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Divorce

Milwaukee and Waukesha Divorce Lawyers

At Brazil, Thelen, & Benske, S.C., we understand the difficulties that arise during divorce. We bring to your case both creativity to help you envision solutions that will work for your family, and flexibility in helping you to arrive at a cost-effective resolution. If you need help filing for divorce in Wisconsin, contact our Milwaukee and Waukesha divorce lawyers today.

Wisconsin Divorce Settlement Attorneys

Our attorneys are both experienced and respected in the field of family law. Both Paulette A. Brazil and Kris Thelen have 20 years of legal experience, which they bring to complex support and property division matters. Both Paulette and Kris have been named to the Wisconsin Super Lawyers list. Two of our other attorneys, Kristi Danfield and Stephanie Benske have been included in the Rising Star list in the Wisconsin Super Lawyers publication, Stephanie in 2007, 2008 and 2010 and Kristi in 2010. Both Kris Thelen and Kristi Danfield are members of the Wisconsin Association of Mediators.

Our attorneys have handled cases in state courts, courts of appeal and the Wisconsin Supreme Court. We also help clients avoid court through the use of negotiation, mediation and the collaborative law process as we handle these and other issues in divorce:

Property Division: When a marriage ends, the marital assets need to be valued and divided fairly, in a manner that considers the needs of both parties. Our firm has dealt with many types of property division disputes — from arguments over division of debts and home ownership to complex, high-asset cases.

Spousal Support: As with other aspects of a divorce settlement, determining if alimony is appropriate and calculating amounts can be complex. Our firm uses the latest technology to calculate potential spousal maintenance awards. Our analysis is enhanced by our deep understanding of Wisconsin's family laws.

Child Custody and Placement: Custody decisions must be made regarding decision-making responsibility and physical placement of the child. We help our clients develop custody and visitation schedules as painlessly as possible, always placing supreme importance on the best interests of the child.

Child Support: The visitation schedule will significantly affect the amount of child support that may be ordered. We will work with you to ensure that a child support order takes into account not only the Wisconsin child support formula but also health insurance and dependency exemptions.

Guidance Through the Wisconsin Divorce Process

Wisconsin is a no-fault divorce state. This means that you do not need to prove that one or the other spouse was at fault in causing the divorce. There is no required period of legal separation and you do not need to live apart before you can file for divorce in Wisconsin. There is a required 120-day waiting period from the time you file for divorce until you can be granted a divorce.

1. A divorce action begins with filing of a "Summons and Petition for Divorce."

2. The pleadings are served on your spouse.

3. Your spouse may file a "Response and Counter-Claim."

4. Temporary orders are entered two to six weeks after the divorce paperwork is filed. The temporary orders will provide direction for how financial and child matters will be handled during the period of the divorce proceedings, including granting of temporary spousal support, determining who will live in the home, how bills will be paid and how custody and visitation will operate.

5. A pretrial hearing is held approximately four to six months after the divorce paperwork is served. Our goal is to complete the divorce on this date. — If issues remain in dispute or information has not yet been provided, a trial date will be set.

6. If a settlement is reached before the trial date, a stipulated "Entry of Divorce" will be provided to the court.

7. If all issues are not resolved, a trial will be held before a family court judge and remaining issues will be presented to the court to decide.

Contact our Wisconsin divorce settlement attorneys today to discuss how we can help you achieve your goals with divorce, adoption or estate planning.

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What We Do Our Locations

Milwaukee Office
3821 South Howell Avenue
Milwaukee, Wisconsin 53207
Phone (414) 744-2757
Fax (414) 744-2738
Email Us | Map & Directions

Waukesha Office
1701-5M Pearl Street
Waukesha, Wisconsin 53186
Phone (262) 547-2757
Fax (262) 547-2767
Email Us | Map & Directions

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