While the overall divorce process can be emotionally draining, those involving child custody can be especially stressful. Parents need to understand that once the issue is resolved and the court has made its decision, they will now have to co-parent together, and any residual feelings left by a bitter custody battle can get in the way of that, making a significant impact on their child’s life.

The following are some factors to remember as you navigate through this process. Having a skilled Wisconsin family lawyer advocating for you will ensure your parental rights are protected, and your child's best interests remain top priority.

Prioritizing Your Child's Well-Being

Child custody disputes can often become acrimonious, but it is crucial to remember that the child's well-being should always come first. When the court makes its final decision, it is doing so based on the best interest of the child doctrine. The judge will consider your child’s age, physical and emotional needs, and the ability of each parent to provide a stable and nurturing home.

Even the friendliest of divorces can have some level of contention between the divorcing spouses. These disagreements, however, pale in comparison to the battles that mark a high-conflict divorce. A high-conflict divorce is a distressing and tumultuous process marked by intense disagreements, emotional turmoil, and legal battles between the couple who are trying to end the marriage. This is why it is important to have a Wisconsin divorce lawyer advocating for you and protecting your interests during this process.

Factors That Can Trigger High-Conflict Battles

When one or both spouses refuse to work together or engage in vindictive behavior, it can create a toxic atmosphere that makes resolution nearly impossible. This lack of willingness to cooperate and negotiate can quickly turn a divorce into a high-conflict situation. Legal battles become the norm rather than the exception. Spouses may hire aggressive attorneys who fuel the conflict rather than promote resolution. These legal battles can drain financial resources and prolong the divorce process.

Some of the most common factors that result in a high-conflict divorce include:

For some people who are going through a divorce, the thought of dating and new relationships is the last thing they want to think about. For others, especially when the breakdown of the marriage has been a long time in coming, the thought of meeting new people and dating is exciting. But many people wonder if you should date while your divorce is still pending. A Wisconsin divorce lawyer can help guide you through this and other questions you may have about the divorce process.

The Difficulties Dating May Cause in a Divorce

There are several issues that dating can cause in a divorce, especially one that is already contentious. This is especially true if you have children and there are custody issues that need to be addressed. You can be assured that your spouse’s legal team – and likely your spouse’s friends and family – will be scrutinizing everything you do. This is why you should avoid posting anything on your social media accounts that can be used against you.

However, many people do not realize that dating apps also fall into that category. If you are on a dating app, anything you post on that profile could also be introduced to the court to try to show that you are not looking out for your child’s best interest by bringing strangers into your child’s life. Even if this is not true, the information could still be twisted in such a way that the court may believe it.

One of the most common issues that comes up when discussing the topic of divorce is the division of assets that the couple has acquired during their marriage. When a couple makes the decision to divorce, those assets need to be divided between the two of them. The majority of states use the equitable distribution principle, which means that each spouse will receive an equitable share of the assets, but not that share will not necessarily be 50 percent. However, Wisconsin is a community property state, which means that in most cases, a couple’s assets will be divided in a 50/50 split.

One issue that many do not consider is that the debts of the marriage also need to be included in the division of the marital estate. The following is a brief overview of how this division is often done. For more detailed information about your situation, consider speaking with a divorce attorney.

Identifying Marital Debt

The first step in deciding how a couple’s debts will be divided is identifying and categorizing which debts are marital and which debts are separate. Marital debts are those that were taken on during the marriage and used for the benefit of the family and/or household. Separate debts are those that were acquired either before the couple was married or after the couple separated. In most situations, the marital debt will be divided, but the separate debt will remain the responsibility of the spouse who incurred the debt.

When a person is arrested for operating while intoxicated (OWI) in Wisconsin, they face the potential of harsh penalties if convicted, including suspended driver’s license, fines, and even the potential of jail time if they have prior offenses. Another very critical issue that an OWI conviction can cause is the significant impact it can have on child custody.

Child custody is awarded based on what is in the best interest of the child and if there is any behavior by either parent that raises concerns about the safety and well-being of the child, the court may find it relevant enough to impact its decision. The following are some of the ways an OWI conviction can affect the court’s decision.

Parental Fitness

Family law judges place a high emphasis on the safety and well-being of the child. An OWI conviction may imply to the court that the parent’s behavior is irresponsible and a high risk to the child’s safety. The conviction may also raise concerns about the parent’s ability to prioritize the child’s needs and their ability to make sound decisions.