Madeline Schlederer transitioned into family law after beginning her legal career in transactional intellectual property law. She was drawn to family law by a desire for more personal client interaction and the opportunity to make a direct, meaningful impact on the lives of individuals, navigating some of life’s most personal and challenging struggles.
Jean Lynch is a seasoned family law attorney with nearly 20 years of experience guiding clients through complex legal and financial matters. Licensed in Wisconsin since 2008, she brings a personalized, strategic approach to every case and has additional background supporting small business owners navigating divorce-related financial issues. She is also qualified to serve as a Guardian ad Litem, adding further depth to her family law skillset.
Read through our Wisconsin divorce and child custody articles to gain a better understanding of the road ahead. Educating yourself about the divorce process in Wisconsin will improve your ability to communicate with your divorce lawyer, which goes a long way toward helping you reach your goals in Wisconsin family court.
To begin most types of actions affecting the family, including actions for divorce in Wisconsin, legal separation, annulment, and paternity, at least one of the parties must be a resident of the state of Wisconsin for six months and the county in which the action is filed for thirty days, according to Wisconsin Statute § 767.301.
To grant a divorce, the court must find that the marriage is irretrievably broken with no reasonable prospect of reconciliation. To grant a legal separation, the court must find that the marital relationship is broken (Wisconsin. Statute. § 767.315).
In these actions, the primary issues are (1) child custody and placement, (2) property division, (3) child support, and (4) maintenance, which is spousal support.
Related Article: What to Know When Filing for Divorce
The length of time each divorce case takes depends in large part on whether the parties agree and resolve some issues without the court making the determination. In all divorce cases, the courts require a 120-day waiting period from the time the case is filed until the final judgment is ordered.
If parties are unable to reach an agreement on custody and placement, the court will appoint a guardian ad litem to represent the best interests of the minor children in the action. Any issues that are unresolved will ultimately be tried to the court, and the judge will issue an order and final judgment.
If parties reach a settlement agreement on some or all of the issues, that settlement agreement is presented to the court and incorporated into the final judgment.
So many aspects of actions affecting families depend on the facts and circumstances of each individual case. If you have specific questions, please feel free to contact us.
Often, the first and primary issue in the case is child custody and placement of the children.
Legal custody is the right and responsibility to make major decisions concerning a child. In cases in which both parents are involved in the children’s lives, the order is typically for joint custody, which gives both parties equal rights and responsibilities to make major decisions in the child’s life.
Custody may also be awarded solely to one party, entirely, or as to one issue or more. For example, all decisions regarding a child’s religion may be awarded solely to one parent, while all other major decisions remain joint decisions.
Physical placement is where the child actually spends time; it is the condition under which a parent has the right to have a child physically placed with that parent. A child is entitled to placement with both parents unless the court finds that placement with a parent would endanger the child’s health, safety, or wellbeing (Wis. Stat. § 767.41(4)).
While a court is required to issue a placement order that will maximize the amount of quality time the child spends with each parent, the court is not required to grant equal time to each parent. Placement arrangements vary greatly depending on the facts of each case.
The property division in a divorce or separation divides the assets and debts between the parties. Because Wisconsin is a marital property state, the statutory presumption is that all property, both debts and assets, acquired prior to or during the marriage is divided equally (Wis. Stat. 767.61).
The court may then deviate from an equal division after considering many factors, including the property each party brings into the marriage and the length of the marriage.
The only property not subject to division is property that one party acquired (1) by a gift from someone other than the spouse, (2) by reason of the death of another (such as inheritance, life insurance proceeds, or trust distribution) or (3) with funds acquired by either of the first two methods.
In order to keep this non-marital property exempt from the property division, the spouse must establish the following:
Related Article: Divorce Tips For Men: What To Do With The House?
The purpose of child support is to provide for the children as if the parties had not separated. The Department of Children and Families has promulgated percentage standards for determining a parent’s child support obligation (DCF 150.03).
Which percentage applies depends on the number of children, the parties’ placement arrangement, and in some cases, each parent’s income. The percentage standard is applied to the parents’ gross income.
For example, if the parties have one child and one parent has primary placement, the other parent would pay seventeen percent of his or her gross income in child support. The court may deviate from these standards after considering many case-specific factors, including the cost of child care, the cost of travel to exercise placement, or the specific needs of the child. Health insurance and medical support may also be considered.
Whether maintenance is appropriate depends on the facts of each case, and any order for maintenance is based on numerous factors, including the earning capacities of each spouse, the length of the marriage, and the parties’ age and health (Wis. Stat. 767.56).
