Thelen & Associates, LLC

Justice sacle vector

Family Law Attorney in Waukesha County, Wisconsin

Home › Family Law

Divorce and child custody disputes touch every part of your life. Your home. Your kids. Your paycheck. Your future. If you are a tradesperson, contractor, nurse, teacher, or working professional living in Waukesha, Walworth, or Jefferson County, you already know how hard you have worked for what you have. When a marriage ends, it can feel overwhelming.

At Thelen & Associates, we understand that. Our law firm was founded to help people like you move through one of the hardest seasons of life with clear guidance and steady support.

Why Clients Say About Us

Attorney Kris Thelen founded this firm and has practiced Wisconsin family law for more than 30 years. Over that time, she has handled thousands of cases involving divorce, child custody, child support, and property division across Waukesha County and the surrounding region.

Our clients appreciate how reassuring working with such an experienced family law attorney can be. There is virtually nothing in Wisconsin family law that Kris has not seen before. She handles divorces and child custody disputes for people of all ages and walks of life. No matter how complex or simple your situation is, Kris is prepared to represent you.

Whether you are beginning your case with us or seeking a post-judgment modification, Kris works hard to make divorce and custody disputes as bearable as possible. That means keeping you informed, explaining your options in plain language, and helping you make decisions you can live with long after the case is closed. It also involves keeping our fees reasonable and avoiding costly, unnecessary delays.

What Family Law Cases Does the Firm Handle?

Thelen & Associates handles the full range of family law matters in Waukesha County and the surrounding area. Whether you are just starting to think about your options or you are already in the middle of a dispute, our lawyers can help.

  • Divorce: Ending a marriage involves a lot of moving parts: property, debt, support, children, retirement accounts, and more. Wisconsin is a no-fault state, which means neither spouse has to prove wrongdoing to get a divorce. But that does not mean the process is simple. Our attorneys guide clients through both simple and complex cases filed in Waukesha County Circuit Court.
  • Child Custody: In Wisconsin, custody involves two separate questions: who makes major decisions for your child (legal custody), and where your child lives and spends time (physical placement). These are not always the same thing. Disputes over custody and placement can be emotionally charged and legally complex. We work to protect your relationship with your children.
  • Child Support: Wisconsin uses a formula to calculate child support, but the details matter. Income, placement schedules, special expenses, and other factors can all affect the outcome. If your situation changes after an order is in place, modifications may be possible.
  • Spousal Support: Spousal support, sometimes called maintenance or alimony, is not automatic in Wisconsin. Whether it applies to your case depends on factors like the length of your marriage, each spouse’s earning capacity, and the lifestyle you shared. Our attorneys can help you understand what is realistic and advocate for a fair result.
  • Property Division: Wisconsin law generally calls for a 50/50 split of marital property. But figuring out what counts as marital property, how to value it, and how to divide it fairly takes careful work. This is especially true for families with real estate, retirement accounts, business interests, or significant debt.

How Does Property Division Work in Wisconsin?

Wisconsin is a marital property state. That means the law generally presumes that most assets (or their equivalent value) and debts will be divided equally by both spouses. Courts can adjust the 50/50 starting point in certain situations. Factors like the length of the marriage, contributions one spouse made to the other’s career, and any prenuptial or postnuptial agreements can all play a role.

Assets that must be divided in a typical divorce can include:

  • The family home
  • Bank and investment accounts
  • Retirement and pension accounts
  • Vehicles
  • Businesses
  • Marital debt, including credit cards and loans

Property that one spouse received as a gift or inheritance, may be treated as separate property and kept out of the division. However, if that property was combined with marital assets over time, it can become harder to separate. For example, an inheritance deposited into a joint account may be treated as marital property.

Child Custody in Southeast Wisconsin

Wisconsin family law uses two distinct terms that parents need to understand.

  • Legal custody refers to the right to make major decisions about your child’s life, including education, healthcare, and religious upbringing. Wisconsin courts generally presume that joint legal custody, meaning both parents share decision-making authority, is in the child’s best interest.
  • Physical placement refers to where the child actually lives and spends time. This is set on a case-by-case basis. There is no automatic presumption of equal placement time, though Wisconsin law does direct courts to maximize the time a child spends with each parent, as long as doing so serves the child’s best interests.

The guiding standard in every custody and placement decision is the best interest of the child. To determine what that means for each particular case, judges consider a range of factors, including:

  • Each parent’s relationship with the child
  • The child’s adjustment to home, school, and community
  • Each parent’s willingness to support the child’s relationship with the other parent
  • The child’s own wishes, depending on age and maturity
  • Any history of domestic violence or substance abuse

In many cases, parents can reach a placement agreement outside of court through negotiation or mediation. Waukesha County Circuit Court has its own Family Court Services division that facilitates mediation when custody or placement is disputed. When parents cannot agree, the court may appoint a guardian ad litem, an attorney who represents the child’s interests independently and makes recommendations to the judge. 

Considering a Modification?

Like many things in the law, a family law court order is not necessarily set in stone. If you have good reason to seek a change in your child custody, child support, or spousal maintenance (alimony) order, our Waukesha County family law firm can help. We also represent clients whose ex or co-parent wants a post-judgment modification that is unreasonable or not in the children’s best interests.

Custody arrangements can also be modified after an order is in place. Within the first two years, the bar for modification is high. After two years, either parent may seek a change by showing a substantial change in circumstances and that the modification would benefit the child. We will build a case that presents your side of the story in a persuasive way that is backed by the facts.

Serving Families Across Waukesha, Walworth, and Jefferson Counties

Our firm serves clients throughout the region, including Waukesha County communities like Waukesha, Brookfield, Oconomowoc, Eagle, and Sussex. We also work with clients from Walworth County and Jefferson County who need experienced family law representation close to home.

Whether your case is filed at the Waukesha County Courthouse on Moreland Boulevard or involves matters that cross county lines, our team knows this region and the courts that serve it. 

Contact Our Firm icon

Ready to Talk? Contact Thelen & Associates Today.

If you are facing a divorce, a custody dispute, or any other family law matter, you do not have to figure it out alone. Thelen & Associates is here to help you understand your options, protect what matters most to you, and move forward.

Contact our law office today to arrange a free, no-pressure initial consultation. The sooner you reach out, the sooner you can start making informed decisions about your future.