorce Attorney Aggressive Enough?
Divorce is not a situation where you want an attorney who’s just going to go through the motions. If your spouse has a lawyer fighting hard for them, you need someone fighting just as hard, or harder, for you. For anyone navigating divorce in 2026, the attorney you choose can make or break the outcome. If you think your attorney could be doing a better job, our Dane County divorce attorney can help you decide if you need stronger legal representation in your divorce case.
What Does It Mean for a Divorce Attorney to Be "Aggressive"?
People throw the word "aggressive" around a lot. "Aggressive" doesn’t mean being bullish or mean. An aggressive attorney isn’t going to grab your deadbeat spouse’s lapels and give them a good shake down (as satisfying as that might be). Being aggressive means not backing down until their client has been justly served. An aggressive lawyer will work relentlessly to protect your interests.
How To Explain Divorce to Children
You’ve made the hard decision. You’re going to get divorced. Now you’re wondering how on earth you’re going to break the news to your kids.
How you tell your kids about your divorce will depend on their age and maturity, your reasons for divorce, and whether you and your spouse can get on the same page. The truth is that there are no magic tricks to make this easy for most families. But there are things you can do to make it easier.
A Dane County divorce attorney can help you through the entire divorce process in 2026, from ideas about how to talk to your kids to getting the final paperwork filed.
Can I Take My Kids Out of State if My Spouse and I Are Legally Separated?
You and your spouse are legally separated, and you want to take the kids on a trip. Or maybe you’re thinking it’s finally time to up and move. In either case, you need to know what you’re legally allowed or not allowed to do. Getting this wrong can land you in contempt of court and hurt your position in your separation or eventual divorce.
If you have questions about your specific situation in 2026, a Madison family law attorney can help you figure out exactly where you stand.
Does Filing for Legal Separation Restrict Where I Can Take My Kids?
There is no statute that automatically bans all out-of-state travel with your kids when you’ve filed for a separation or divorce. Two things control what you can and cannot do during a legal separation: any temporary placement order the court has issued, and Wisconsin's relocation statute.
What Are Residency Requirements for a Wisconsin Child Custody Case?
There are a lot of rules that must be followed during divorce proceedings, including filing in the right state. If custody of your kids is involved, things can feel even more overwhelming, especially if you are not sure whether Wisconsin courts even have the power to decide your case. Before a court can make any rulings about your child, certain residency rules must be met. A Rock County child custody attorney can walk you through where you stand and help you fight for the outcome you and your child deserve.
How Do I Know If Wisconsin Is the State That Will Rule in My Case?
Wisconsin follows the Uniform Child Custody Jurisdiction and Enforcement Act, known as the UCCJEA. This law from Wisconsin Statutes Chapter 822 sets the rules about which state has the legal authority to handle a custody case. Most U.S. states have adopted the UCCJEA, which helps avoid two states fighting over the same custody case.
Should I Let My Spouse Off the Hook for Child Support if I Get the Kids?
Everyone has priorities when they divorce. They might not care very much what happens to some assets if they get others. If kids are involved, one parent might only be concerned about getting as much parenting time as possible. If your ex knows you care about this, they might try to drive a deal by saying they will not fight you for custody if you agree not to make them pay child support.
This might sound like a simple solution, but it is almost always a bad idea that will hurt you and your children in the years ahead. Before you agree to anything, talk to a Dane County child support lawyer to understand what you are giving up and what Wisconsin law says in 2026 about child support.
Why Do Courts Order Child Support in Wisconsin?
Wisconsin law says both parents are legally responsible for supporting their children financially. It does not matter who has custody. This is not optional money that parents can choose to pay or not pay based on what they want out of the divorce settlement.
Why Can't My Spouse and I Agree on Anything in Our Divorce?
If you are in the middle of a divorce where you and your spouse are arguing over every detail, you may feel frustrated, exhausted, and worried about how much longer it will take. These divorces are called "high conflict" in the legal world, and they are some of the hardest situations in family law. If you are facing a high-conflict divorce in 2026, our Rock County family law attorney can help you understand what is causing the conflict and find solutions.
What Are the Signs of High-Conflict Divorce?
Not all divorces with disagreements are high-conflict. Research shows that only about 10 to 20 percent of all divorces are considered high-conflict cases. A high-conflict divorce has certain traits that make it different from a divorce where couples simply cannot agree on a few things.
-
Communication Breakdown. Simple questions about schedules or finances turn into arguments in high-conflict divorces. Studies show that couples in high-conflict divorces often use things like criticism and defensiveness when talking to each other.
How to Defend Against Your Ex’s Relocation Request
Finding out your ex wants to move away with your child can feel like the ground is dropping out from under you. One day, you are splitting weekends and sharing school pickups. The next, you are facing the possibility of only seeing your kid during summer breaks and holidays.
You do not have to sit back and accept this outcome. Wisconsin law gives you the right to fight back against a relocation request, and with the right approach, you have a good chance of winning.
When your ex files to relocate with your child in 2026, the court will not automatically approve the move. A judge must decide whether the relocation serves your child's best interests. Your job is to show the court exactly why staying put protects your child better than moving away, and our Madison child custody attorney can help.
From our office in Madison, Wisconsin, we provide representation for clients in communities throughout Dane County, Green County, Columbia County, Sauk County, Dodge County, Jefferson County, and Rock County, including Middleton, Waunakee, DeForest, Sun Prairie, Cottage Grove, Monona, McFarland, Fitchburg, Stoughton, Oregon, Verona, Mt. Horeb, Monroe, Portage, Baraboo, Reedsburg, Beaver Dam, Waupun, Watertown, Jefferson, Fort Atkinson, Whitewater, Janesville, and Beloit.
Results listed are not a guarantee or indication of future case results.
2810 Crossroads Dr., #4000, Madison, WI 53718
608-729-3590
