Decades Of Combined Experience Solving Family Law Concerns For Hudson And St. Croix County

When you are struggling with one of life’s big changes – a contentious divorce, the need to relocate out of state with your child, domestic violence charges – an experienced attorney who cares about your future can make sure your rights are protected.

The law firm of Mudge Porter Lundeen & Seguin, S.C. employs the right combination of seasoned counsel and Midwestern common sense to protect your interests and see that you are treated fairly – and has for many decades of practice in the St. Croix Valley and western Wisconsin. Our skilled, compassionate lawyers are proud of their ability to give clients the personalized attention they need during a difficult child custody battle or during the happy times of stepparent adoption.

For honest answers to your questions and confidential consultation with a qualified family law attorney, contact our Hudson, Wisconsin, law office.

Mudge Porter Lundeen & Seguin, S.C.– The Only Hudson Family Lawyers You Will Ever Need

Our experienced attorneys are fully committed to bringing you positive results for family law concerns that include:

• An uncontested and contested divorce
• High net worth divorce
• Property distribution
• Prenuptial and postnuptial agreements
• Child support and spousal support
• Paternity
• Child custody and visitation
• Post-judgment modifications and enforcements
• Domestic adoptions, including stepparent adoptions
• Domestic violence, including defense of alleged domestic violence and representation of victims of domestic violence such as restraining orders

You want a family law firm that offers sound recommendations and a personal touch that brings you peace of mind. Contact our Hudson family law lawyers for a candid, confidential, no-risk initial consultation. Please call us at 888-365-5389 or reach us by email. We welcome the opportunity to serve you in any way we can.

How The Divorce Process Works In St. Croix County

The St. Croix County Circuit Court handles all divorce cases within its scope, including Hudson city. Because Wisconsin doesn’t need fault as a reason to start a divorce, you can file a petition when the marriage is irretrievably broken.

The process starts with assessing your eligibility. Before you can file for divorce, one spouse must have at least six months of continuous residence in Wisconsin and at least 30 days in St. Croix County. If you meet this requirement, you may file the initial paperwork with the Clerk of Circuit Court online or in person.

Depending on your circumstances, you may choose to have a joint or individual petition. If both spouses don’t agree but have minor children, one can open a case by filing a Summons with Minor Children, Petition with Minor Children and Confidential Petition Addendum with the clerk. You have 90 days from filing to serve notice to the nonfiling spouse, giving them 20 days to respond.

What Happens During Wisconsin’s 120-Day Waiting Period

A 120-day waiting period starts after the nonfiling spouse receives the summons and petition for divorce in St. Croix County in individual divorce actions. For joint petitions, the clock begins immediately on the date of filing.

The waiting period allows you and your spouse to reflect on the situation, avoiding rushed permanent legal outcomes. It also helps you address disputes on legal custody, physical placement, spousal support and property division. To give you an idea, these key events generally occur during the waiting period:

• Presenting financial disclosures: Declare all income sources, expenses, assets and debts
• Submitting temporary orders: Request court rulings on temporary arrangements for legal custody, physical placement, and spousal and child support
• Attending mediation: Negotiate disputed matters and create a parenting plan through guided discussions with the help of a neutral mediator
• Completing a co-parenting class: Attend an approved co-parenting education course with the other parent

The 120-day waiting period can extend depending on scheduling and negotiations. This means that you may have to wait longer than 120 days to receive final orders.

What Community Property Means Under Wisconsin Law

In Wisconsin, the law mandates a community property approach when dividing marital property. This means that all assets and debts either spouse acquired during the marriage are subject to a 50/50 split. However, the courts may exempt individual gifts or inheritances, provided that either spouse did not mix them with shared marital accounts.

While a judge starts with this presumption, they have the discretion to move away from an equal split. Before they decide, judges evaluate statutory factors, such as the marriage length, both spouses’ contributions to the other’s earning power, and independent earning capacities.

If you have an enforceable prenuptial or postnuptial agreement, this can dictate how the courts will handle asset distribution. If you don’t have one, you may seek private negotiations through mediation.

Determining Jurisdiction On Minnesota-Wisconsin Relocation

Hudson sits near the border of Minnesota, which can trigger concerns about child relocation. According to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), the state where the child lived with a parent for at least six consecutive months takes jurisdiction.

