Divorce is a complex legal process that involves emotional, financial, and legal considerations. Despite how complicated it can become, some people believe they do not need a Wisconsin divorce lawyer representing them; instead, they choose to go the “do-it-yourself” route. The following are some of the reasons why it is important to have an attorney advocating for you. 

Navigating Complex Laws

Divorce laws can be intricate and vary from one jurisdiction to another. A divorce lawyer possesses in-depth knowledge of the legal intricacies and procedures related to Wisconsin family law. They can help you understand your rights, responsibilities, and the legal implications of every decision you make throughout the process.

Ensuring Fair Treatment

A divorce lawyer is your advocate, working diligently to protect your rights and interests. They can help ensure that you receive a fair share of marital assets, that child custody arrangements are just, and that you are not subjected to unfair financial burdens, such as excessive spousal support or child support payments.

Every year, the month of October is designated as National Domestic Violence Awareness Month, with the goal of raising awareness about the devastating impact of domestic violence.

Domestic violence affects millions worldwide. In the United States alone, one in four women and one in nine men have experienced physical violence from an intimate partner. However, it is believed those numbers are actually higher because many cases go unreported due to fear, shame, or lack of awareness of available resources.

It is estimated that nearly 20 people per minute are physically abused by an intimate partner in the United States. This results in approximately 20,000 calls to domestic violence hotlines daily.

When it comes to family law issues, child custody disputes can be some of the most emotionally charged and complex cases. When situations come up where a child's immediate safety or well-being is at risk, Wisconsin’s family law system provides a mechanism known as an "ex parte child custody order" that allows a court to take urgent action to protect a child, even without the full participation of both parents. The following is an overview of ex parte child custody orders. For more detailed information on your situation, contact a Wisconsin family lawyer from our firm.

What Is an Ex Parte Child Custody Order?

An ex parte child custody order is a court order that is issued without prior notice to or in the presence of one party involved in a custody dispute. "Ex parte" is a Latin term meaning "from one side" or "by one party." Basically, an ex parte order is one where the court makes its decision based on the information and argument presented by the petitioner (the party who is requesting the order) without allowing the respondent (the other party) to present their side to the court.

When Are Ex Parte Child Custody Orders Issued?

Ex parte child custody orders are used in emergency situations where immediate intervention is necessary to safeguard a child's safety or well-being, such as:

A high-asset divorce is one where the couple has a million dollars or more in assets. While any divorce can be complicated, high asset divorces face unique challenges due to the often complex nature of the assets and property the couple owns. The high asset divorce process typically takes much longer than a standard divorce, often requiring the assistance of not only a Wisconsin divorce attorney experienced in high net-worth divorces, but also involving a variety of financial professionals, as well.

Asset Valuation and Ownership

Many high-net-worth couples own a diverse range of assets. This can include real estate, financial accounts, stocks, bonds, collections, businesses, and more. In order to obtain an accurate total of the marital estate, the value of each of these assets needs to be determined. While the value of some assets may be simple (i.e., a retirement account), determining the value of other accounts may be more difficult (i.e., business valuation).

The ownership of some of these assets may also be in question – is the asset a marital asset (acquired during the marriage) or is it separate property (owned prior to the marriage)? Only those assets that are determined to be marital assets are included in any division of assets in the final divorce settlement.

When married parents decide to legally end their relationship, one of the key issues that will be addressed in their divorce is child custody. However, when parents who were never legally married decide to end their relationship, there is no required legal process and so addressing child custody and parenting time must be pursued in a legal action all on its own. There are unique issues that unmarried parents must address that married parents do not. The following is a brief overview of this process. For more detailed information about your particular circumstances, contact a child custody lawyer.

Parental Rights

Under Wisconsin law, when parents are unmarried, the mother has sole custody until there is a court order that says otherwise. In order to pursue any parental rights, the father’s name must be on the child’s birth certificate. Otherwise, the father will need to ask the court to establish paternity before any type of custody or parenting time can be awarded. This can be done through genetic testing or signing a voluntary acknowledgment of paternity

Although mothers have sole custody in the above situation, it should never be assumed that mothers have greater custody rights than fathers. When paternity has been established, both parents have equal parenting rights under the law and any custody decisions the court makes are based on the best interest of the child doctrine.