Divorce & Separation

Green Bay, Wisconsin - Divorce Attorneys

The attorneys at Schwitzer Simon, LLC are experienced divorce attorneys who take pride in helping individuals through this difficult time in their lives.  Family law matters can have a lasting impact long after the court proceedings have ended.  That is why it is important to have an experienced divorce attorney who can help you in dealing with divorce and child placement related issues.  At Schwitzer Simon, LLC, we take the time to listen to what you want for your future, and we take a compassionate approach to helping you deal with this troubling time in your life.

Divorce Procedure

1. The action is commenced with the filing of a Summons and Petition for Divorce.
2. The pleadings are served on your spouse, typically by a process server hired by our office.
3. Your spouse may file a Response and Counter-Claim
4. Temporary Orders are usually entered 2 to 6 weeks after the action is filed.
5. A Pre-Trial hearing is held approximately 4 to 6 months after the pleadings are served.  Our goal is to try to complete the divorce on this date.
6. If there are still disputed issues or information that has not yet been obtained, a trial date will be scheduled.
7. If the issues can be resolved and a settlement reached prior to the date of trial, a stipulated entry of divorce will be entered.
8. If all issues are not resolved, a trial to the judge will be held and any remaining issues will be presented to the court for a decision.

There are several complex issues that must be dealt with when filing for divorce.  Some of those issues include the following:

Property Division

When a couple gets married their property and assets often will become co-mingled, and of course they begin to make purchases and acquire debts together.  If that couple chooses to end their marriage, those assets and financial obligations need to be valued and divided in such a way that is fair, and considers the needs of both parties.  The attorneys at Schwitzer Simon, LLC have experience in helping our clients to deal with many levels of property division within the context of Wisconsin law.

Child Custody

The legal term "child custody" refers to the rights and responsibilities of one or both parents to make major decisions concerning the child.  These decisions do not typically include day-to-day types of decisions, such as a child's bed-time, but instead involve such decisions as consent to marry prior to turning 18 years of age, consent to enter the military prior to turning 18 years of age, authorization for non-emergency health care, choice of school, and religious affiliations.  A court will typically enter an order granting joint-legal custody to each parent, unless there are serious circumstances which would merit the granting of sole legal custody to one parent. 

Child Placement

The physical placement of a child deals with which parent the child will live with and what type of placement schedule can be agreed upon.  If the parties cannot agree on a physical placement schedule, or who should be granted primary physical placement, then the court will usually order that a Guardian ad Litem be appointed to investigate this issue.  A Guardian ad Litem (GAL) is an attorney who has specific training concerning what is in a child's best interest.  Attorney Todd Simon is a former Guardian ad Litem and has extensive experience in dealing with attorneys who serve as GAL's.  Some of the relevant factors that a Guardian ad Litem and the court will consider when making a determination on child placement are:

1. The interaction and interrelationship of the child with his or her parents, siblings, and any other person who may significantly affect the child's best interest.
2. The amount and quality time that each parent has spent with the child in the past, any necessary changes to the parent's custodial roles and any reasonable life-style changes that a parent proposes to make to be able to spend time with the child in the future.
3. The child's adjustment to home, school, religion and community.
4. The age of the child and the child's developmental and educational needs at different ages.
5. Whether the mental or physical health of a party, minor child, or other person living in a proposed custodial household negatively affects the child's intellectual, physical, or emotional well-being.
6. The need for regularly occurring and meaningful periods of physical placement to provide predictability and stability for the child.
7. The availability of public or private child care services.
8. Whether there is evidence that a party engaged in some type of abuse of the child, as defined by Wisconsin Statutes.
9. Whether either party has or had a significant problem with alcohol or drug abuse.

These are some of the factors that a Guardian ad Litem and the court will consider when making a determination on the issue of child placement if the parties are not able to agree on a placement arrangment. 

Child Support

Child support is a very important aspect of the divorce procedure for both parties, and therefore it is important that the amount of child support ordered be calculated accurately.  Child suport is based upon the amount of time that the child spends with each party, and the income earned by each party. 

Maintenance (Alimony)

Maintenance, formerly known as alimony, is an important issue to review in any divorce proceeding.  Whether or not spousal support will be ordered depends upon many different factors, such as the length of the marriage, what each spouse brought to the marriage, earning capacity of each party, and several other factors.  Determining if maintenance is appropriate and calculating the amount of maintenance can be complex.  It is important that you have an experienced family law attorney who is on your side.

The attorneys at Schwitzer Simon, LLC are here to help you if you find yourself in need of our services.  We often encourage our clients to seek out marriage counseling in order to try to salvage their relationship.  But if this is not an option and you feel as though a divorce or legal separation is necessary, then please feel free to contact us for a free consultation.