Practice Areas

During what can be the most difficult part of your life, you need an advocate you can count on that will fight for your interests — no matter what. Let Hahn, Wallace & Associates help by handling all the legal aspects of your case.

A divorce has both short and long-term economic and financial implications, and we can handle everything from property division to maintenance to asset valuation. If you have children, we can help you create custody and placement arrangements that are in their best interests. We also work with well-respected professionals in the industry to help you with divorce financial matters, such as obtaining business valuations, vocational evaluations, and pension valuations.

The divorce process doesn’t have to be as challenging as you might fear. With meticulous preparation, a carefully crafted plan, and strong advocacy on your behalf, Hahn, Wallace & Associates can guide you through your divorce and help you chart the course for the next phase of your life.

Wisconsin Statute § 767.315 outlines the grounds for divorce and legal separation.

Legal Separation

Understand why legal separation could be a solution for you.

There are many reasons for obtaining a legal separation, but no matter what yours might be, Hahn, Wallace & Associates will work on your behalf to create a beneficial situation for you now and into the future.

To be legally separated, both spouses must testify under oath that the marital relationship is broken. And if you cannot agree on reconciliation, either spouse may file a motion to convert the separation into a divorce after one year of legal separation.

We will help you understand additional specifics of what a legal separation entails and how it differs from a divorce, such as that you cannot marry another person while legally separated. We’ll also inform you of potential financial advantages including the possible availability of insurance coverage. By educating you about these and other issues involved with a legal separation, together we can determine if this option is right for you.

Wisconsin Statute § 767.315 outline the grounds for divorce and legal separation.

Call Hahn, Wallace & Associates today to see how we can help you.

CALL (608) 243-1230

Collaborative Law

A cooperative solution outside of court.

At Hahn, Wallace & Associates, we understand some people prefer to avoid the uncertain outcome of having their case settled in court and to instead reach a settlement that meets the interests of both parties without the underlying threat of litigation.

We can help you do that with a process known as a collaborative divorce in which we will work with you to achieve a mutually acceptable agreement with your spouse in a cooperative, non-adversarial manner. This option provides a unique and flexible approach to assist families in resolving their issues respectfully and based on their wishes.

Along with your spouse and his or her representation, you will execute a formal agreement stating both parties will resolve their issues, rather than the court doing so in a contested hearing. If either party changes their mind and chooses to litigate an issue, the previously hired professionals must withdraw.

The collaborative approach is used to address the same issues as traditional divorce cases such as finances, child custody and placement, child support, property valuation and division, and maintenance, among others.

Custody

(Wisconsin Statute § 767.41) Custody refers to the legal authority a parent has to make decisions for their minor children. If spouses share children, custody is determined in a legal separation or divorce action. In Wisconsin, it is presumed that joint legal custody is in the best interest of minor children involved in divorce or legal separation proceedings. In some cases, the court will determine that due to certain circumstances, one parent may be awarded sole legal custody. This decision-making authority extends to school choice, religion, non-emergency healthcare, etc.

Placement

(Wisconsin Statute §767.41) Placement, also referred to as visitation, is defined as the period of time when the minor children are physically with a parent. The court shall set a placement schedule that allows the child to have regularly occurring, meaningful periods of physical placement with each parent that maximizes the amount of time the child may spend with each parent, taking into account geographic separation and accommodations for different households. Children may be placed equally with parents or may be ordered to have more placement with one parent depending on circumstances. During placement, the parent caring for minor children has the legal authority to make normal decisions regarding the child’s care and activities.

Child Support

(Wisconsin Statute § 767.511) Child support may be ordered by the court for a child who is under the age of 18 or who is 18 and still attaining their high school diploma (or its equivalent). Child support is intended to assist in covering the children’s basic support costs such as housing, clothing, food, transportation, etc. It is calculated based on the physical placement schedule and incomes of both parties, along with additional factors the court deems important.