Maintenance is ordered to further two objectives:
In determining the maintenance amount, courts frequently start by equalizing the total income, with the goal of allowing the recipient to maintain the standard of living enjoyed during the marriage.
Related Article: Will I Have To Pay Alimony?
In 1990, Joseph E. Cordell and his wife, Yvonne, founded Cordell & Cordell as a general practice law firm, divorces and family law. Our divorce attorneys understand the challenges clients face in family legal matters.
Clients who work with Cordell & Cordell appreciate our candor and ability to fight for their rights in family legal matters, including child custody and child support.
“My attorney did a fantastic job, and twice now, this firm has helped me very much. My attorney a few years ago was also amazing. This firm has taken great care of me and is worth the money. Everything was exceptional.” — Christopher K.
“I thought the whole experience was very good. I wasn’t going to initially hire an attorney. To protect myself, I hired you guys. Cassie made it a comfortable experience. The whole team was great. We got a resolution that I was comfortable with, and it went quickly and smoothly.” — Joseph C.
“[My attorney] was very attentive, and I feel he really cared about the case and not just about the money.” — Isaac H.
Cordell & Cordell is comprised of aggressive attorneys who are not afraid to take cases to court. Where necessary, we challenge the system and stand up for client’s rights in domestic and child custody matters. We aren’t shy when it comes to fighting the biased nature often found in family court, with judges, and even society.
Are you facing a child support or divorce-related issue? Or maybe you cannot afford the amount of child support you’ve been ordered to pay? Contact Cordell & Cordell to schedule a consultation at 866-323-7529 or fill out our online contact form.
Michele is an experienced attorney bringing a unique blend of legal expertise and personal commitment to her practice. Before joining our firm, she honed her bankruptcy and worker’s compensation skills, gaining valuable insights into different aspects of the legal world. The area of family law appealed to Michele because of her personal experiences, having witnessed the challenges her mother faced during her parents’ separation. “I am an eternal optimist, so I pursued this profession in order to equip others with tools and strategies to surmount this challenging period in their lives.”
As a level-headed and direct communicator, Michele understands the emotional strain and intrusiveness that can come with family law cases. Drawing from her eight years of military service, she approaches each case with a clear, strategic mindset, helping clients achieve their legal objectives and manage the emotional toll of litigation.
Licenses
Ms. MacPhail is licensed to practice in Wisconsin.
Education
Ms. MacPhail earned her Bachelor of Science in Criminology from Barry University. She earned her Juris Doctorate Degree from University of Wisconsin Law School.
Professional Experience
Prior to working for Cordell & Cordell Ms. MacPhail worked Bankruptcy and Worker’s Compensation.
Associations
In a judgment of divorce, legal separation, or annulment, the court may grant an order requiring maintenance payments to either party for a limited or indefinite length of time. Spousal maintenance is ordered to further two main objectives: fairness and support.
The fairness objective requires the court to ensure a fair and equitable financial arrangement between the parties in each individual case in accordance with Wisconsin alimony laws.
The maintenance objective recognizes the obligation to support a spouse in a manner to which that spouse was accustomed during the marriage. The support needed is measured by the parties’ lifestyle immediately before the divorce and the lifestyle they could anticipate if they stay married.
In determining whether and what amount of maintenance should be awarded, the court is required to consider:
In Wisconsin, the court may not consider marital misconduct as a relevant factor in setting maintenance payments.
In Wisconsin, either party can request alimony, or a court may order it to be paid. However, the state offers another option, and that is to come to an agreement with your ex-spouse on payments and end dates. This is called limited-term alimony.
The court has broad discretion in setting the amount of maintenance. No set guidelines to determine the amount have been promulgated, and as a result, maintenance orders vary significantly by county and judge during hearings for divorce cases.
Appellate courts have approved the trial court practice of beginning the maintenance evaluation with the proposition that the recipient spouse is entitled to 50 percent of the total earnings of both parties.
In practice, many courts utilize spreadsheets to compare the parties’ monthly disposable incomes after considering both parties’ obligations to support their children and tax consequences. Pursuant to the Internal Revenue Code, maintenance payments are typically taxable to the recipient and are no longer deductible to the payor.
Courts prefer a set amount of maintenance, but the award may also be a percentage of the payor’s income in circumstances in which the payor’s income is unpredictable.
The term of a maintenance order may vary for any number of reasons that are appropriate in a specific case. Most orders state that maintenance shall cease and be waived upon the death of either party or the remarriage of the receiving spouse.
