7 Things Every Woman Should Know
Before Filing for Divorce in Wisconsin
7 Things Every Woman Should Know
Before Filing for Divorce in Wisconsin
Filing for divorce is a major decision—one that carries emotional, legal, and financial weight. For women in Wisconsin, being prepared before you take that first step can mean the difference between a chaotic experience and a confident, informed transition. From custody to finances, here are seven critical things every woman should know before filing for divorce.
1. Wisconsin Is a No-Fault Divorce State
You don’t have to prove that your spouse did something wrong to file for divorce. In Wisconsin, stating that your marriage is “irretrievably broken” is enough. While this simplifies the legal process, it doesn't eliminate the importance of having a solid legal strategy in place.
2. Property Division Follows Community Property Laws
Wisconsin considers most assets and debts acquired during the marriage to be jointly owned. This means they’re typically split 50/50 in a divorce. However, factors like prenuptial agreements, inheritances, or intentional financial misconduct can influence the outcome. Understanding what’s marital vs. separate property will help protect your financial interests.
3. Custody Is Decided Based on the Child’s Best Interests
Mothers don’t automatically get full custody. Wisconsin courts consider many factors, including each parent’s relationship with the child, living arrangements, and past caregiving roles. Being prepared with documentation—such as school involvement or daily routines—can help demonstrate your stability and involvement.
4. You May Be Entitled to Spousal Support
If you’ve been out of the workforce or earned significantly less during the marriage, you may qualify for spousal support (alimony). The court will evaluate your earning capacity, financial need, length of the marriage, and contributions to your household. Many women miss out on this because they don’t know they’re eligible.
5. Your Digital Life Can Be Used as Evidence
Anything you post, text, or share online can be brought into court. Avoid talking about your divorce, venting about your spouse, or posting lifestyle updates that could be misinterpreted. Stay cautious, and assume everything online is public—even if your settings are private.
6. Legal Representation Makes a Difference
Even in an amicable divorce, having a skilled attorney can help you avoid mistakes, uncover hidden assets, and secure a fair settlement. An experienced lawyer will know how to navigate the local courts and advocate for your rights throughout every phase of the divorce.
7. Emotional and Financial Preparation Is Key
Divorce isn’t just about the legal process—it’s a personal and financial transformation. Before filing, start gathering financial records, creating a post-divorce budget, and building a support network. Consider speaking with a therapist or divorce coach to help you stay grounded during the transition.
How Women's Divorce & Legal Clinic Supports Women Before, During, and After Divorce
As a seasoned divorce attorney based in Milwaukee, Jaime Young brings compassionate, strategic support to women at every stage of the divorce journey.
She is known for:
Advocating fiercely for women’s financial and parental rights
Offering clear, step-by-step legal guidance
Helping clients feel informed, prepared, and empowered
Take the First Step Toward Clarity and Confidence
The more informed you are before filing, the more control you’ll have over the outcome. Whether you're planning ahead or already in the thick of it, these seven insights will help you protect yourself and your future. Click here to book your free consultation now.
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Testimonials
Clara H.
Very professional. Went above and beyond and took a personal interest in my case. Always fought for the right thing and the fair thing. While I sincerely hope I will never need a divorce attorney again, I will always recommend Women's Divorce to anyone I know who needs those services.
Laura Z.
Always their for you Jamie helped me with the most difficult time in my life . Thank you
Callie A.
Jamie is very kind and her assistant Trinette is very helpful too! Their rates were very reasonable (compared to other lawyers) and there were no hidden fees. Just be prepared if your going through a nasty domestic violence divorce, it's a chaotic journey and it is very frustrating and extensive. Not due to the lawyer, due to the current Wisconsin laws and a lot of just situational things.
FAQs
Your Top Questions Answered Compassionately and Clearly
What is a no fault divorce and who can start it?
A no fault divorce is started by one of the parties because that person no longer wishes to be married. To qualify, a party must be a resident. That means they must live in the state at least 6 months and county for 30 days before commencing the action to start a divorce or legal separation action.
How long does a divorce usually take?
Generally about 5 months.
What if I need financial assistance (child/support/maintenance) right away?
You can have a hearing before the Family Court Commissioner within approximately four weeks.
What issues are decided in a divorce or legal separation?
Custody, placement, child support, alimony, health insurance, life insurance, tax exemption, property division.
What is custody and placement?
Custody involves health, education and welfare issues and placement involves where the children reside.
Paternity Actions
Paternity establishes that a man is the father of a child. Paternity is important to determine parental rights and responsibilities. Our attorneys can help you start an action to establish paternity and protect your child's legal rights.
Child Custody
Legal custody refers to the rights of a person to make major decisions concerning a child. These decisions include: education, medical treatment, religion, consent to marry, enter the military, get a driver's license, choose a school, and give authorization for non-emergency healthcare, among other things. There is a presumption that joint legal custody is in the best interest of the child. Custody disputes can be very contentious and painful. We are there for you when you need someone to look out for your interests.
Placement
In cases when both parents want to have primary placement of the children, the steps that take place involve mediation and can end with the appointment of a Guardian Ad Litem (attorney that represents the children).
Child Support
Child support is determined by income and time spent with a parent. Our attorneys will work to ensure that your child receives they are entitled to.
Family Law Practice Areas
Divorce
Legal separation
Arbitration
Paternity
Post judgment modification of orders/judgment
Child custody, child placement, and visitation
Child support
Spousal support (alimony/maintenance)
Property and debt division
Protection of gifted and inherited property
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