What is an uncontested divorce?

An uncontested divorce is one in which the parties reach agreement on the terms and conditions of their divorce without going to trial and having a judge determine the issues.  Most parties are able to agree on, and settle, most of the issues in their divorce.  If they are unable to reach agreement on some issues, then the judge assigned to their case will determine those disputed issues but will not need to rule on the issues that have been resolved by the parties; it is not an "all-or-nothing" proposition.

Uncontested divorces generally move much faster through the court system and are therefore less expensive.  Another advantage is that the hostility that divorcing parties are already experiencing tends to be reduced rather than aggravated by settling their case rather than litigating it.  This is especially important when the parties have minor children together and they will necessarily have an ongoing relationship with each other even after the divorce.

How long does it take for a divorce to be final?

In Wisconsin, there is a mandatory 120-day waiting period between the commencement of the case and the final hearing. Nothing happens automatically upon the expiration of the 120-day period; this is just when the parties are first eligible for a final hearing at which time they would be divorced. During the 120-day period, we attempt to work out a settlement of the issues in the case. Any issues that cannot be resolved by agreement are then submitted to the judge for final determination. Most parties are able to reach agreement on most of the issues; it is only the issues that remain in dispute that are heard and decided by the judge.

Will I have to go to court at any time during my divorce?

Yes. Even if the parties reach agreement on all issues, they still must appear at a final, stipulated divorce hearing. This hearing is mainly a formality and is usually over in about 15 minutes. It is not unusual for the parties to a divorce to obtain temporary orders during the pendency of the case. A hearing for temporary orders usually takes place within 2 or 3 weeks of the commencement of the case. The issues most often decided at a temporary hearing are placement of minor children, child support, occupancy of the marital residence and temporary division of personal property.

Disputes regarding the division of property, child custody and placement, spousal support or any other terms of the divorce do not automatically require court intervention. In many cases, they can be resolved through negotiations with the other spouse and/or his or her lawyer or through mediation.

Who receives physical placement and legal custody of the children in a divorce?

The parents must decide on the custody and placement of any minor children. In Wisconsin, these issues are classified as physical placement (where will the children live) and legal custody (who will make important decisions regarding the children's health, education, etc.). Both physical placement and legal custody can be either joint or solely with one parent (although it would be very unusual for one parent not to be awarded any physical placement).  The terms you will encounter most frequently regarding physical placement are "primary placement", "periods of alternate placement" and "shared placement".  Wisconsin has largely abandoned the use of the term "visitation", except in the case of grandparents or other persons who have played significant roles in children's lives and who may seek a court order permitting them to continue those roles.  Adult children are not part of the plan for divorce.  There was a time when the mother was presumed to be the preferred parent for primary placement, but the Wisconsin Family Code is now gender-neutral on this issue.

What will my case cost me?

It's not possible to provide a precise estimate of the cost of a divorce or other family matter.  After the initial consultation with a client, when the issues that are likely to be contested are identified, the client will be quoted a retainer, or advance payment, that must be paid prior to starting work on the case.  The retainer will reflect our estimate of the total cost of the case.  Most work is done on an hourly fee basis.  Tim's current rate is $200 per hour and Melanie's legal assistant rate is $75 per hour.   The advance payment that a client makes is deposited into the firm's client trust account and withdrawals from the trust account are made as fees are earned and costs are incurred.  In the event that the case is concluded without exhausting the advance payment, the client is refunded the unused balance.   If the final cost exceeds the initial retainer, then arrangements will be made for monthly payments of the balance.   Our clients are provided with detailed monthly statements of their accounts.

Pursuant to the regulations governing lawyers' professional responsibility, contingent fees (fees that depend on the outcome of the case) are not permitted.  Occasionally, we will agree to handle a matter for a fixed fee.