Family Law FAQs
FAQS
Family Law
In Wisconsin, statues require a 120 day waiting period from the date of service. That means, the case will be pending for a minimum of 4 months. In general, most divorces are concluded within 6-12 months from the date of filing.
Yes. Under current law, even if spouses are able to reach an agreement to resolve all matters related to the divorce, the Court requires the parties to attend a final divorce hearing with the Court Commissioner. Some counties allow the parties to appear via Zoom for this hearing, while others generally require in person attendance.
A Guardian ad Litem (“GAL”) is an attorney that represents the best interests of the child(ren) in a family case. The GAL considers, but is not bound by, the wishes of the parties and the child(ren). Generally, the GAL will discuss the case with all parties and may meet with the child, depending on the age of the child. They will conduct an investigation and ultimately make a recommendation as to their opinion of what is in the best interests of the minor child(ren).
Generally, when a divorce case is started, the parties will attend a temporary order hearing with the family court commissioner. At this hearing, the commissioner will issue several temporary orders – usually regarding child support, maintenance, use of the marital home, legal custody and child support. If you disagree with the temporary order of the court commissioner, you may request a de novo review. That is, a hearing with the Circuit Court Judge to re-hear the issues and enter a new temporary order. This is done without deference to the initial order from the court commissioner. There are, however, strict timelines for requesting a de novo review, and they may vary depending on which county you are in. Contact an attorney to discuss your rights as soon as possible following the temporary order hearing if you wish to explore a de novo review.