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Recent Blog Posts

When Can I Request a Child Custody Modification in Wisconsin?

 Posted on June 09, 2023 in Divorce

Madison Parenting Time LawyerA child custody order is a legal arrangement that establishes the rights and responsibilities of parents regarding the care and custody of their children. Under Wisconsin law, neither parent can request changes to the order for at least two years unless they can show that there are circumstances that necessitate this change. The following is a brief overview of child custody modification. For more detailed information, contact John T. Fields & Associates, LLC.

Substantial Change in Circumstances

As mentioned above, a parent must show there have been significant changes that warrant a change in custody in order to request a modification before the two years is up. Some of these changes can include a change in the custodial parent’s living arrangements, their physical or mental health, or their employment status. If there are concerns about a parent's fitness or misconduct, such as abuse, neglect, substance abuse, or criminal behavior, the court may consider modifying the custody order to protect the child from potential harm.

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5 Tips for Protecting Your Rights During a High-Conflict Divorce

 Posted on May 23, 2023 in Divorce

Madison Divorce LawyerHigh-conflict divorce cases are complicated, frustrating, and exhausting. Anyone who has gone through a divorce case involving a spouse who refuses to cooperate, withholds information, or otherwise makes the divorce as difficult as possible can attest to just how difficult high-conflict divorce is.

If you are getting divorced and there is little hope of an amicable separation, protecting yourself, your rights, and your finances is essential. Make sure you work with a divorce attorney who is familiar with the unique complications and difficulties associated with a high-conflict divorce.

Take inventory of Your Assets and Debts

When preparing for your divorce, one of the best things you can do is to take a full accounting of your financial situation. This is especially critical if your spouse was the one who typically handled financial issues such as paying the bills or managing investments. You need to know what you own and what you owe so you can make informed decisions regarding property division, spousal support, child support, and other financial matters during your divorce.

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Parental Relocation in Wisconsin: When Can a Parent Move with a Child?

 Posted on May 04, 2023 in Uncategorized

Dane County Child Custody LawyerCo-parenting with an ex can be tricky, and the situation becomes even more complicated when a parent wants to move to a new residence with the child. If you or your child's other parent are interested in relocating, it is essential that you understand Wisconsin law regarding parental relocation. In this blog, we will discuss the basics of parental relocation in Wisconsin, what happens when a parent disagrees with a proposed relocation, and how Wisconsin courts make decisions about what is in a child's best interests.

What is Considered a Relocation Under Wisconsin Law?

If a parent moves within the same town or school district, this can typically be accomplished without the court’s involvement. The parents may need to work out a few minor issues, such as transportation of the child to and from school, but a parent will not be required to get court permission to move.

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6 Tips for Negotiating a Child Custody Plan That Works for Everyone

 Posted on October 16, 2020 in Uncategorized

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It's no secret that divorces can be angry and nasty affairs rife with fighting and poor behavior. When you add children to the mix, though, it gets even more complicated.

Working out child custody is often harder than working out any potential alimony, split assets, or even the divorce agreement itself. You're responsible for making sure not only that the plan works for the child (and this should be your primary focus) but that it also works for both parents.

This is easier said than done.

We want to offer some advice. If you're in the midst of arranging a child custody plan, or you know that one is on the horizon, continue reading for our 6 top tips on making sure that everyone leaves happy.

1. Think of the Child

Divorce is messy and parents caught in the whirlwind of it can find themselves acting out towards each other. It's easy to blame the other parent or want them to "pay" for the things that caused the divorce in the first place.

Your child should be your top priority, though. They aren't responsible for your separation and they don't have a clear idea of what's going on. Whether your kid is a baby, a toddler, a young child, a pre-teen, or a teenager, they need to know that they're being considered and that they're not being used as a bargaining chip.

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7 Questions to Ask Your Potential Divorce Lawyer in Madison, WI

 Posted on October 16, 2020 in Uncategorized

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If you are thinking about divorcing your spouse, you surely have a lot on your mind.

The end of a marriage is challenging in so many ways and it is never easy for anyone involved.

You'll need a divorce lawyer to get the job done, but do you know how to find the right one? You will want the process to be as easy and as unstressful as possible.

If you're looking for a divorce lawyer in Madison, WI, or anywhere in the United States, read on. Check out this list of questions to ask any potential divorce lawyers you consider. It will help you determine which of them will be a good fit for you and your situation. These questions will guide you to make the hiring of a divorce lawyer far easier and more bearable.

