As an experienced Greater Milwaukee Family Law Attorney, I am skilled at guiding individuals and families with family-law problems through the complexities and difficulties of the legal process. For 25 years I have represented clients in Ozaukee, Milwaukee, Waukesha, Washington, and Sheboygan counties, in the following practice areas:

• Divorce and Legal Separation
• Paternity
• Custody and Placement and Visitation
• Child Support
• Maintenance (Alimony)
• Asset and Debt Division
• Enforcement and Modification Proceedings
• Restraining Orders
• Pre-nuptial and Post-nuptial Agreements
• Post-Divorce Issues
• Appeals

My dedication to you is evidenced by the fact that I handle all cases personally, providing individual attention at every phase, rather than putting you off to an associate or a paralegal. As a skilled Milwaukee Family Law Attorney, my experience and dedication will be invaluable in assisting you through the legal process with a maximum of understanding and a minimum of stress.

Why You Should Trust Me to Represent You:

• Family Law litigation can be very complex and upsetting. It involves many legal and factual issues, often in a highly emotional environment. I provide a caring environment for clients and have developed an insight into all types of case problems that may come up.
• In practice since 1980, I have handled hundreds of Family Law cases throughout Southeast Wisconsin.
  
• Many decisions in your case must be made carefully since they will have important effects on your future. My attention to detail while analyzing your particular situation enables me to first consider all the available alternatives and to advise you of the pros and cons and potential consequences of each choice you face.
  
• I believe the best way to represent you is to learn about you, your situation, your motivations and your goals. I provide personal attention and service to each and every client.
  
• I am concerned about each client and strive to make their legal experience as easy as possible. I avoid surprises by telling clients what to expect and what might happen during the case.
  
• Without an experienced Family Law attorney guiding you through the process, your rights regarding your children, your property and your income could be at risk.
  
• Other areas of my legal practice help provide him with insights into many facets of the relationship between laws that might otherwise be overlooked.
  
• My office in Mequon is conveniently located just off I43 and is very accessible from all areas of Southeast Wisconsin. If needed, appointments may be arranged for times after hours or on weekends.

Recent Cases:

Practice Areas and Legal Definitions

Divorce:
A court of law is the only way one can obtain a divorce decree, dissolution, legal separation, nullity or other form of terminating a marriage.  Other than the termination of the marital estate, the court also has jurisdiction to resolve other issues that are intertwined in the existing marriage which include, but are not limited to: custody and visitation rights, division of property of the marital estate, spousal support, child support, restraining orders, etc.

Property and Debt Division:
Marital property attained during marriage, regardless of whose name it is under, can be divided.  Marital property can include real estate (including a home bought in contemplation of marriage), pension plans, vehicles, bank accounts, income tax refunds and/or household furnishings.  However, property that is inherited by one spouse is not considered marital property, i.e. a family business or estate.  If you are contractually bound with your ex-spouse on a debt, the creditor can require the entire payment of that debt from your share of the community property even though the divorce decree assigns the debt to your ex-spouse.  Depending on the terms of your divorce decree, you may be able to have certain support obligations under the divorce decree determined to be non-dischargeable by the bankruptcy court or in state court.

Prenuptial Agreements:
A prenuptial, or premarital agreement (often referred to as a "pre-nup") is a written contract created by two individuals who plan to be married.  This agreement lists all individually owned property, such as homes and businesses, family assets, stocks and bonds, savings accounts as well as debts, and specifies what will and will not remain individually owned property after the legalization of marriage.  Prenuptial agreements also specify whether spousal support will be paid in the event of a divorce, and the intentions regarding distribution of individually owned property upon death.

A factor that cannot be stipulated in a prenuptial agreement is child support.  A couple cannot lawfully agree in a prenuptial agreement that either part will in no way be responsible for child support.  Also, a few states do not allow prenuptial agreements to modify or eliminate the right of a spouse to receive court-ordered alimony at divorce, although a prenuptial agreement can facilitate in the degree of compensation.

Child Custody:
Custody is the charge and control of a child, including the right to make all major decisions such as education, religious upbringing, training, health and welfare.  Custody usually refers to a combination of physical custody and legal custody.  Many factors influence an award of custody and the way a case is presented in court can have a large impact on the result for you and your children.  If you are awarded the children as a primary custodial parent, it has far reaching consequences both to you and to their well-being and development.

Child Support:
Child support is a periodic payment made to a custodial parent from a non-custodial parent to help compensate a child's living expenses, i.e. food, clothes, etc., and any other related debts.  When one parent is awarded sole custody, as in the event of a divorce, the non-custodial parent is required to fulfill his or her child support obligation by making set payments, whereas the custodial parent meets his or her support obligation through the custody itself.  When parents are awarded joint custody in a divorce, however, the support obligation is shared and is based on a ratio of each parent's income and the amount of time the child spends with each parent.

The obligation to support minor children cannot be waived by either parent and is a right enjoyed by the child, not the parent.  Each state has guidelines that factor the amount of child support, such as the amount of time spent with the child, the income of both parents and the standard of living the child is accustomed to.  The court may allow deductions for items such as catastrophic medical expenses and travel expenses for visitation.

Jurisdictional Issues:
When faced with a relocating custodial parent, the court will general require that parent to give the other parent a minimum amount of notice prior to the anticipated move.  This notice gives the non-custodial parent an opportunity to go to court and seek orders restraining the relocation of the child. 

