Wisconsin Family Law Insider

When addiction is part of a Wisconsin divorce, two concerns drive every decision: whether the children are safe, and whether the addiction has already caused financial harm that needs to be addressed in the settlement. Wisconsin law provides specific tools for both — and most people going through this situation have never heard of them. In this episode, Attorney Abigail Henderson of Sterling Lawye...

If you believe your child is in danger right now, your instinct is to ask the court for an emergency custody order immediately. In Wisconsin, that instinct can backfire. Not every custody concern meets the legal threshold for an emergency, and filing a motion for something the court doesn't consider one can damage your credibility for the rest of your case. In this episode, we breaks down wha...

Most parents assume that once two years pass, they can simply ask the court to change custody. It's not that simple. Wisconsin uses a two-prong test: first, you prove a substantial change in circumstances since the original order. Then you prove the change you're requesting is in the child's best interest. Filing without meeting both prongs wastes time, money, and credibility with t...

You're on the birth certificate. You've been there since day one. Everyone knows you're the child's father. So you have custody rights... right?  In Wisconsin, the answer may be no. Being the biological father and being the legal father are two different things. Until paternity is legally established, an unmarried father may have zero enforceable rights to custody or placement....

Can you change custody and placement orders after your Wisconsin divorce or paternity case is final?  In this episode, Managing Partner Holly Mullin and Partner Attorney Michelle Gordon from Sterling Lawyers break down how Wisconsin handles custody and placement modifications after the original orders are entered.  They cover the difference between custody and placement, the two-year rule that lim...

Most parents think custody problems start with a major violation. What actually sends people back to court is a pattern of small decisions that seemed reasonable at the time — until they weren't. Senior associate attorney Jodi Chung of Sterling Lawyers walks through the co-parenting mistakes she sees most often in Wisconsin custody cases and what those mistakes actually cost parents in court....

Wisconsin's 50/50 presumption sounds like a clear rule — until you're facing a divorce where the assets aren't clean, the values are disputed, and the process is nothing like what you expected. Attorney Jeff Morrell of Sterling Lawyers walks through what actually happens inside a complex Wisconsin property division, from the first inventory of assets to the post-judgment steps most...

For most divorcing couples in Wisconsin, the marital home is the largest asset in the marriage — and one of the most emotionally charged decisions in the entire case. Whether to sell it, who keeps it, and how the numbers actually work are questions that come up in nearly every divorce involving real estate. In this episode, Sterling Lawyers Managing Partner Holly Mullen sits down with attorney Cra...

Most people going into a Wisconsin divorce believe the assets they brought in are protected. What happens to those assets during the marriage is often a different story. In this episode, Jeff Hughes, lead attorney and co-founder of Sterling Lawyers, breaks down how property division in Wisconsin actually works — the marital property presumption, what qualifies as non-marital, how commingling chang...

Wisconsin alimony rarely comes with a clear answer on how long it lasts, and that uncertainty makes it hard to plan for anything that comes after the divorce. In this episode, Jeff Hughes, lead attorney and co-founder of Sterling Lawyers, walks through exactly how Wisconsin alimony works over time — how duration is set at divorce, why longer marriages produce a very different picture, what it take...

What actually goes into financial disclosure during a Wisconsin divorce? And what happens when you get it wrong? Attorney Jeff Hughes of Sterling Lawyers breaks down the full financial disclosure process required in Wisconsin divorces, from the documents you need to gather to the consequences of leaving anything out. In this episode, you'll learn about: Why full financial disclosure is mandat...

Military divorce in Wisconsin plays by a different set of rules — and the ones most people miss don't show up until years later. Attorney Jeff Hughes of Sterling Law Offices walks through the federal rules that layer on top of Wisconsin divorce law and change what's actually enforceable. In this episode, you'll learn about: How federal law interacts with Wisconsin divorce rules Wher...

