Going through a divorce is one of the hardest things a person can face. If you are a parent with a career, a home, and a life you have built together with someone, the thought of dividing all of that can feel overwhelming. You may be asking how this affects your kids, your retirement, and the home you worked so hard to buy.
At Thelen & Associates, we work with people across Waukesha, Walworth, and Jefferson counties who are in exactly this position. Whether you are just beginning to think about divorce or your spouse has already told you they want one, we are here to help you understand your rights and move forward with a clear plan.
Attorney Kris Thelen has been practicing law in Wisconsin since 1994. She founded Thelen & Associates with a specific focus on family law and divorce, and that focus has never changed. Over the years, she has developed a deep understanding of Wisconsin law and how the Waukesha County Circuit Court system operates. That knowledge matters. It means your case moves forward with a clear plan and without unnecessary delays or costly errors.
Kris takes the time to listen. She pays close attention to what her clients care about most, whether that is staying in the family home, protecting a retirement account, or making sure the kids have stability. She combines that information with her depth of legal knowledge to build a strategy that fits your life.
Kris understands that legal fees are a common worry for working families. She keeps her rates reasonable and avoids unnecessary costs whenever possible. For example, our office in Waukesha is just steps from the courthouse, which means she never has to bill for her time driving for a court appearance there. She wants every client to exit their case feeling positive about their financial future.
Thelen & Associates handles a full range of issues that come up in Wisconsin divorce cases, including:
Each of these areas can have a significant impact on your financial future and your relationship with your children. We also handle related matters such as paternity, post-divorce modifications, and prenuptial agreements.
Wisconsin follows marital property principles of property division. Essentially, this means the law generally presumes treats property acquired during the marriage as belonging equally to both spouses, regardless of whose name is on the title or account.
Therefore, the presumption is that a divorcing couple in Wisconsin will split their marital property 50/50. This applies to assets and to debts. So if you have a mortgage, credit card balances, or a car loan, those are typically divided along with the savings account and the retirement funds.
Property you received as a gift or inheritance from someone outside the marriage, may be considered separate and not subject to division. However, if that property has been mixed together with marital assets over the years, which often happens, it may still be subject to division.
However, it may be possible to challenge the 50/50 split presumption. A few things that can affect how property is divided include:
The specific facts of your situation can convince the judge to move away from an even split. A contractor who owns tools and equipment, or a professional with a pension through their employer, needs to think carefully about how those assets are classified and valued.
Getting this wrong can cost you far more than the price of good legal advice. Kris will carefully review your marital and separate property with you and develop a strategy that leaves you in the best possible financial footing.
Sometimes, family law courts get it wrong. Or what was a reasonable child custody order five years ago is no longer practical or fair today. If you need a post-judgment modification of an existing child custody, child support, or spousal maintenance order, Kris Thelen is ready to get started. Whether she worked on your original case or not, and whether you are for or against changing the order, you can rely on Kris to build a compelling case on your behalf.
Mediation is a process where a neutral third party, called a mediator, helps both spouses work through disagreements without going to court. In Wisconsin, when legal custody or physical placement of children is disputed, the law requires that the parties attend mediation through Family Court Services or a private mediator before a judge can hold a trial on those issues, though the judge can waive this in certain circumstances.
In Waukesha County, that mediation is handled through the county’s Family Court Services office. The first session is where the parties work directly with the mediator to try to reach an agreement on custody and parenting time. Fees are set by statute and county ordinance, and the court typically determines how those fees are split between the parties.
Mediation can also be done privately through a mediator of your choice, which offers more scheduling flexibility and may cover financial issues beyond just custody. If mediation does not produce an agreement, the case moves forward to a hearing before a judge. Having an attorney during or alongside the mediation process can help you understand your rights and avoid agreeing to terms that may not serve you well in the long run.
Wisconsin law does not presume that custody and placement must be split equally between parents. The court’s primary focus is the best interests of the child.
That said, Wisconsin courts do tend to favor arrangements that allow children to have meaningful time with both parents, and equal or near-equal placement is a common outcome. Factors that the court can considers includes each parent’s relationship with the child, the child’s adjustment to home and school, the availability of each parent, and the ability of the parents to cooperate with each other. If one parent has been the primary caregiver, that history is likely to carry weight. If there are concerns about safety, substance abuse, or domestic violence, those factors can significantly change what the court decides.
The specific facts of your family situation matter a great deal, which is why it is important to have a lawyer who understands how Waukesha County family court handles these issues.
Even when the spouses are on good terms, there are many details in a divorce agreement that need to be handled correctly. A poorly drafted agreement may leave out important terms or create future disputes about what you and your ex agreed to. Wisconsin courts also require that any agreement be reviewed to make sure it is fair and meets legal requirements before it is approved. An attorney can review your agreement, make sure it covers everything it needs to, and help you avoid mistakes that could be difficult or expensive to fix later. When children are involved, getting the parenting plan right from the start can prevent a great deal of conflict down the road. Even in an uncontested divorce, having a lawyer on your side protects you.
Divorce is not something most people plan for or want. But when it becomes a reality, having the right legal support can make a meaningful difference in how the process goes and what your life looks like on the other side of it.
Thelen & Associates serves clients throughout Waukesha County communities like Brookfield, New Berlin, and Lisbon. We also work with residents of Walworth and Jefferson counties. Whether your situation is straightforward or complicated, Kris Thelen brings the experience, focus, and personal attention to help you navigate it well.
If you are considering divorce or your spouse has already started the conversation, reaching out to our law firm early can help you understand your options before decisions get made without you. Contact Thelen & Associates to schedule a free initial consultation.