Many parties also stipulate that maintenance will cease if the recipient cohabitates with another person or is in a “marriage-like” relationship. Some orders specify that the order shall cease when the recipient turns 65.
Some orders are for a set time, with the goal that at the conclusion of that time frame, the recipient spouse would be self-supporting.
Maintenance may be the result of a stipulation or a contested hearing. A court may order a maintenance award for a fixed duration, or it may be indefinite.
Either party can seek to modify a support order for maintenance, but they must take steps to do so.
Other scenarios may apply:
Cordell & Cordell was founded in 1990 as a law firm with a focus on client’s divorce and family law. We’re committed to representing, advocating, and standing up for client’s rights.
Our law firm believes in providing diligent and aggressive legal representation. If you’re being treated unfairly, we can take your case straight to court to resolve your domestic issue. Our clients know we will do all we can to protect them.
“My attorneys have been great over the 4 years of my case. The support I have received from the firm over the duration of my case has been outstanding. My attorneys treated me as a person and not just as another case. I felt they were concerned about the issues I was personally facing and that meant a lot to me. Thank you! Because of this, I will definitely recommend Cordell & Cordell to anyone I know going through a similar situation.” — Brian H.
“Communication was really, really, really, good. I appreciated how I was kept informed throughout. They were always checking in on me to see if I had any questions or needed anything. Everything was great.” — Benjamin C.
“His ability for depositions was great. He’s really good with questions and keeping things on track and organized mentally. He’s a great attorney.” — Jonathan U.
Cordell & Cordell attorneys truly understand the obstacles clients face in divorce issues and the challenges they often must overcome, such as making support payments or getting financial support. Our job is to advocate for you and protect your rights.
To schedule a consultation with one of our family law attorneys, call us at 866-323-7529 or fill out our online contact form, and a member of our legal team will be in touch.
Wisconsin divorce lawyers provide answers to frequently asked questions about divorce in Wisconsin and Wisconsin divorce laws.
In Wisconsin, you can file a motion to modify child support if you can establish a substantial change of circumstances. The courts consider a significant change in your income, the recipient’s income, or the needs of the child to be a substantial change.
The statutes also provide that you can motion to modify child support if it is has been more than 33 months since the date of the last order.
Child support is based off the placement you have with the children. If you have less than 25% of the time with your children, then child support will be based on a straight percentage of your gross income according to how many children you have:
If you have more than 25% placement of your children, then the amount of support is determined based on a formula established by the state that considers both your incomes and the number of overnights you have with the children.
The court can deviate upward or downward from the state percentage guidelines for child support, but this is done on a case-by-case basis and must be specifically laid out by the commissioner or judge when making the deviation.
Wisconsin child custody attorneys answer frequently asked questions about child custody laws in Wisconsin and how custody is decided.
In Wisconsin, custody refers to decision-making authority, and it is most common for custody to be held jointly between the parents. Pursuant to statute, the court is required to presume that joint legal custody is in the best interest of the children.
It is in the present best interest of the minor children of the marriage for the parents to have joint legal custody if both parents are fit and proper persons to have joint legal custody.
Placement means the right of a parent to have the child physically placed with that party and has the right and responsibility to make, during that placement, routine daily decisions regarding the child’s care, consistent with major decisions made under the custody designation. The placement order addresses where and with whom the child actually spends time.
Under most circumstances, when a court sets a parenting schedule in a placement order, it is required to set a schedule that allows the children to have regularly occurring, meaningful periods of physical placement with each parent that maximizes the amount of time the child may spend with each parent.
In Wisconsin, joint custody means the condition under which both parties share legal custody and where neither parent’s legal custody rights are superior. The parties are required to consult and attempt to reach agreement with respect to major decisions affecting the lives of the minor children.
Each of the parties is required to provide advance notice to the other regarding these major decisions so as to facilitate co-parenting communication, cooperation, and mediation if necessary.
Sole legal custody is the condition under which one party has legal custody, or sole authority, to make decisions.
Alternatively, the parents can be awarded joint legal custody, but one parent can be awarded decision-making authority as to one or more areas of joint custody, to allow a decision to be made if the parties cannot reach an agreement, subject to review by the court.
This designation to one parent is often done if the parents have difficulty communicating, have different beliefs governing an issue, or if one parent is a significant distance from the other.
The child support order, and whether one should be issued, depends on the actual placement schedule and each parent’s income.
In Wisconsin, the Department of Children and Families promulgates percentage standards for child support. The standard child support order for one child is 17% of a parent’s gross income if that parent has placement less than 25% of the time, specifically less than 92 overnights per year.
