Family legal matters are deeply personal. We handle them with discretion, efficiency, and a focus on outcomes that protect what matters most to you.
Request a Free ConsultationFamily law cases are unlike any other area of legal practice. The outcomes directly affect your children, your finances, your home, and your daily life in ways that a criminal case often does not. At Mitnick & Draper we understand that family law clients are not just legal matters — they are people navigating some of the most difficult and emotionally charged situations of their lives.
Our approach to family law is built on three principles. First, we listen. Before we discuss legal strategy we want to understand what you are trying to protect and what outcome matters most to you — whether that is maximizing your time with your children, protecting the home you built together, achieving a clean financial break, or simply resolving the situation as quickly as possible with minimal conflict.
Second, we negotiate aggressively wherever it serves your interests. Litigation is expensive, slow, and emotionally draining. Where a negotiated resolution can achieve your goals we pursue it with the same tenacity we bring to the courtroom. John Draper's background as a certified mediator is a significant advantage in family law cases — he understands how to find resolutions that both parties can accept, which typically results in faster outcomes and better long-term co-parenting relationships when children are involved.
Third, when the other side will not negotiate fairly we litigate without hesitation. Some opposing parties or their attorneys take unreasonable positions hoping you will cave to avoid a courtroom fight. We do not allow our clients to be bullied into bad outcomes. We are fully prepared to argue your case before a Milwaukee County judge and we have a strong track record of favorable custody and property outcomes at trial.
Whether you are contemplating divorce, fighting for custody of your children, seeking to modify an existing order, or dealing with a domestic violence situation that requires immediate protective action, Mitnick & Draper is ready to stand beside you.
Every family situation is different. We start by understanding what outcome matters most to you — protecting time with your children, preserving financial stability, or moving forward quickly.
Litigation is expensive and emotionally draining. Where resolution outside the courtroom serves your interests we pursue it aggressively using every tool available.
When the other side will not negotiate fairly we are fully prepared to take your case before a judge and fight for everything you are entitled to.
Wisconsin courts make custody decisions based on the best interests of the child. Factors considered include the wishes of the child if they are old enough to express a preference, each parent's relationship with the child, each parent's ability to provide a stable home environment, the child's adjustment to home school and community, and the mental and physical health of all parties. Wisconsin law presumes that joint legal custody — shared decision making — is generally in the child's best interest unless there is a history of domestic violence or other factors that make it inappropriate.
Legal custody refers to the right to make major decisions about your child's life — education, healthcare, religion, and extracurricular activities. Physical placement refers to where the child lives and spends time. Parents can share legal custody — meaning both have input on major decisions — while one parent has primary physical placement. Wisconsin courts look at these two issues separately and the arrangements do not have to mirror each other.
Wisconsin has a mandatory 120-day waiting period from the date the divorce petition is filed before a divorce can be finalized. In practice most divorces take longer — simple uncontested divorces with no significant assets or children can often be completed in 4 to 6 months. Contested divorces involving significant assets, business valuations, or custody disputes can take a year or more.
Wisconsin is a community property state meaning that marital property — generally everything acquired during the marriage — is presumed to be owned equally by both spouses and divided equally in a divorce. However there are exceptions for property brought into the marriage, inheritances, and gifts. The court can also deviate from equal division if fairness requires it based on factors like the length of the marriage, each spouse's contribution to the marital estate, and each spouse's earning capacity going forward.
Yes. If you are in immediate danger from a domestic partner or family member you can request a temporary restraining order from Milwaukee County Circuit Court. These can be obtained on an emergency basis without the other party being present. The order can restrict the other party from contacting you or coming near your home, workplace, or children's school. A hearing is then scheduled within 14 days to determine whether a longer-term injunction should be issued. Contact us immediately if you need emergency protective action — we can help you navigate this process quickly.
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