These so-called move away cases have gone back and forth on allowing and disallowing a move by the custodial parent with the minor children for over 20 years.  While the best interests of the child have always been central to the decision, the uncertainty has made this area murky.  Prior to the Uniform Child Custody Jurisdiction and Enforcement Act, when parents sought an advantage in a custody tug-of-war, they would move to a "friendly" jurisdiction (that is, a region with a history of rulings favorable to their position). However, after the UCCJA was adopted by all 50 states, family law courts were forced to defer jurisdiction to the home state, and this custody battle tactic lost favor.

Spousal Support (Alimony):
Alimony is temporary or permanent financial support paid from one separated spouse to the other, either in one lump sum or in installments.  Alimony is designed to provide the lower-income spouse with money for living expenses over and above the money provided by child support.  Alimony differs from child support because it is at the discretion of the judge.  Child support is usually determined by state-sanctioned guidelines.

There are several factors a judge considers when deciding whether to grant alimony. These differ from state to state, of course, but they usually involve things like the parties' relative ability to earn money, both now and in the future; their respective age and health; the length of the marriage; the kind of property involved, and the conduct of the parties. In general, about the only time a judge will award alimony in most states is where one spouse has been economically dependent on the other spouse for most of a lengthy marriage.

Adoption:
Adoption is the legal process by which a person becomes a lawful member of a family different from their birth family.  Once a final order of adoption has been ruled by a court of law, the adoptive parents gain the same rights and responsibilities as parents whose children are born to them; subsequently, an adopted child gains the same rights as birth children in regard to inheritance, child support and other legal matters.  In most U.S. jurisdictions, at the time the adoption is finalized, the adopted child's name is legally changed and the court orders the issuance of a new, amended birth certificate.

Divorce Mediation:
The basic attitude marking divorce mediation is a focus on solving problems, not fighting the fight. Family mediation is a voluntary process which gives a divorcing or separating couple the opportunity to make their own arrangements for their financial and personal future, while protecting themselves and their children from distress and the needless expense of litigation.  The strength of a mediated agreement is that it is built by both parties together in an open process that requires all participants to recognize and make accommodation for the needs of the other participants, often without having to compromise one’s own.

While no two situations are alike, the emphasis in a mediated approach is to achieve a satisfactory settlement in an efficient, cooperative manner.  This might include "four-way" settlement conferences where the parties meet along with their divorce mediation lawyers to work on a settlement.  The philosophy of Divorce Mediation is that as much effort should be exerted toward settlement as is traditionally spent in preparation for and conducting a trial.

Paternity:
Paternity covers all the matters related to proving the parentage of a child or children. For married couples, paternity of a child is assumed to be the spouse, unless there is a court order or judgment stating otherwise. For unwed parents, paternity can be established by signing an Affidavit of Parentage or by filing a paternity action with the court.

Legally establishing paternity or determining that someone is not the parent of child can have a significant impact on divorce settlements, property division, child custody, child support and the ability to move out of state.  Determinations of paternity can also have a significant impact on interstate conflict between unwed parents.

If you or someone you know needs the assistance of an experienced Milwaukee Family Law Attorney, call Donald Fraker today at 866-772-1995 , or complete the contact form provided on this site to schedule your initial consultation.

If you or someone you know needs the assistance of an experienced Milwaukee Family Law Attorney, call Donald Fraker today at 866-772-1995 , or complete the contact form provided on this site to schedule your initial consultation.

ADDRESS OF FIRM:
Fraker Law Firm, S.C.
1340 Towne Square Rd
Mequon, WI 53092
Telephone: 866-772-1995
Fax: 262-241-8228

MEMBERS OF THE FIRM:

Donald Fraker

EDUCATION AND HONORS:

• Certificate in Labor Management Relations through the Continuing Legal Education Program at Marquette University (1986).
• J.D. at University of Wisconsin Law School (1980).
• Bureau of National Affairs United States Law Week Award (1979).
• B.S.S. at Cornell College in Mount Vernon, Iowa (1977). Graduated magna cum laude, with majors in Philosophy, Psychology, and Sociology.
• Co-Founder and Co-President of Phi Kappa Nu social group at Cornell College. (1975).

CERTIFICATES OF ADMISSION:

• Wisconsin Bar (June 1980)
• U.S. Dist. Court, Western Dist. Wisconsin (June 1980)
• Ohio Bar (Nov. 1980)
• U.S. Dist. Court, Southern Dist. Ohio (Dec. 1980)
• U.S. Dist. Court, Eastern Dist. Wisconsin (Nov. 1983)
• Seventh Circuit Court of Appeals (Sept. 1990)

• Wisconsin Bar Association (1980 - present)
• Ohio Bar Association (1980 - present)
• Seventh Circuit Bar Association (1980 - present)
• Dayton Bar Association (1980 - 1983)
• Milwaukee Bar Association (1983 - present)
• Waukesha County Bar Association (1984 - 1987)
• Ozaukee County Bar Association (1992 - present)
• Collaborative Family Law Council of Wisconsin (2001-present)

COMMUNITY AND OTHER ORGANIZATIONS:

• American Civil Liberties Union (1983 - 1987)
• Board of Friends of the Milwaukee Repertory Theater (1993 - present)
• Milwaukee Symphony Friends
• Skylighters