If the parents have a shared placement schedule, the court utilizes a shared placement formula. The shared-placement formula assumes that both parents assume the child’s basic support costs in proportion to the time that the parent has placement of the child. The steps to calculate the potential child support award follow:
No. Failure to pay child support is not a basis for denying another parent their placement time.
In Wisconsin, the child must be emancipated in order to independently decide where he or she wants to live; this usually occurs when the child turns 18 or graduates from high school.
The wishes of the child are considered by the court at any age, but these wishes are communicated through the child’s Guardian ad Litem. The Guardian ad Litem will also make a recommendation to the court that he or she believes to be in the child’s best interest. This recommendation may or may not be consistent with the child’s wishes.
Grandparents have custody and visitation rights, but they are not usually a consideration in most divorce cases. In order to award custody to a relative other than the parents, the court must find that neither parent is able to care for the child adequately or that neither parent is fit and proper to have the care and custody of the child.
In general, courts do not award placement time to grandparents if the case involves two parents; it is up to one of the parents to share their time with the grandparents. Courts have awarded placement time with an absent parent’s family members.
A parenting plan is a document that sets forth what one parent is seeking from the court. It provides information about what custody and placement orders the parent is seeking, and follows up with more specific questions such as where the parent currently lives, where he or she plans to live, what his or her work hours are, where they plan to have the children attend school, what child care options they have, and how the child will communicate with the other parent.
A parenting plan is required to be filed with the court 60 days after mediation is completed, if mediation was not successful, or 60 days after the court has waived mediation.
The final orders on custody and placement, whether they are by agreement or determined by the court following a hearing, will be included and adopted in to the judgment of divorce.
Temporary orders are issued at a first hearing before a family court commissioner. The commissioner will want to know what issues are contested and will likely accept agreements that the parties have. If parents do not agree on custody and placement, the commissioner will likely order the parties to mediation and may issue temporary orders about what the placement schedule should be while mediation is pending, depending on the circumstances of the case.
The court will also issue temporary orders on other issues depending on the circumstances of the case. These orders may include allocating use of the residence, use of bank accounts, use of vehicles, and child support or maintenance orders.
The custody and placement order will be finalized either when the parties reach an agreement or following a trial. Prior to trial, the Guardian ad Litem will make a recommendation. In some counties, the court may also order a custody study by a social worker or other evaluations to assist in making the determination.
The standard to modify custody and placement orders is different depending on whether two years have elapsed from the entry of the judgment. The first two years following the divorce judgment is colloquially referred to as a “cooling off period.” As a result, it is very difficult to modify the placement schedule other than by stipulation within two years of the divorce.
In order to seek a modification, the moving parent must show “by substantial evidence that the modification is necessary because the current conditions are physically or emotionally harmful to the best interests of the child.”
The standard for modification if more than two years have expired from the final order is significantly different. The threshold question for the court to determine is whether the moving parent has shown that there has been a substantial change in circumstances since the entry of the last order affecting physical placement. If that burden is met, the court then proceeds to consider whether any modification would be in the best interest of the child.
When parents cannot come to an agreement on custody and placement, the court will likely first order the parties to attend mediation. If mediation is unsuccessful, the court will appoint a Guardian ad Litem to represent the children’s best interest. The court may also require a custody study or other evaluations to be completed for the court’s review in making a determination.
An ex parte order is an order issued while only one party is present. The other party has not been heard by the court on the issue.
Custody and placement are determined by the agreement of parents or by court order. The court will issue an order following a trial or evidentiary hearing on the matter. If the court is determining custody and placement, it is required to consider the following factors:
Custody and placement orders are very fact specific because the court must consider many factors.
In Wisconsin, visitation, or physical placement, means the right of a parent to have the child physically placed with that party. That parent also has the right and responsibility to make, during that placement, routine daily decisions regarding the child’s care, consistent with major decisions made under the custody designation. The placement order addresses where and with whom the child actually spends time.
A court can order supervised placement if a reason for the supervision is found by the court, which is usually to alleviate a safety concern about the children. The supervised placement can be supervised by a mutually agreeable person or at a facility.
A court is required to order placement times with each parent unless it finds that placement with a parent would be harmful to the child.
Each custody trial is very different, and many steps must be completed prior to a trial. These steps may include mediation, a custody evaluation, and the appointment, investigation, and recommendation of a Guardian ad Litem. You should know what your burden of proof is and how you are going to meet that burden in an appropriate and effective manner.
