Best Divorce Attorneys in Milwaukee, WI
Compare Top Divorce Attorneys
Lawyer Name | WI Bar Association Status | Year Admitted to WI Bar | Law School Attended | Learn More |
---|---|---|---|---|
Diane S. Diel | Active | 1976 | University of Wisconsin Law School | |
Margaret W. Hickey | Active | 1986 | University of Wisconsin Law School | |
David B. Karp | Active | 1982 | Marquette University Law School | |
Alison H.S. Krueger | Active | 1999 | University of Wisconsin Law School | |
Teri M. Nelson | Active | 1992 | University of Wisconsin Law School | |
Bruce M. Peckerman | Active | 1974 | Washington University in St. Louis School of Law | |
Carlton D. Stansbury | Active | 1990 | The University of Iowa College of Law | |
Max T. Stephenson | Active | 2013 | Marquette University Law School | |
Karen G. Zimmerman | Active | 1982 | Marquette University Law School |
Filing For Divorce in Wisconsin
Divorce is inherently stressful and emotional. Knowing some basics about the legal process makes going through it easier.
Wisconsin Divorce Requirements
To file for divorce in Wisconsin, you or your spouse must be a resident of Wisconsin for at least six months before the death of your case filing. One of you must also be a resident of at least 30 days of the county where you are filing.
Types of Divorce and Separation in Wisconsin
You should consider whether you and your spouse want a divorce, a legal separation or an annulment.
- A divorce ends a marriage. Wisconsin is a no-fault divorce state that permits divorce when a marriage is irretrievably broken, and no spouse is at fault.
- A legal separation does not end a marriage but can involve splitting assets and other agreements typically found in divorce proceedings.
- An annulment declares a marriage never legally existed and is much more rare than divorces and legal separations.
Child Custody, Support and Visitation in Wisconsin
Wisconsin law presumes that divorced parents should have joint custody of their children. That means neither parent’s legal custody rights are superior to the others, but that can change if a judge determines joint custody is not in the best interest of a child and instead awards one sole custody. If parents cannot agree on custody, the court must refer them to mediation.
The parenting plan depends on the specifics of the divorcing spouses’ situations. One parent can be awarded physical placement while the other parent is granted visitation, or both parents can be granted shared physical placement. In Wisconsin, if one parent is awarded less than 25% living placement, the court must state why limiting placement is in the child’s best interest.
A judge can also order one or both parents to pay child support, including food, shelter, clothing, transportation, personal care and recreation. The amount of money is based on a standard developed by the Wisconsin Department of Children and Families. The standard income percentage is 17% for one child, 25% for two children, 29% for three children, 31% for four children and 34% for five children.
Property Division in Wisconsin
Wisconsin law uses a community property model for property division, meaning that all property shared by a divorcing couple is presumed to be split equally between the two. An equal division can be done by awarding property to one spouse and cash to another.
A judge may divide property unequally after considering factors such as each spouse’s earning capacity and whether one has substantial assets not subject to division by the court. Each spouse also must disclose all debts so a judge can determine who is responsible for them.
Filing and Serving Your Divorce Papers
You and your divorcing spouse can sign the divorce petition together and file jointly, or one of you can file on your own. You should decide if you need a hearing regarding temporary child custody or bill payment issues, then file a summons or petition to the Clerk of Circuit Court along with a filing fee.
Your spouse must be provided copies of the filings, which you can do yourself or through a process server.
Finalizing Your Divorce
Wisconsin has a 120-day waiting period for divorce. That means you and your spouse must wait at least 120 days from the time of filing before you can finalize your divorce. If you reach an agreement on your divorce, you need to provide the court with required documents such as a marital settlement, financial disclosure forms and a finding of fact, conclusions of law and judgment of divorce so it can be finalized.
How Can an Attorney Help You?
You may be able to manage your own divorce if all you need is a simplified marriage dissolution, but anything beyond that can get complicated and should be at least discussed with a skilled divorce lawyer. Knowledgeable attorneys are better positioned to negotiate custody and asset issues, and they know how to manage the local court system.
Staying Focused
Divorce is already emotional, so having a skilled attorney by your side can help ease not only the legal process but the stress and worry that can accompany it. The best divorce lawyers in Milwaukee can negotiate with your spouse’s lawyer without letting emotion get in the way, and they can do it in a way that ensures your interests are at the forefront of the discussion.
Settlement Negotiations
If you and your spouse don’t agree on how to divide your assets, you want to find a divorce lawyer who can manage the negotiation process in a professional manner. Hiring a divorce lawyer in Milwaukee will help stop you from agreeing to something that isn’t in your best interest, and it will help you determine how to seek a settlement that’s both amicable and beneficial.
Court Appearances
The best divorce lawyers in Milwaukee are experienced with the local court system and know how to track filing deadlines and make sure you don’t miss anything that could hurt your case. They also can appear for you in court if your divorce is a contested divorce that leads to litigation, which is why you should consider selecting a divorce lawyer with courtroom experience.
How To Find the Best Divorce Lawyer in Milwaukee, WI
Not all divorce lawyers are the same. Some are experienced in different areas, and some bring a more well-rounded approach to their practice than others. Here are some things you should consider when searching for the best divorce lawyer in Milwaukee to represent you.
- Their case history: Some divorce lawyers are busier than others. Some have only been practicing a few years and may not have the experience needed to handle your situation. Consider the complexity of your situation and look for an attorney whose experience matches.
- Their cost: Not all lawyers cost the same. Ask up front about charging and billing practices before you get too far into discussions about your case, to ensure you and the lawyer you are considering are on the same page about resources and upfront costs.
- Their specialty: Milwaukee is home to divorce lawyers who specialize in complex divorces involving large real estate portfolios. Others specialize in collaborative divorces that focus on negotiation and avoid contentious courtroom litigation. Consider your needs and ask your potential divorce lawyer about their specialties before deciding who to hire.
- Their reputation: Your divorce may require negotiation, and you want to find a divorce lawyer in Milwaukee who has the relationships and reputation needed to foster goodwill and collaboration from opposing counsel. Consider asking for references and looking for client reviews and other recommendations.
Methodology
To come up with the best divorce lawyers in Milwaukee of 2025, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses and certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education and employment background
- Scholarly lectures and writings
- Awards and honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
As Hard As Divorce Might Be, An Online Divorce Service Can Make It Easy
Frequently Asked Questions (FAQs) About Milwaukee Divorce
How much should I expect to spend on a divorce?
People going through a divorce can spend only a few hundred dollars on the process, or they spend thousands of dollars on lawyers and other fees. How much you’ll spend depends on how much you and your spouse disagree and who you hire as your divorce lawyer in Milwaukee. If you need to hire a lawyer for a contested divorce, you can expect to spend several thousand dollars at a minimum.
Is there a way to make my ex-spouse pay my attorney fees?
The court can order either party to pay a reasonable amount toward the other party’s attorney fees. Usually, this occurs if one spouse has a higher income or is wealthier than the other. It can also happen if the spouse ordered to pay has done things to unnecessarily lengthen the divorce process, such as by hiding assets or filing frivolous motions.
Is there a mandatory separation period before a divorce in Wisconsin?
Either you or your spouse must have lived in Wisconsin for six months before filing for divorce, and one of you must have lived in the county you are filing for at least 30 days. Other than that, the only requirement is a 120-day waiting period before the divorce can be finalized.