Family Law
Wisconsin families involved in divorce, child custody, child support, and marital property disputes need both personal and professional support through times that are highly emotional, but require common-sense and, in cases involving children, an appreciation of the best interests of children caught in the middle of a volatile situation.
With offices in Germantown and Slinger, the lawyers at Vanden Heuvel & Dineen serve clients throughout the counties of Washington, Ozaukee, Waukesha, Fond du Lac and Dodge. We also have an office in Ephraim from which we serve clients throughout Door County. Whatever the situation we provide clients with the answers to these and other family law concerns in a timely, cost-effective manner. Our family law areas of practice include:
- Child support
- Child custody and physical placement
- Collaborative family law
- Divorce Wisconsin Divorce FAQs
- Domestic abuse and domestic violence
- Marital property
- Mediation
- Spousal maintenance
Child Support
All states, including Wisconsin, have guidelines by which courts determine child support. Child support guidelines were originally established because variations in the amounts of support set in similar circumstances were considered to be too wide and because child support, in many cases, was considered to be too low. The Wisconsin child support guidelines are formulas that consider the income of the parties, the number of children, and a variety of other factors. Courts plug numbers into the formula and come up with an amount of support that should be paid for the child or children. Issues that arise in regards to child support include:
- Changes in circumstances
- Earning capacity and imputed income
- High-income payers
- Low-income payers
- Overtime
- Serial family payers
- Shared placement parents
The child support guidelines are not the exact method of calculating child support in every situation, and parties can argue that because of special circumstances, a court should order more or less child support than that specified by the Wisconsin child support guidelines. New rules recently went into effect in Wisconsin which represent a significant change in the child support guidelines. If you have questions or concerns about these changes or anything else in regards to child support in Wisconsin, please contact the lawyers at Vanden Heuvel & Dineen today.
Child Custody and Physical Placement
Wisconsin courts generally apply a "best interests of the child" standard when determining how custody should be awarded. Common custody and placement issues that often arise in a legal separation, divorce, or post-judgment motion in Wisconsin include:
- Contempt
- Grandparent visitation
- Joint custody
- Legal custody
- Mediation
- Motions to enforce placement
- Parenting plans
- Paternity
- Physical placement or visitation
- Sole custody
- Termination of parental rights
- Uniform Child Custody Jurisdiction Act (UCCJA) litigation
If you have questions or concerns about child custody and physical placement in Wisconsin please contact the lawyers at Vanden Heuvel & Dineen today.
Collaborative Family Law
Collaborative family law is a relatively new process in Wisconsin that is essentially a joint effort by the parties and their attorneys to work out the existing issues outside of the court system. Collaborative family law and divorce addresses the need for peaceful resolution of child custody, placement, marital property, and spousal maintenance issues through an out-of-court, problem-solving approach. Collaborative family law is voluntary and has many of the same benefits as mediation, particularly in terms of saving both parties time and attorney's fees.
Utilizing collaborative family law in a divorce action involves a commitment to settling matters without resort to litigation or threats of litigation. The lawyers chosen by the parties are retained to help them reach a settlement and act more as advisors than as lead negotiators or litigators. The object is for clients to keep control of the process with the lawyers present as resources. If there is no settlement then the parties must retain different lawyers to handle further litigation. If you have questions or concerns about collaborative family law in Wisconsin and whether it is right for you, please contact the lawyers at Vanden Heuvel & Dineen today.
Divorce
Divorce is the legal process by which a marriage is dissolved in Wisconsin. In a divorce proceeding a marriage is legally terminated and the underlying issues resolved by agreement or by the court. Typical issues in a divorce include:
- Child support
- Child custody and physical placement
- Marital property
- Spousal maintenance
Domestic Abuse and Domestic Violence
Domestic abuse and domestic violence involves physical, sexual, psychological, and emotional abuse. Without intervention, domestic violence can become more destructive over time and can become lethal. Examples of domestic violence involving a family or household member include:
- Assault and battery
- Domestic abuse injunctions
- Harassment injunctions
- Kidnapping
- No-contact orders
- Sexual assault
- Stalking
- Temporary domestic abuse and harassment restraining orders
- Violation of a domestic violence protective order
Attorney Linda S. Vanden Heuvel worked with the Task Force on Battered Women and helped to develop a "Handbook for Clients." If you have questions or concerns about domestic abuse or domestic violence in Wisconsin please contact the lawyers at Vanden Heuvel & Dineen today.
Marital Property
Dividing a marital estate at the time of a divorce has become an increasingly complex process in Wisconsin. Divorce is no longer simply a matter of identifying and dividing readily identifiable assets and debts, such as the marital home, a bank account, or a car. Family law client today require the legal knowledge and expertise necessary to evaluate issues relating to:
- Business interests and business valuation
- Estate planning analysis of wills, trusts, and partnership interests
- High-asset divorces
- Identification and valuation of executive compensation packages
- Identification and valuation of pension plans and stock options
- Qualified Domestic Relations Orders (QDROs)
- Retirement account analysis
When dividing marital assets and debts courts in Wisconsin consider:
- Assets and debts of the parties
- Contribution to the education or to the earning power of the other spouse
- Contribution to the value of the marital property
- Financial needs and liabilities of the parties
- Health of the parties
- Length of the marriage
- Premarital property and postmarital property contributions
- Tax consequences
If you have questions or concerns about marital property, marital assets, or marital debts in Wisconsin please contact the lawyers at Vanden Heuvel & Dineen today.
Mediation
Most family law disputes in Wisconsin, including child custody and physical placement, child support, marital property division, and spousal maintenance, can be resolved without going to court. As court dockets have become more congested in Wisconsin there has been a greater focus on Alternative Dispute Resolution (ADR) methods such as mediation. Mediation provides a viable option for families who prefer to stay out of court and has many potential advantages that include:
- Control over the results
- Efficient and timely resolution of disputes
- Flexibility with rules and procedures
- Less emotional stress
- Reduced cost
If you have questions or concerns about mediation or other forms of ADR in Wisconsin please contact the lawyers at Vanden Heuvel & Dineen today.
Spousal Maintenance
The amount and duration of spousal maintenance, or what is commonly referred to as alimony or spousal support, depends on several factors under Wisconsin law including:
- The length of the marriage
- The age and physical and emotional health of each spouse
- Marital property division
- The ability of each spouse to be self-supporting
- The educational level of each spouse
- Tax consequences
- The earning capacity and income each spouse
- The standard of living the parties enjoyed during the marriage
- Premarital and prenuptial agreements
If you have questions or concerns about alimony, spousal maintenance, or spousal support in Wisconsin please contact the lawyers at Vanden Heuvel & Dineen today.