Evidence will need to be presented at trial or at motion hearings. Some of this evidence may be collected by a Guardian ad Litem or social worker, depending on what is involved in your case. However, you should not rely on other individuals to present evidence.
In terms of gathering evidence, you have the right to gather evidence through formal and informal discovery. Discovery should be conducted appropriately to gather the necessary information.
The court may appoint a Guardian ad Litem or require a custody evaluation. If these orders are made in your case, you should cooperate to further your case.
No. Children are not required to appear in court; in fact, they are only allowed to appear in very rare and extenuating circumstances. Permission must be granted from the court before a child would be allowed to appear.
Instead the Guardian ad Litem will speak with the child and relay what the child’s wishes are in addition to what the Guardian ad Litem recommends is in the child’s best interest.
The Parental Kidnapping Prevention Act is a federal law that requires every state to enforce any child custody determination made in another state. It also prohibits a state from modifying any child custody determination unless it has jurisdiction and the state that issued the previous order no longer has jurisdiction.
The steps that you need to take depend on where you are at procedurally in your case. If no case has been filed yet, you must act quickly to initiate an action and file a motion to get the situation addressed.
If a divorce is currently pending, your wife is prohibited from establishing the children’s residence out of state without your agreement or a determination by the court that the move is in your children’s best interest.
If the divorce was previously granted, the judgment states how you must object to the move. Generally, your wife must give notice of her intent to move, and you must respond with an objection, and file that objection with the court. If that procedure is followed timely, she cannot move until the court makes a determination that a move is in the child’s interest.
In order to change a person’s name legally, a case must be brought in court. Additionally, any change for a minor is a custody decision that must be agreed to if the court has ordered joint custody.
In Wisconsin, child support is set after the placement schedule is determined. The Department of Children and Families has promulgated percentage guidelines. The courts are required to follow these guidelines in issuing an order, or state the reason for deviating from the guidelines. The guidelines are tailored to meet specific circumstances, such as a parent with high income, or situations where one child may have a different placement schedule that then other children.
In general, if that parent has placement less than 25% of the time, specifically less than 92 overnights per year, that parent will pay a percentage of his or her gross income to the other parent. That percentage is: 17% for one child, 25% for two children, 29% for three children, 31% for four children, and 34% for five or more children.
If the parents have a shared placement schedule, the court utilizes a shared placement formula. The shared placement formula assumes that both parents assume the child’s basic support costs in proportion to the time that the parent has placement of the child.
Each parent’s gross monthly income is multiplied by the appropriate percentage standard, 17% for one child.
Each amount is then multiplied by 150% to account for household maintenance expenditures duplicated by both parents such as a bedroom, clothes, and personal items.
Similar to states and cities across the nation, fathers rights in Milwaukee, Wisconsin, are under attack. This bias against dads rights is on full display simply by reading the statutes, especially Section IX of the Wisconsin Family Code dealing with paternity issues.
The entire section entirely ignores dads rights starting with the presumption that the mother is deemed the primary caretaker. Milwaukee fathers rights are routinely marginalized throughout the section, even requiring the father to reimburse Wisconsin for birthing expenses if the mother was on state assistance when the child was born. The statute does not require reimbursement from the child’s mother, though.
In order to help protect dads rights in Milwaukee, Cordell & Cordell’s divorce lawyers for men are committed to passionately representing fathers rights in order to maximize their involvement in their children’s lives.
The paternity laws in Milwaukee are too gender biased not to have a partner men can count on. Get help with dads rights in Wisconsin by arranging a meeting with a Cordell and Cordell mens divorce attorney, please call 1-866-DADS-LAW.
It’s an uphill battle when fighting for fathers rights in Madison, Wisconsin. Dads rights discrimination is most common in paternity cases and divorces with very young children.
There are psychologists who have stated toddlers need one primary parent for their care in order to form secure attachments. This primary parent is almost always the mother.
In paternity cases, it is essentially by default that the mother is given custody and fathers rights are ignored. Wisconsin judges will not issue a court order until after the child is born, and by that time, the mother is already established as the primary caretaker even if it is only a matter of weeks or months.
The courts are very reluctant to disrupt that attachment even if it marginalizes dads rights. This means a court order is set when a child is very young that can be difficult to change as the child ages.
The child custody laws in Madison, Wisconsin, are not father-friendly. That’s why you need the fathers rights attorneys at Cordell & Cordell to maximize your involvement in your child’s life.
Get help with dads rights in Wisconsin by arranging a meeting with a Cordell & Cordell men’s divorce attorney, please call 1-866-DADS-LAW.
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