How to Find a Divorce Lawyer

When it comes to finding a divorce lawyer, many people have no idea where to begin. One way to find a great one is by asking close friends or colleagues for recommendations. If you wish to keep your pending divorce private for now, you can find local divorce attorney listings through a simple online search.

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Who Qualifies For Spousal Support? What You Need To Know

 Posted on August 27, 2020 in Uncategorized

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There are 1.2 million divorces each year, with many cases requiring one spouse ordered to pay spousal support. If you've been involved in divorce proceedings and think that you may have to pay spousal support or are asking for alimony, there are some things that you need to understand.

We're going to give you all the facts that you need to know before seeking or paying spousal support. The more you know, the better off you'll be.

Who Qualifies for Spousal Support?

If you're the person that is going to pay spousal support or are seeking spousal support, you need to know if you qualify for support in the first place. Generally, the awarding of spousal support will depend on the specific circumstances that surround your divorce.

If you were married for more than five years, you may be awarded support or required to pay support.

Factors to Determine Maintenance

Spousal support in Wisconsin based on alimony law is determined by several factors that will help the court to judge things like how much money will be awarded and the length of time that the support will be provided. One of the first things that will be considered is the length of time that the couple was married.

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Your Must-Read Guide to Alimony Law

 Posted on August 07, 2020 in Uncategorized

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2.9 divorces occur for every 1,000 people. If you find that you're going through a divorce, then you may also have heard the term alimony thrown around. Before you are faced with alimony payments, you must know the ins and outs of Alimony law.

In this guide, we're going to provide you with all of the information that you need to know as it pertains to spouse maintenance. Please continue reading below to find out everything that you need to know.

What is Alimony?

Before we can begin to talk about Alimony law, you must understand what alimony is. Alimony is when the court orders one party to pay their former space a specific amount for a specified duration of time.

There are several reasons that your former spouse may be awarded alimony including:

  • Low income
  • No income

If you were the family's breadwinner, you could expect to pay some form of spousal support. However, some things can also terminate spousal support, which we will get into in just a moment.

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Understanding and Navigating Child Support in Madison

 Posted on August 06, 2020 in Uncategorized

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Divorce is a stressful and sometimes nasty experience for anyone, but when children are in the mix, child support can make it far more complicated.

When dealing with custody and child support tempers can flare, especially if the split wasn't amicable to begin with. It's important to protect the children from the disagreements of the parents, but how does all of this work?

It's confusing and that confusion can often prompt arguments and full-on fighting. We're here to help you out so that you don't have to get to that point.

If you're separating from your spouse in Madison, Wisconsin, we have some of the answers for you.

Keep reading to learn more.

First: On Custody

When two parents are no longer married (or no longer living together, depending on circumstances) there have to be custody agreements put into place. These custody agreements then create a path toward determining child support payments.

The judge wants to give the results that work in the child's best interest regardless of how the parents feel. This isn't a perfect process, but the judge will work to the best of their ability to satisfy all parties while giving priority to the child.

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5 Great Family Lawyer Tips to Keep in Mind

 Posted on July 29, 2020 in Uncategorized

Are you in the middle of a family divorce between yourself and your spouse and in need of family lawyer tips? If so, then your first priority becomes finding the right attorney to represent you.

Make no mistake about it, this process will be a grind. It will take all the effort in you not to let emotions get in the way. It's about making conscious decisions to follow the steps your family lawyer gives you to increase the odds of success.

Because of that, there are several family lawyer tips that you need to consider. See below for a list of recommendations you should consider for your familial divorce process.

1. Leave Expectations at the Door

It doesn't matter whether this is your first time going through a legal divorce or your third time going through it, every process is different.

Because of that, you want to leave all expectations out the door. Don't walk into your first meeting with your family divorce lawyer expecting to win $100,000, custody of your children, or anything of that matter.

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5 Tips For Dealing With a Divorce Litigation

 Posted on July 28, 2020 in Uncategorized

Unfortunately, somewhere between 40-50% of marriages will end in divorce litigation and separation.

There are several different ways that a divorce could be handled, including divorce litigation where the parties handle the split of their lives in court. Divorce litigation is an overwhelming process for most parties involved.

We've compiled the best tips for handling this process to make it as easy as possible. Following these suggestions will help you move quickly and be able to move forward with the rest of your life.

1. Decide If Court Is Right for You

Before you jump into divorce litigation and enlist a lawyer or attorney to help you in court, it might be helpful to try other avenues to end your marriage.

Going through the court can be an expensive and painful process. So if you can handle the separation of assets on your own or outside of court with a lawyer, it can make things much more simple.

But, in many cases, that isn't possible and settlement will only be reached through the court system.

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