Divorce
Get the Legal Guidance You Need From a Trusted Divorce Attorney in South-Eastern Wisconsin
Going through a divorce is never easy, but having the right legal guidance can make all the difference. At Gerard Law Firm, our legal team helps individuals in Wisconsin navigate the divorce process, protect their rights, and secure fair outcomes in property division, child custody, and support agreements.
Why Choose Gerard Law?
Divorce is a deeply personal and life-changing event. With our proven experience, client-focused approach, and deep knowledge of Wisconsin family law, we’re committed to helping you navigate the process with confidence. Whether your case involves complex asset division, child custody battles, or amicable negotiations, we will fight for your rights and your future.
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At Gerard Law Firm, we have a history of success in representing clients across various legal matters. Our results speak for themselves, showcasing our ability to secure favorable outcomes in even the most challenging cases.
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We understand that every legal case is unique. That's why we offer personalized attention to each client, ensuring that your specific needs and concerns are addressed. Attorney Benjamin Gerard takes the time to get to know you and your case, providing tailored legal strategies that work for you.
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Gerard Law Firm is deeply rooted in southeastern Wisconsin. Our familiarity with the local courts, judges, and legal procedures in Delavan, Lake Geneva, Janesville, and surrounding areas gives us a distinct advantage. This local expertise allows us to navigate the legal landscape efficiently and effectively, providing you with the best possible representation.
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We are dedicated to providing high-quality legal services that exceed our clients' expectations. From our initial consultation to the resolution of your case, we strive for excellence in everything we do. Our commitment to excellence ensures that you receive the best legal representation available.
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At Gerard Law Firm, our clients are our top priority. We believe in open communication, transparency, and building strong attorney-client relationships. Our client-focused approach means that you can trust us to be responsive, accessible, and dedicated to achieving the best outcome for your case.
Divorce Services We Offer
Our firm handles all aspects of divorce, from child custody disputes to complex property divisions. We offer strategic legal solutions tailored to your situation.
Contested & Uncontested Divorce
Negotiating settlements, mediation, and trial representation.
Every divorce is unique. Whether you and your spouse can amicably agree on terms or need strong representation in negotiations, mediation, or trial, our firm ensures your interests are protected.
We work toward fair settlements whenever possible but are prepared to litigate aggressively when necessary.
Spousal Support (Alimony)
Alimony isn’t guaranteed in every divorce—the court evaluates factors such as the length of the marriage, each spouse’s income, and financial needs to determine whether support is appropriate. Whether you're seeking fair financial support or aiming to reduce alimony obligations, our firm develops strategies to present a strong case on your behalf.
Divorce Mediation & Alternative Dispute Resolution
Avoid Court Battles—Resolve Divorce Through Mediation
Not every divorce requires litigation. Mediation allows both spouses to negotiate a fair agreement with the guidance of a neutral mediator, reducing conflict and legal costs. This process can be especially beneficial for parents who want to maintain a cooperative relationship for their children. We assist in mediation, helping clients achieve amicable resolutions while protecting their legal rights.
Child Custody & Support
Courts in Wisconsin prioritize the best interests of the child when determining custody and placement. Factors such as parental involvement, stability, and past conduct (including any history of domestic violence or substance abuse) can influence the court’s decision. We also assist with modifications of custody orders and child support enforcement to ensure agreements reflect current circumstances.
Property & Asset Division
Wisconsin follows community property laws, meaning marital assets and debts are typically divided equally.
However, factors such as the length of the marriage, financial contributions, and future earning potential can impact the final division. We help clients protect their businesses, investments, retirement funds, and other significant assets to ensure a fair outcome.
