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Elm Grove Divorce & Family Law

Divorce & Family Law Attorney Serving Elm Grove, Wisconsin

40+ Years of Experience | 5-Star Reviewed

Whether you are considering divorce, facing a child custody dispute, or trying to understand your rights in a separation, the questions can feel overwhelming and the stakes could not be higher. Your home, your finances, your children, and your future are on the line. You need someone in your corner who knows the law, understands your situation, and will fight for what matters most to you.

The Law Offices of Mark S. Knutson, S.C. is here to help. We offer extended appointment hours at our Brookfield office, including evenings and weekends by appointment, for your convenience.

With over 40 years of experience in family law and divorce, we are committed to responding promptly, respecting your time, and communicating clearly and honestly throughout your case. We offer a judgment-free environment where you can speak openly about your situation without fear of being dismissed or misunderstood.

Call us at (262) 205-0705 or contact us online to schedule a confidential consultation. 

We Understand What You Are Going Through

Most people never expect to need a divorce or family law attorney. When the moment comes, it is rarely at a convenient time, and the path forward is rarely clear. We can help answer questions like: 

  • Can I afford a lawyer? 
  • How long will the process take?
  • What will happen to my children? 
  • How will I rebuild my financial life on the other side? 

We know that the legal process can feel cold and impersonal when what you are dealing with is deeply personal. That is why we approach every case with patience, empathy, and a commitment to helping you understand every step of what lies ahead. We will not leave you guessing. We will not drown you in legal jargon. We will take the time to listen, explain your options clearly, and work toward the outcome that protects you and your family.

About Our Family Law & Divorce Services 

Divorce

We guide you through every phase of the process, from filing the initial petition at the Waukesha County Courthouse to the final divorce judgment. We help you understand Wisconsin's community property laws, how marital assets and debts will be divided, and what to expect from the court every step of the way.

Child Custody & Placement

Wisconsin courts, including the Waukesha County Family Court, make custody decisions based on the best interests of the child. They’ll consider factors like each parent's level of involvement, the stability of each home, and the child's own needs and relationships. We help you build a strong, child-focused parenting plan and advocate forcefully for your rights as a parent throughout the process.

Child Support

Child support in Wisconsin is determined using state guidelines that account for both parents' incomes, the division of placement time, healthcare costs, and childcare expenses. We assist with establishing, modifying, and enforcing child support orders and make sure the final arrangement reflects your family's circumstances.

Maintenance & Alimony

Spousal maintenance can be one of the most contested issues in a divorce. We help you understand how Wisconsin courts evaluate maintenance claims, including the length of the marriage, and each spouse's earning capacity, and contributions to the household. Our goal is to work toward an outcome that is fair and sustainable.

Divorce Mediation

Waukesha County courts strongly encourage mediation, especially in cases involving children. We support you through the mediation process, helping you prepare, protecting your interests at the table, and working toward agreements that hold up long after the divorce is final. Mediation is not the right path for every case, but when it is, it can save time, money, and emotional toll.

Collaborative Divorce

For couples who are committed to reaching a resolution without going to trial, we offer collaborative divorce services. This approach brings both parties and their attorneys together in structured sessions to negotiate agreements openly and respectfully. It can reduce conflict, lower costs, and produce outcomes that work for everyone, particularly when children are involved.

Legal Separation

If you are not ready or willing to pursue a full divorce, legal separation may provide the structure and legal protections you need while you determine the future of your marriage. We guide clients through the legal separation process in Waukesha County, addressing custody, support, and property matters while preserving your options.

What to Expect 

Below is a general outline of what to expect during the divorce process. Please keep in mind that every case is different, and the specific process, timeline, and requirements will vary depending on the facts involved.

For more information on what to expect, dress code, etiquette, and questions the judge may ask you, visit our blog. 

Filing Separately or Jointly

The divorce process in Waukesha County begins when one spouse files a Summons and Petition for Divorce with the Clerk of Circuit Court, or when both spouses file a joint petition. If the case is not filed jointly, the filing spouse must arrange for the divorce papers to be formally served in accordance with Wisconsin law.

Responding to a Divorce Summons 

The responding spouse is required to file a written response within a specified period, often 20 days, although the exact deadline may vary depending on the method of service and the circumstances of the case.

Waiting Period

Wisconsin law imposes a mandatory waiting period. In most cases, a divorce cannot be finalized until at least 120 days have passed from the date the respondent is served (or from the filing date in a joint case).

Temporary Orders

Early in the case, the court may enter temporary orders addressing issues such as use of the marital home, support, payment of expenses, and, if children are involved, legal custody and physical placement. Not all cases require temporary orders, but when they are entered, they remain in effect until modified or until the case is finalized.

Financial Disclosure & Discovery

As the case progresses, the parties are generally required to exchange financial information, including details about income, assets, and debts. In some cases, the parties may also use formal discovery tools to obtain additional information necessary to resolve disputed issues.

Mediation & Parenting Issues

If the parties have minor children and there is a dispute regarding legal custody or physical placement, the court will typically refer the matter to mediation through Family Court Services, unless mediation is waived due to factors such as hardship or safety concerns.

Settlement or Trial

Many cases are resolved through agreement. If the parties can reach a complete agreement on all issues, they may submit a written stipulation to the court and proceed to a final hearing without a contested trial. 

Finalizing the Divorce 

Once all issues are resolved, either by agreement or court decision, and the required waiting period has passed, the court may enter a final judgement of divorce. 

Take the First Step Today

You do not have to navigate divorce alone. We offer in-person meetings at our Brookfield office, as well as consultations by phone or Zoom. Extended hours are available by appointment so we can find a time that works for you.

Call us at (262) 205-0705 or contact us online to schedule a confidential consultation.