Divorce Lawyer Milwaukee - An Interview with Pamela Resnick
Q. Tell us about yourself and your practice.
A. I have a general practice with an emphasis in the following areas - Family Law (includes divorce, paternity and child custody matters), personal injury probate and real estate.About 50% of my practice is in the family law area.I went to UW-Madison for my undergraduate degree and graduated cum laude from Gonzaga University Law School.I have been in practice since 1981.I practiced with my father Marvin Resnick ,since 1981 until his death in 2004.My father was in practice since 1950.I have been divorced myself and have two children.I am remarried with three stepchildren.This personal experience has added a lot of dimension to my family law practice.You can learn more about me and my practice at my website ; resnickandresnick.com
Q. Do you offer a free initial consultation?
A. Yes, I will usually do a free consultation up to an hour.
Q. How long do you take to process a divorce?
A.There is a statutory waiting period in Wisconsin of 120 days from the date the other party receives or is served with the papers.The average divorce will take anywhere from 4 to 6 months.This would be a case that does not have a lot of issues.If the divorce is contentious, it can take over a year.
Q. Does your office offer paralegal services to help with simple document filings?
A. The only documents that I will file are those that I draft at my office.I will not usually draft divorce pleading without representing the individual officially in the divorce process.
Q. What should one do, if served with divorce papers?
A.The Divorce Summons and Petition requires that a formal pleading called an Answer be filed,within 20 days of receipt of the divorce document.It is best to consult an attorne, as soon as possible, after receipt of the divorce pleadings.Oftentimes, there is also an Order to Show Cause pleading, which will notice a court appearance before the family court commissioner to make temporary orders on child support maintenance and custody and placement.
Q. How does one begin the divorce process?
A.The process is started with the filing of a Summons and Petition for Dissolution.Those pleadings are served personally on the other party by the Sheriff or a process server.It is also possible for the other party to admit service of the documents in the office of the attorney who has filed the pleadings.
Q. What is a fault-based divorce?
A. Wisconsin has abolished fault based divorce.We are a no fault state.That means that the grounds for all divorces are irretrievable breakdown of the marriage.Neither party will be punished with regard to custody placement or finances based on fault (unless the fault affects their ability to parent their children and impacts a court’ s custody and/or placement determination).
Q. Can either party prevent the entry of a divorce decree?
A.It is very difficult to prevent the entry of the divorce.If one party feels the marriage is irretrievably broken and the other party does not, the court will most likely find that the marriage is irretrievably broken and grant the divorce.
Q. What are the grounds for a divorce?
A.As I stated previously in Wisconsin irretrievable breakdown of the marriage is the only grounds for divorce as we are a no fault state.
