Family Law

Guiding families through divorce, custody, and support matters with care and expertise.

Protect your parental rights. Early legal guidance can make a significant difference in custody matters.

Family law matters are among the most personally challenging legal situations anyone can face. Whether you are going through a divorce, negotiating custody arrangements, or seeking to modify an existing support order, you need an attorney who understands both the legal complexities and the emotional weight of these decisions.

At Smith & Associates, we approach every family law case with compassion and a commitment to protecting what matters most to you - your children, your financial security, and your future. We work to resolve disputes through negotiation and mediation whenever possible, but we are always prepared to litigate when your interests require it.

Our family law practice covers divorce and legal separation, child custody and placement, child support and maintenance, marital property division, prenuptial and postnuptial agreements, and modifications to existing orders. Wisconsin is a community property (marital property) state under Wis. Stat. Ch. 766, which makes property division distinct from most other jurisdictions.

State law summary

Wisconsin is a community-property (marital property) state under Wis. Stat. Ch. 766 and requires a 120-day waiting period from service before a divorce can be finalized. Custody is divided between legal custody and physical placement.

Statute of limitations

No single SOL — timing driven by waiting periods and modification standards.

Wis. Stat. Ch. 767

Post-judgment modifications generally require a substantial change in circumstances.

Statutes-of-limitations rules vary by case and may have exceptions. Consult counsel before relying on this summary.

Key statutes

  • Marital property Wis. Stat. Ch. 766

    Wisconsin Marital Property Act — property acquired during marriage is presumptively marital.

  • Divorce waiting period Wis. Stat. § 767.335

    120 days after service of petition before judgment can be entered.

  • Custody and placement Wis. Stat. § 767.41

    Governs legal custody and physical placement determinations under the best interests of the child standard.

Source: State_Legal_Data (verified per file). This summary is for general information only and is not legal advice.

Family Law FAQ

Answers to common questions about this area of law.

Frequently Asked Questions

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