If the child lived in Wisconsin, the moving parent triggers the state’s relocation procedures if they plan to move 100 driving miles away from the other parent’s residence, regardless of whether the move crosses state lines. Before you can relocate, you must file a formal motion in court and serve the other parent.

Meanwhile, if the child resided in Minnesota before the divorce, you must have a written consent or a court order before you move out of state. Both states require the moving parent to prove that the relocation is in the best interests of the child.

Why You Should Choose Mudge Porter Lundeen & Seguin, S.C., For Your Divorce Case

At Mudge Porter Lundeen & Seguin, S.C., we take extra effort in familiarizing ourselves with the St. Croix County Family Court circuit judges and court commissioners. They handle different phases in a divorce.

Court commissioners take over early proceedings, such as temporary orders and mediation referrals. We are knowledgeable about their inclinations, using these as our basis in creating motions or requests with favorability. Should you disagree with the temporary order, we can help you request a de novo hearing before an assigned circuit court judge.

Circuit judges weigh factors differently and have specific preferences. Since 1983, we have studied each St. Croix judge’s unique philosophies. Before we enter a hearing, you can expect us to prepare tailored briefs backed by persuasive evidence.

Our family law attorneys, Michael J. Becker, Barry C. Lundeen and Joel D. Porter, are also familiar with navigating courtroom customs and de novo review standards in St. Croix County. With this knowledge, they can set realistic expectations with you and suggest practical solutions to limit costly litigation.

Have Family Law Questions? We Can Help Answer Them.

Clients come to us with many questions about their divorce, child custody or other family law issue. This page is meant to answer some of the more common questions we are asked, but we are always happy to answer any additional questions you may have during an initial consultation.

Can child custody be modified?

Yes, it can if circumstances warrant. Courts want to maintain stability and consistency for children after divorce, but they also recognize that needs and circumstances change over time. You can petition the court to modify the order, but the court will only grant the petition if you can demonstrate a significant change in circumstances or the needs of the children such that the current custody order no longer serves their best interests.

Our firm can help you petition to modify custody or prevent a modification, depending on your position.

Who gets child custody in divorce, and how is it decided?

In Wisconsin, all child custody decisions are case-specific and must be based on the best interests of the child or children involved. Therefore, despite what someone may have told you anecdotally, Wisconsin is not a “mom state” or a “dad state.” There is no bias based on gender.

In many cases, parents will share what’s known as legal custody, which refers to decision-making authority over major aspects of the child’s life (education, religion, etc.). When it comes to physical custody (also known as placement), it is common for one parent to have the child/children with them the majority of the time, while the other parent is allocated less time.

There are numerous criteria that go into custody decisions, including the child/children’s relationship with each parent, the developmental needs of the child, any evidence/history of substance abuse or domestic abuse, and each parent’s ability and willingness to communicate and cooperate with the other. These are just a few of many criteria considered.

What is the difference between contested and uncontested divorce?

Essentially, the difference comes down to how many issues are unresolved between the divorcing couple. If the two parties agree on all terms of the divorce ahead of time (including property division, child custody, etc.), the divorce is largely a matter of paperwork and process. If the couple is far apart on many issues, the divorce is contested, and the differences will need to be resolved through litigation, mediation or some other form of alternative dispute resolution.

Even if your divorce will be uncontested, it is still important to consult with an experienced attorney for help because divorce is still a legal process. Saving money by not hiring an attorney could end up costing you more money and time trying to fix a mistake or losing out on marital assets that you should be entitled to.

What are the grounds for divorce in Wisconsin?

There are no fault-based options for seeking divorce in Wisconsin. Even if only one spouse wants out of the marriage, a judge will consider it “irretrievably broken” and will grant the divorce. All other discussions will be about divorce terms and provisions.

How is property divided in Wisconsin divorce?

Wisconsin is among only a handful of states that follow the “community property” model of asset division. This means that nearly any property obtained by either party during the marriage is considered jointly owned and will be subject to an equal division.

There are ways to deviate from this model for individual assets, but it requires the help of an experienced family law attorney like those at our firm.

Contact Us To Discuss Your Own Family Law Questions

Mudge Porter Lundeen & Seguin, S.C., is based in Hudson, and we proudly serve clients throughout the neighboring areas of Wisconsin. To schedule your initial consultation, call us at 888-365-5389 or send us an email.