Maintenance/Alimony

(Wisconsin Statute § 767.56) Maintenance is a payment from one spouse to the other that may be ordered during the legal separation/divorce process if determined appropriate by a judge. This may be ordered for a limited or an indefinite length of time. Factors the court may consider for granting maintenance include length of marriage, age and health of the parties, division of property, educational level of parties, earning capacities, tax consequences of parties, etc.

Property Division

(Wisconsin Statute § 767.61) In Wisconsin, there is a presumption that property, other than property received as a gift or through inheritance, will be divided equally. However, there are several factors which may be cause for an unequal division of property. These factors include, the length of marriage, the property brought to the marriage by each party, whether one spouse has substantial assets not subject to division by the Court, and more. If there is an equalization payment due from one spouse to another, it may be in the form of a cash payment or a division of accounts.

Call Hahn, Wallace & Associates today to see how we can help you.

CALL (608) 243-1230

Paternity

Establishing paternity can be essential for all involved.

When it comes to establishing paternity, the stakes are high — for the entire family — because granting legal rights for a father allows him the chance to be a part of his child’s life. These cases also can impact such things as custody, placement, and child support.

Hahn, Wallace & Associates is determined to achieve the best resolution for our client in these cases.

A paternity action may be brought to challenge or confirm the biological father of a child. Those who may bring an action or file a motion to determine the paternity of a child include, but are not limited to, the child, the child’s mother, a male alleging himself to be the father of the child, or the guardian ad litem.

Wisconsin Statute § 767.80 outlines paternity proceedings.

Custody/Placement

A paternity judgment may affect custody or physical placement with respect to persons who have been adjudicated a parent of the child.

Child Support

The court may make orders requiring either or both of the parents to contribute to the support of any minor child, establishing the amount of the father's obligation to pay or contribute to the reasonable expenses of the mother's pregnancy and the child's birth, requiring either or both parties to pay or contribute to the costs of the guardian ad litem fees, or requiring either party to pay or contribute to the attorney fees of the other party. If paternity is established, liability for past support of the child shall be limited to support for the period after the day on which the petition, motion or order to show cause requesting support is filed in the action for support. Call Hahn, Wallace & Associates today to see how we can help you.

Call Hahn, Wallace & Associates today to see how we can help you.

CALL (608) 243-1230

Temporary Restraining Orders & Injunctions

As our client, protecting your rights is one of the duties we value most at Hahn, Wallace & Associates. Whether you are seeking a temporary restraining order (TRO) and/or injunction against another individual or you are the subject of one, we are here to listen, offer guidance and support, and collaborate on a strategy to ensure your rights are fully recognized.

A temporary restraining order prohibits an individual from engaging in certain types of behavior, and may result in orders that prohibit a person from committing acts of domestic abuse or harassment, avoiding the petitioner’s residence, avoiding contact, etc. If the TRO is granted, it provides protection in the short term until an injunction hearing is held to review the petition. At the hearing, the Court will determine if an injunction should be granted. If it is granted, it will protect the petitioner for a longer period of time, between two and 10 years. The three types of restraining orders that our office can assist with are harassment, child abuse, and domestic violence.

Wisconsin Statute § 813.12 outlines domestic abuse restraining orders and injunctions in detail.

Harassment

Harassment is a broad category. Under Wisconsin statute, harassment includes striking, shoving, kicking, other physical contact, child abuse, sexual assault, stalking, threats or attempts to do any of these, or conduct or acts that harass or intimidate another person that serve no legitimate purpose.

Child abuse

Under Wisconsin law, behavior that qualifies as child abuse includes, but is not limited to, causing physical injury to a child, trafficking a child, sexual assault or exploitation of a child, manufacturing methamphetamine when a child is present, or causing emotional damage to a child because of neglect.

Domestic Violence

Domestic abuse/violence occurs between adult family/household members, adult caregivers against someone under their care, former spouses, adults with a dating relationship, or adults who have a child together. Behaviors that constitute domestic violence are intentional infliction of physical pain/injury, intentional impairment of a physical condition, sexual assault, stalking, intentional damage to physical property belonging to petitioner, or a threat to engage in the conduct of these behaviors.

Call Hahn, Wallace & Associates today to see how we can help you.