Protecting Your Future After The Divorce
Helping You Move Forward with Confidence
Divorce is more than just a legal process—it’s a major life transition. Our firm helps clients plan for their future by addressing financial security, modifying existing agreements when necessary, and ensuring a smooth legal transition. Whether you need assistance with name changes, modifying support orders, or post-divorce asset protection, we provide ongoing legal support tailored to your need
The Divorce Process In Wisconsin
Divorce is a major life change, and understanding the legal steps involved can help reduce uncertainty and stress. In Wisconsin, the process follows a structured path, from meeting residency requirements to finalizing a divorce decree. Depending on your circumstances, divorce may involve property division, child custody arrangements, spousal support, and financial negotiations.
While some divorces are straightforward, others require court intervention, mediation, or extensive legal negotiations. Wisconsin law requires a 120-day waiting period after filing before the court can finalize the divorce. During this time, temporary orders may be issued to address child custody, support payments, or property matters.
Whether your divorce is contested or uncontested, our firm provides the legal guidance and advocacy you need to protect your rights. Scroll through the steps to see how the process unfolds. If you have questions or need legal representation, we’re here to help.
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Before filing for divorce in Wisconsin, at least one spouse must have lived in the state for six months and in the specific county of filing for at least 30 days. These residency rules ensure that Wisconsin courts have jurisdiction over the case. If you haven’t met these requirements, you may need to wait before filing or explore alternative legal options.
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The divorce process officially starts when one spouse files a Petition for Divorce with the local circuit court. This legal document outlines the request for divorce and may include proposed terms for property division, child custody, support, and spousal maintenance. The filing spouse (petitioner) must also pay a court filing fee unless they qualify for a waiver based on financial hardship.
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Once the divorce petition is filed, the other spouse (respondent) must be formally served with the divorce papers. This ensures they are notified of the legal proceedings and have an opportunity to respond. Service is typically completed by a sheriff’s deputy, process server, or through an acknowledgment of receipt. The respondent has 20 days to file a response, which can impact how the case proceeds.
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(Custody, Support, Finances)
Divorce cases can take several months, so courts may issue temporary orders to address critical financial and family matters while the case is pending. These orders can determine:
✔ Who stays in the marital home
✔ Child custody and placement schedules
✔ Temporary child support and spousal maintenance
✔ Restrictions on financial transactions (e.g., selling assets, closing accounts)
Temporary orders ensure stability during the divorce process and can be modified if circumstances change. -
If both spouses agree on all terms, they can submit a Marital Settlement Agreement, which outlines how they will divide assets, handle custody, and resolve financial obligations. This approach avoids trial, reduces legal costs, and speeds up the process.
If disagreements remain, the case may proceed to mediation, pre-trial hearings, or a full trial, where a judge will decide contested issues based on the evidence presented.
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Wisconsin law requires a 120-day waiting period before a divorce can be finalized. This waiting period allows both spouses time to negotiate agreements, gather financial documents, and prepare for court hearings.
Once the court reviews all agreements (or issues rulings after a trial), the judge will issue a Final Divorce Judgment, legally ending the marriage. This judgment finalizes all aspects of the divorce, including property division, child custody, and financial support.
Common Questions About Divorce in Wisconsin
Many clients have concerns about how divorce will affect their finances, children, and future. Below are answers to some of the most frequently asked questions.
How is property divided in a Wisconsin divorce?
Wisconsin is a community property state, meaning marital assets and debts are generally divided equally. However, factors such as length of marriage, income levels, and contributions to the marriage may influence the final division.
How is child custody determined?
Courts prioritize the best interests of the child, considering factors like parental involvement, stability, and past conduct (e.g., history of domestic violence or substance abuse).
Can I modify child custody or support orders?
Yes, modifications can be requested if there is a significant change in circumstances, such as job loss, relocation, or changes in the child’s needs.
Do I have to go to court for a divorce?
Not always. Many divorces are resolved through mediation or settlement agreements. However, if disputes cannot be resolved, a judge will decide the case in court.
Contact Gerard Law Firm for Divorce Representation
At Gerard Law Firm, we provide strategic legal guidance to help you navigate your divorce with confidence. Whether you're dealing with property disputes, child custody, or alimony concerns, we can help you achieve the best possible outcome.