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Recent Blog Posts
What Are the Causes of High-Conflict Divorces?
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.
Can You Date While Going Through a Divorce in Wisconsin?
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.
The Complexities of High-Asset Divorce
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).
How Are Debts Divided in a Wisconsin Divorce?
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.
How Can a Parent’s OWI Conviction Impact a Child Custody Case?
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.
What Happens When Unmarried Parents Split Up in Wisconsin?
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
Reasons Why You Should Hire a Child Custody Attorney
Child custody is one of the most complex – and emotional – areas of family law. After all, the final child custody order issued by the court will determine how much time you will actually have with your child. In order to obtain the best decision possible based on the circumstances of your case, it is essential to have a knowledgeable and experienced child custody attorney by your side, advocating for your parental rights and protecting your child’s best interest.
The following are some of the key reasons why you should retain a child custody attorney for any custody issues you may be facing.
Knowledge and Skillset
Child custody cases involve complex legal procedures and intricate family laws. A child custody attorney focuses their services in this area of law and possesses in-depth knowledge of the relevant statutes, regulations, and legal precedents. Their skillset ensures that your case is handled with care and precision.
When Can I Request a Child Custody Modification in Wisconsin?
A 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.
5 Tips for Protecting Your Rights During a High-Conflict Divorce
High-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.
Parental Relocation in Wisconsin: When Can a Parent Move with a Child?
Co-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.
From our office in Madison, Wisconsin, we provide representation for clients in communities throughout Dane County, Green County, Columbia County, Sauk County, Dodge County, Jefferson County, and Rock County, including Middleton, Waunakee, DeForest, Sun Prairie, Cottage Grove, Monona, McFarland, Fitchburg, Stoughton, Oregon, Verona, Mt. Horeb, Monroe, Portage, Baraboo, Reedsburg, Beaver Dam, Waupun, Watertown, Jefferson, Fort Atkinson, Whitewater, Janesville, and Beloit.
Results listed are not a guarantee or indication of future case results.
2810 Crossroads Dr., #4000, Madison, WI 53718
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