CALL (608) 243-1230

Grandparent Rights

Striking a balance can be key to grandparents rights.

Hahn, Wallace & Associates recognizes the special connection that exists between grandparent and grandchild, but also the right of parents to act in what they see as the best interests of their children.

There may be situations in which grandparents, or others, file for visitation, and the court may grant reasonable visitation rights to them if the parents have notice of the hearing and if the court deems the visitation to be in the best interest of the child. Although parents have the right to raise their children how they see fit (so long as their child’s physical and emotional needs are met), in certain circumstances the court will allow grandparents, and certain other persons, to have reasonable visitation with the minor children even if against the parent’s wishes.

Hahn, Wallace & Associates has extensive experience in grandparents’ rights cases and can help your family arrive at a solution that is in the best interests of the child.

Wisconsin Statue § 767.43 outlines the visitation rights of certain persons, including grandparents, great-grandparents, stepparents, or a person who has maintained a relationship similar to a parent-child relationship with the child.

Guardian Ad Litem

Performing an essential duty for your child’s interests.

A Guardian ad Litem (GAL) is an attorney who represents the best interests of minor children. They are not advocates for either parent. GALs must be appointed if there is a dispute about the legal custody or physical placement of the minor children or if the court has reason for special concern as to the welfare of a minor child.

Hahn, Wallace & Associates regularly receives referrals from other attorneys on behalf of their clients, as well as frequent appointments by commissioners and judges, to fill the role of a GAL.

As a Guardian ad Litem, we investigate what is in the best interests of your child and give recommendations to the court regarding custody and physical placement.

We understand the grave responsibility in performing these important duties to help ensure the welfare of children. Additionally, if you are seeking a GAL, we can make a recommendation to the court for one we think would be a good fit for your case.

Wisconsin Statute § 767.407 outlines the appointment process, qualifications, responsibilities, and compensation of Guardian ad Litems.

Call Hahn, Wallace & Associates today to see how we can help you.

CALL (608) 243-1230

Prenuptial & Postnuptial Agreements

Prenuptial and Postnuptial Agreements.

Prenuptial and postnuptial agreements give you greater flexibility and control over how your assets and debts will be divided with your spouse in the event of divorce, legal separation or death. Hahn, Wallace & Associates realizes these agreements can be a delicate subject for married or soon to be married couples, and we treat them with the sensitivity they require.

Also known as marital property agreements, prenuptial and postnuptial agreements are written contracts that are signed by both spouses, either before or during their marriage, that establish property and financial rights of both spouses in the case of divorce or death. Spouses hire separate attorneys to represent them in drafting and signing a prenuptial or postnuptial agreement. These agreements are enforceable in Wisconsin courts, so long as certain statutory criteria are met.

Without a marital property agreement, the Court will consider all assets to be divisible, unless they are inherited or gifted. Marital property agreements help maintain and divide assets upon a divorce or death, in a manner the spouses choose.

Hahn, Wallace & Associates can help you better understand the various factors, such as prior investments, property or whether you have children from a previous marriage, that might make a prenuptial and/or a postnuptial agreement the right choice for you.

Wisconsin Statute § 766.58 outlines prenuptial and postnuptial agreements.

Guardianship of Children

We make sure the child always comes first.

Guardianship is a specific legal status between a child and an adult caregiver. The legal guardian of a child is allowed to make legal decisions and sign paperwork for a child, such as documents relating to medical or educational matters. Guardianships may be permanent until the child turns 18, or they can be temporary, if a child needs a legal guardian for a specific period of time.

Wisconsin Statute § 48.9795 outlines who can petition for guardianship of a child, which includes a child’s parent, guardian or legal/physical custodian, etc. A petition for guardianship shall include the facts and circumstances establishing that the child's parents are unfit, unwilling, or unable to provide for the care, custody, and control of the child or other compelling facts and circumstances demonstrating that a guardianship is necessary.

Whether your are an individual seeking to be named as a guardian or a parent wishing to contest a guardianship, we have the expertise to guide you through the process.