Family Law FAQ – Hudson, Wisconsin

Answers to Your Most Common Family Law Questions

At Williamson & Siler, S.C., we understand that family law matters can be overwhelming. Whether you’re going through a divorce, custody dispute, or need guidance on child support or alimony, we’re here to help. Below are answers to some of the most frequently asked questions about family law in Hudson, Wisconsin, and St. Croix County.

Divorce FAQs

How long does a divorce take in Wisconsin?

Wisconsin requires a minimum 120-day waiting period after serving divorce papers before a divorce can be finalized. However, contested divorces involving child custody, property division, or spousal support can take several months to over a year, depending on complexity.

Do I have to prove fault to get a divorce?

No. Wisconsin is a “no-fault” divorce state, meaning you do not have to prove wrongdoing like adultery or abandonment. The only requirement is that the marriage is irretrievably broken.

What if my spouse doesn’t want a divorce?

Even if your spouse does not agree, the court can still grant a divorce if you can demonstrate that the marriage is irretrievably broken. Your spouse cannot stop the divorce, but they can contest issues like child custody and asset division.

Can I get divorced without going to court?

If you and your spouse agree on all terms, you can file a Marital Settlement Agreement, which may allow you to avoid a trial. However, you must still attend a final hearing for the judge to review and approve the divorce.

Child Custody & Support FAQs

How does the court decide child custody?

Wisconsin courts base custody decisions on the best interests of the child, considering factors such as:

• Each parent’s relationship with the child
• Stability of home environment
• History of domestic violence or substance abuse
• The child’s wishes (if old enough to express a preference)

Can a child decide which parent to live with?

Wisconsin law does not allow a child to unilaterally choose where they live, but the court may consider their preference depending on their age and maturity.

How is child support calculated?

Child support in Wisconsin is based on state guidelines, which consider the income of both parents and the number of children. The standard formula generally applies as follows:

• 17% of income for one child
• 25% for two children
• 29% for three children

If parents share equal placement, child support may be adjusted based on income and time spent with each parent.

Can child support orders be modified?

Yes. If there has been a significant change in financial circumstances, such as job loss or increased income, you can request a modification through the court.

Spousal Maintenance (Alimony) FAQs

Does Wisconsin have alimony?

Yes. Wisconsin law allows for spousal maintenance (alimony), but it is not automatic. It depends on factors like:

• Length of the marriage
• Earning capacity of both spouses
• Contributions to the marriage (e.g., one spouse staying home to raise children)

How long does spousal maintenance last?

It varies. Shorter marriages may have temporary support, while longer marriages (typically 10+ years) may result in longer-term or indefinite alimony.

Can alimony be changed?

Yes. If there is a substantial change in circumstances, such as remarriage or significant income changes, you can petition the court for modification.

Property & Debt Division FAQs

Does Wisconsin split everything 50/50 in a divorce?

Wisconsin is a community property state, meaning marital assets and debts are generally divided equally. However, the court may adjust the split based on factors like:

• Length of the marriage
• Each spouse’s financial contributions
• Whether one spouse will have primary custody of children

What happens to retirement accounts in a divorce?

Retirement accounts are considered marital property and are subject to division. A Qualified Domestic Relations Order (QDRO) is typically required to divide 401(k)s and pensions without tax penalties.

Will I lose my home in a divorce?

Not necessarily. If one spouse wants to keep the house, they may need to buy out the other spouse’s share or agree to other asset trade-offs. If neither can afford it, the home may need to be sold, and the proceeds split.

General Family Law FAQs

Do I need a lawyer for my divorce or custody case?

While you are not legally required to have an attorney, family law is complex, and having experienced legal representation can help protect your rights, finances, and parental interests.

What if my ex isn’t following the court order?

If your ex is violating a custody, support, or property division order, you may need to file a motion for contempt. The court can enforce orders through fines, wage garnishments, or even jail time in extreme cases.

How can mediation help in a family law case?

Mediation allows both parties to negotiate agreements outside of court, often resulting in faster, less expensive, and more amicable resolutions. It is especially useful for custody arrangements and property division.

Contact a Hudson, WI Family Law Attorney Today

If you need legal assistance with divorce, child custody, or any other family law matter, Williamson & Siler, S.C. is here to help. We proudly serve Hudson, New Richmond, River Falls, Baldwin, Somerset, and surrounding St. Croix County areas.

📞 Contact us today to schedule a consultation.