Thinking legal separation is just a lighter version of divorce? That assumption leads a lot of Wisconsin couples to a decision they have to undo later. Legal separation and divorce in Wisconsin go through nearly the same court process — property division, parenting time, child support, spousal maintenance. Legally, though, they lead to completely different outcomes. Attorney Jeff Hughes of Sterlin...

Waiting to file for divorce because you haven't moved out yet? That delay is based on a requirement Wisconsin law never actually imposed. Wisconsin has no separation requirement before filing for divorce. Jeff Hughes, attorney and founder at Sterling Law Offices, breaks down where this myth comes from, what the law actually says, and what couples lose by waiting months — or longer — for somet...

Filing Wisconsin divorce papers in the wrong county creates jurisdiction problems forcing you to start over or splitting divorce and custody decisions across different states. Wisconsin divorce filing requires six months state residency and 30 days county residency for at least one spouse, with venue choice mattering when spouses live in different counties due to court scheduling, procedures, and...

Your Wisconsin ex-spouse doubled their income but you waited six months to file for child support modification and now the court won't retroactively adjust the underpayment you're owed. Wisconsin child support modification requires proving substantial change in circumstances including job loss, income changes, disability, child aging out, or waiting 33 months for automatic review, with c...

You're filing for Wisconsin divorce expecting the 120-day minimum but worried your case will drag on for years due to court backlogs and spouse delays. Wisconsin's mandatory 120-day waiting period can't be shortened, but couples can avoid extensions through joint petitions with divorce by affidavit under Act 40, mediation for partial disagreements, or collaborative divorce for compl...

Divorcing over 50 in Wisconsin means facing costs from $4,000 for uncontested cases to over $100,000 for highly contested battles over retirement accounts, businesses, and property accumulated over decades. Wisconsin gray divorce expenses including QDROs, business valuations, maintenance litigation, and post-divorce health insurance costs compound quickly when couples choose litigation over mediat...

You're dividing Wisconsin retirement accounts in your gray divorce by withdrawing your half directly and now facing massive tax bills and early withdrawal penalties you didn't expect. Wisconsin retirement division requires QDROs for 401(k)s and pensions to avoid taxes and penalties, while IRAs need direct rollovers specified in divorce judgments, with each account type following differen...

Your Wisconsin custody order isn't working anymore and you want to modify it, but the court won't reopen your case unless you meet strict legal standards proving substantial change in circumstances. Wisconsin custody modification requires either two years passing since the final order with substantial change, child endangerment within two years, or mutual agreement between parents, with...

Wisconsin mediation failed and the court appointed a Guardian ad Litem who's now investigating your parenting, interviewing your children, and making custody recommendations you fear will determine the outcome. Guardian ad Litems are specially trained family law attorneys representing the child's best interests through comprehensive investigations including parent interviews, record revi...

You sacrificed your Wisconsin career to raise children and support your spouse's advancement, now you're worried the court will ignore your contributions and split everything 50/50 regardless. Wisconsin property division starts with equal presumption but judges can deviate based on contributions to the marriage and spouse's earning power, assigning economic value to homemaking, chil...

You lost your Wisconsin job but waited months to file for maintenance modification and now owe thousands in back support the court won't reduce retroactively. Wisconsin maintenance modification requires immediate filing with documented proof of substantial income changes including pay stubs, termination letters, and bank statements. Sterling Lawyers Lead Attorney and CEO Jeff Hughes reveals h...

You're ready to move forward with your Wisconsin divorce and expect it to be done in a few months, but most divorces take six months to a year or longer. Sterling Lawyers Lead Attorney and CEO Jeff Hughes reveals what affects Wisconsin divorce timelines and the delays most people don't see coming. In this episode, you'll learn about: The 120-day mandatory waiting period starting fro...

You're using online Wisconsin alimony calculators expecting accurate payment estimates, but those calculators use formulas from other states while Wisconsin judges determine spousal maintenance case by case without any standard formula. Wisconsin alimony decisions under Statute 767.56 weigh over ten factors including marriage length, age, health, career sacrifices, earning capacity, and time...