About Schwei & Wendt, S.C.
Schwei & Wendt, S.C. handles divorce Waukesha and family law matters for clients across Waukesha County, providing the focused, client-centered representation that families navigating separation and custody disputes deserve. The firm’s practice in Waukesha — Waukesha County’s seat and a growing suburban community west of Milwaukee — positions it to appear regularly in the Waukesha County Circuit Court, where family law matters are handled by a dedicated family division. Schwei & Wendt emphasizes advising clients on their options and guiding them forward through each stage of the legal process.
The firm’s practice extends to the full range of family law matters that intersect with divorce in Wisconsin: property division under the state’s marital property framework, child custody and placement schedules, child support calculations, and spousal maintenance. Wisconsin’s community property approach to marital assets — one of only nine community property states — means that division analysis begins from a presumption of equal division, though the court retains discretion to depart from that default based on statutory factors.
Divorce Waukesha Practice Areas
The Waukesha County Circuit Court Family Division, located at 515 W. Moreland Blvd. in Waukesha, handles all divorce and custody proceedings for the county. Waukesha County is one of Wisconsin’s most populous counties, with a high volume of divorce filings and a court calendar that rewards attorneys who are familiar with local procedures and judicial preferences. The county’s suburban demographics — many households with significant marital assets including real property, retirement accounts, and business interests — give Wisconsin’s equal property division presumption particular practical importance in Waukesha divorce cases.
- Divorce and legal separation proceedings
- Child custody and physical placement schedules
- Child support and modification proceedings
- Spousal maintenance and property division
What Waukesha Clients Say
Clients of Schwei & Wendt describe a firm that takes time to explain options and keeps clients informed throughout what is often the most stressful legal process of their lives. The combination of experienced counsel and clear communication is particularly valued in Waukesha County divorce proceedings, where custody and asset issues can take months to resolve in circuit court.
Serving: Waukesha and Waukesha County
Practice Focus: Divorce, child custody, property division, spousal maintenance
Local Courts: Waukesha County Circuit Court, Family Division (Waukesha)
Key Stat: Wisconsin is a marital property (community property) state — most assets acquired during marriage are presumed to be divided equally in divorce proceedings (Wisconsin Statute § 767.61).
Key Resource: Wisconsin Court System
Related Guide: Divorce Attorneys in Wisconsin
Frequently Asked Questions
How does Waukesha County Circuit Court divide marital property in a Wisconsin divorce?
Under Wisconsin Statute § 767.61, Waukesha County courts begin with a presumption of equal (50/50) division of all marital property — which includes most assets acquired during the marriage, regardless of whose name is on the account or deed. The court can depart from equal division based on factors such as the length of the marriage, each spouse’s economic circumstances, contribution to the marriage, tax consequences, and the value of property each spouse brought into the marriage. Pre-marital assets and inheritances may be treated as individual property if properly documented and maintained separately.
How is child custody determined in Waukesha County family court?
Wisconsin family courts distinguish between legal custody (decision-making authority over major life decisions) and physical placement (where the child lives day-to-day). Waukesha County Circuit Court applies the “best interests of the child” standard under Wisconsin Statute § 767.41, weighing factors including each parent’s relationship with the child, stability of each home, the child’s adjustment to school and community, and each parent’s willingness to support the other’s relationship with the child. Joint legal custody is common; placement schedules vary significantly based on the specific circumstances of each family.
How long does a divorce take in Waukesha County, Wisconsin?
Wisconsin imposes a mandatory 120-day waiting period from the date the divorce petition is filed before a final judgment can be entered — regardless of whether both parties agree. Uncontested divorces with no minor children and agreed-upon property division often resolve close to the 120-day mark. Contested divorces involving custody disputes, business valuations, or significant asset division typically take 12 to 18 months or longer in Waukesha County Circuit Court. Retaining a divorce attorney early in the process and preparing financial documentation thoroughly can reduce delays.


