Family & Divorce

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If you are a same-sex couple wanting to build a family, you may wonder, what is legally required? How do I protect our parental rights? What happens if something is not set up correctly from the beginning? When should we consult a lawyer?

Here is the short answer: in Wisconsin, both surrogacy and adoption are available paths for same-sex couples, but neither is as smooth as it should be. Each path requires careful legal planning to make sure your…
Continue Reading Pursuing Surrogacy or Adoption for Same-Sex Couples

Maybe your schedule has changed. Maybe your child is struggling with the current routine. Or maybe something about the other household has shifted in a way that raises concern.

In Wisconsin, modifying child custody depends on timing. If it has been less than two years since the initial order, you may need to show that the current arrangement is harmful to your child. After two years, you must show a substantial change in circumstances and that the proposed change…
Continue Reading How to Modify Child Custody and Placement in Wisconsin

Prenuptial agreements, also known as Marital Property Agreements, have become increasingly popular before couples marry. Postnuptial agreements are also an option during marriage. These agreements are used to specify how you and your partner want your assets held during the marriage and what happens to those assets in the event of divorce or death when you want to do something different than what the law would otherwise provide for. Understanding the law and future financial choices helps you both…
Continue Reading What Does It Mean to Sign a Prenup?

To safeguard the Fifth Amendment right against self-incrimination, Miranda prevents prosecutors from introducing statements made by suspects under custodial interrogation unless law enforcement informs the suspect of certain now-familiar rights. [1] Specifically, a person under custodial interrogation “must be warned that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed.” [2] The…
Continue Reading Wisconsin Supreme Court: 12-Year-Old Boy was in Custody During School Police Questioning

May 11, 2026Divorce by Affidavit: What Wisconsin Family Lawyers Need to KnowDivorce by affidavit offers a more flexible path for uncontested divorce cases in Wisconsin, particularly for clients facing scheduling, mobility, distance, child care, or emotional barriers to appearing in court. Tiara Oates outlines the requirements, benefits, and possible drawbacks of using this new process.By
Tiara Oates

As of Oct. 31, 2025, divorce by affidavit (2025 Wisconsin Act 40) can be used to finalize uncontested divorce

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Continue Reading Divorce by Affidavit: What Wisconsin Family Lawyers Need to Know

Many individuals walk into family court believing the odds are stacked against them due to their gender. Some men believe women are favored in family cases, especially those involving children. At the same time, some women feel they have to go to extreme lengths to have their concerns taken seriously in court.

While implicit bias can play a role in any court decision, the belief that one’s gender alone determines the outcome of their case is highly unlikely.
The…
Continue Reading Family Court Doesn’t Favor Mothers – Here’s What They Actually Care About

In Wisconsin, you are not required to hire an attorney to file for divorce. However, whether you should depends on your situation. Even when a divorce seems straightforward, decisions made during the process can have long-term consequences for your finances, your children, and your daily life moving forward. Understanding what is involved can help you make a more informed decision.
In short, you may not need full representation from a family lawyer for a simple, fully agreed-upon divorce.
Continue Reading Do You Need a Lawyer for a Divorce in Wisconsin?

Will my parental rights be fully recognized and protected?

The answer depends on how your family is formed and what legal steps are taken along the way. Planning ahead can make a meaningful difference in how secure your rights are from the moment your child is born.

LGBTQ+ parents in Wisconsin who use assisted reproduction need additional legal steps, such as parentage orders, adoption, or carefully drafted agreements, to ensure both parents are fully recognized in all states and…
Continue Reading Establishing Parental Rights for LGBTQ+ Parents in Wisconsin ART Cases

Divorce can be difficult for any family. When a child has special needs, there can be more questions:

How will care be shared between households?

How will therapy, schooling, and medical needs be handled?

What happens if one parent has been primarily responsible for those routines?

What if parents disagree regarding education, treatment interventions, or medical care?

These are not issues that fit neatly into a standard parenting arrangement.

Divorce involving a child with special needs often requires more…
Continue Reading How Divorce Affects Special Needs Children and Support Services in Wisconsin

Whether you are dealing with divorce, custody, or a more complex situation involving your child or your family unit, the outcome can affect your life long after the case is over.
The Law Center, S.C., the focus is not just on resolving or “winning” a case. It is on whether the result makes sense for the people involved, especially the child.
Family Law With a Conscience
We do not take every case. Before moving forward, the firm looks…
Continue Reading Solving Your Family Law Challenges in Wisconsin: How The Law Center, S.C., Can Help

In light of the new Court of Appeals decision,
State v. Mann-Tate, 2024AP2585-CR, on Feb. 3, 2026, Wisconsin needs a legislative fix to address the current due process concerns related to the reverse waiver statute. As attorneys practicing in the youth justice arena for many years, we believe the fix seems obvious: Wisconsin should eliminate original adult jurisdiction for youth. The current waiver statute, Wis. Stat. 938.18, allows the court to consider the unique attributes of youth identified by…
Continue Reading Wisconsin Should Eliminate Original Adult Jurisdiction for Youth

Early decisions in a divorce case can shape the outcome months later. One of the more frustrating things I deal with as a lawyer is meeting clients who come to me what I describe as “downstream.”

What they want is for the lawyer to come in where they are and guide the rest of the case forward. The problem is that by the time we meet, they may have already gone through some rapids and taken a few wrong…
Continue Reading 7 Divorce Mistakes That Could Cost You Everything

It’s something of a truism, but divorce has a way of bringing out the worst in people. Even spouses who have been married for decades often find themselves shocked by their partner’s behavior. This often includes very serious, and very often false, accusations of domestic violence or abuse.

In high-asset divorces, domestic violence allegations are made because they are effective. A well-timed accusation can shift the balance of a divorce proceeding dramatically, affecting everything from who stays in…
Continue Reading Defending High-Asset Divorce Cases Involving Domestic Violence Allegations

One of the most common issues that arises in estate and succession planning has little to do with taxes, documents, or legal mechanics. It’s family dynamics. 

Parents often come into the process with the goal of being fair. But fairness is rarely as simple as dividing everything equally. When clients ask whether I think their plan is fair, I’m candid: my personal view doesn’t matter. What I can offer is perspective into how other families in similar situations typically…
Continue Reading Fairness is Personal: Estate Planning Lessons for Families with Unequal Assets

When families blend through second marriages, later-in-life relationships, or remarriage after divorce, estate planning becomes more complex, and more important. This is especially true when one or both spouses have children from prior relationships.

A recent Wisconsin Court of Appeals decision, Sterling L. North v. Estate of William James North II, 2024AP1908 (Wis. Ct. App. Dec. 30, 2025) shows how a lack of planning can result in an unintended division of property between the spouses’ children, particularly when…
Continue Reading Wisconsin’s 120-Hour Rule, Survivorship Marital Property, and Blended Families

Social media can directly impact the outcome of your divorce. What you share online — posts, photos, comments, or even what others tag you in — may be used as evidence in court. Understanding how your digital footprint affects legal decisions can help you protect yourself, your assets, and your family.
How may Courts use Social Media Posts?
Courts and attorneys regularly review social media to assess honesty, financial habits, and parenting skills. A single post can support or…
Continue Reading Social Media and its Influence on Divorce Proceedings