In the realm of Wisconsin family law, “service by publication” is often viewed as the procedural safety net of last resort. Under Wis. Stat. section 801.11(1)(c), when a spouse cannot be located after “reasonable diligence,”[1] the law allows for notice to be published in a newspaper to satisfy due process. However, for practitioners dealing
Family Law Blog | Family Law Section
Blog Authors
Latest from Family Law Blog | Family Law Section
Divorce by Affidavit: What Wisconsin Family Lawyers Need to Know

May 11, 2026Divorce by Affidavit: What Wisconsin Family Lawyers Need to KnowDivorce by affidavit offers a more flexible path for uncontested divorce cases in Wisconsin, particularly for clients facing scheduling, mobility, distance, child care, or emotional barriers to appearing in court. Tiara Oates outlines the requirements, benefits, and possible drawbacks of using this new process.…
Family Lawyer as Problem Solver
Both the public and the profession will benefit from a renewed effort by lawyers to do so. The profession will benefit by helping more people (and getting more business) and the public will
…
Why Wisconsin’s Balance Placement Standard Works without a Presumption of Equal Time
The current physical placement standard directs courts to maximize the time children spend with each parent consistent with their best interest. This strikes a thoughtful and flexible balance that a more inflexible presumption of equal placement cannot match. By focusing
…
The Case for Mental Health Training in Law School – A Proposal
This conversational-style article explores the ways that we, as family law attorneys, must address mental health issues, from our clients’ cases to our own lives.
More importantly, we have to start looking at how we best address mental health struggles in our practice and lives.
We are Called ‘Counselors!’
Have you ever asked yourself why…
Addressing Issues of Cellphones and Social Media Access in Custody and Placement
Decisions involving cellphone and social media access for minor children have become one of the biggest aspects of parenting in today’s age. Those decisions impact everything from communication to safety to social development to mental health.
Case law on the issue of cell phones and social media access is scant, which suggests these issues have…
Equal But Not Separate: Joint Custody Means Both Parties Must Agree
There are a lot of differing opinions about whether one custodial parent may make a major decision for a child independently and without the involvement and consent of the other custodial parent. The history of joint custody and placement in Wisconsin is an evolving one.
Father to Mother to Equal
In summer 1983, the
Marquette…
Newly Adopted Bill Addresses Custodial Questions for Deployed Parents

As of March 11, 2022, Wisconsin parents who receive notice of deployment have new options available regarding custodial responsibilities for their children during deployment.
The Uniform Deployed Parents Custody and Visitation Act (UDPCVA) creates Wis. Stat. chapter 324, specifically addressing custody and visitation issues for deployed parents. The Act expands the ability of both parents…
Alternative Ways to Resolve Child Custody Disputes During the Pandemic
Two years on, the COVID-19 pandemic is a daily reality that the millions of single, divorced, and separated parents across the country are struggling to navigate, and things are only getting more complicated. Parents are increasingly fighting over children’s vaccines, masks, remote schooling, and travel due to the differing views on COVID-19 safety.
With society…
Pro Tip: Know Your Local Court Rules – Here’s How
If you have a multi-county practice or accept a case in a county where you do not routinely practice, you should immediately become familiar with the local court rules in that county.
Court rules vary from county to county and cover many diverse issues, such as the timelines for filing exhibits and filing briefs, due…