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John T. Fields & Associates Providing Virtial and Phone Consultations to Manage COVID-19 Concerns
The COVID-19 (coronavirus) pandemic continues to dynamically change and impact our daily lives. Our client support services remain uninterrupted. We have adjusted our client support to manage everyone's safety.
John T. Fields & Associates continues to work diligently to manage the safety of our legal professionals, staff and the community while at the same time providing the best client care through this period.
We want to assure clients that your level of service will not be disrupted and our law firm will work with you to ensure your legal matter continues to move forward as efficiently as possible during these uncertain times.
As an added precautionary measure, John T. Fields & Associates also offers clients the option of meeting with an attorney over the phone or via a virtual Zoom video conference.
Clients in Madison, Milwaukee, Racine, Waukesha and Brookfield have the added option of scheduling their virtual consultation online. Just follow the link to your local office page and complete the consultation form.
Mediation in Family Law
Mediation is a tool used by the courts in many types of family law cases.
Mediation is used during the divorce process, to settle disputes between two parents that are not married and to settle matters between the parties after the divorce is over. The role of a mediator is to be a neutral party that can be objective, and help you and your spouse or child's parent communicate effectively and find a way to meet in the middle, so to speak. When you file a case in the family court, you are usually automatically ordered to attend a session of mediation with a court appointed mediator. In other cases, you and the opposing party can hire a private mediator, who is usually a retired judge or a very experienced attorney. Let's take a look at a few scenarios and see how mediation could be of use. Perhaps you find yourself in a similar situation.
During the Divorce Process
Scenario #1
You and your spouse cannot agree on custody and placement of the children, and the court has ordered you to attend a mediation session. This is a setting in which a mediator can help you and your spouse communicate as to what the best interests of your children are. You do not have to come to an agreement in mediation. In fact, in many contested cases, mediation fails because one party is overly demanding, and was never going to come to an agreement anyway. If this is the case, the court will most likely order a Guardian ad Litem to be appointed to your case. A Guardian ad Litem is an attorney that is appointed to represent the best interests of the children in a custody or placement dispute.
How to Start a Divorce in Wisconsin
“I want a divorce.”
We all hate those words in that combination. We never want to hear them, but many of us have, either directly or indirectly.
If only saying those words can make a divorce happen, like spreading magic dust or saying “Beetlejuice” three times. Alas, divorce is not easy, and in some ways it should not be that easy. A marriage is a legal contract, after all.
To break that contract takes preparation. Before you utter those words, you should know about legal steps to take to get a divorce in Wisconsin
Get Proper Divorce Forms in Wisconsin
The good news is, Wisconsin is a no-fault divorce state, which means you don't need legal “grounds” to file a divorce (such as abuse, infidelity, etc.). In that sense, it can be “easier” to get a divorce.
However, as you might guess, it still requires many legal forms to get filled out.
Some counties in Wisconsin may have slightly different versions of these forms, or additional forms than these, so it will be important to check with your local court to find out what they specifically require. Statewide, however, you are required to fill out the following:
Contested vs Uncontested Divorce
Are you nervous about the cost to file for divorce in Wisconsin?
If you've already made the difficult decision to sever a relationship with a spouse, it may help to know that costs vary widely depending on how a divorce is contested.
Regardless of whether your Wisconsin divorce is contested or uncontested, having an attorney that will represent you with confidence makes all the difference. Many clients in Dane, Columbia, Rock, Sauk, Jefferson and Green counties have chosen John T. Fields & Associates to handle their legal situation. A trusted firm with deep knowledge of the law, our attorneys do not stop until you receive the best possible settlement in a divorce case.
A divorce settlement can be reached with or without a trial. As a general rule, costs associated with uncontested divorce in Wisconsin run significantly lower than contested cases.
Wisconsin Uncontested Divorce Cases
One of the most important factors affecting the cost to file for divorce in Wisconsin is the level of cooperation between spouses. Jointly filing, the easiest way to complete an uncontested divorce, makes the entire process much more predictable, less time consuming, and far less expensive.
What to Know Before Filing for Divorce in Dane County, WI
Making the decision to file for divorce is never easy.
When a relationship falters and seems beyond the point of repair, it might make sense for both parties to legally part ways. While difficult, certain factors can make filing for divorce less of a burden. It certainly pays to have the preparation and determination of an experienced Madison divorce lawyer. An adequate legal representative must have keen familiarity with all Wisconsin divorce laws that may impact a case.
Understanding Wisconsin divorce laws
For those wondering if they actually have legal grounds for a divorce in Wisconsin, it's important to understand that Wisconsin is a “no fault” divorce state. This means the petitioner, or the person filing for divorce, doesn't need to prove any wrongdoing from the other party. Irreconcilable differences, or irretrievable breakdown, is the only ground required when filing.
Before looking into how to get a divorce, it helps to understand the residency requirements of Wisconsin divorce law. At least one spouse must have legal residency in the state of Wisconsin for 6 months prior to filing. They also need to be legal residents of the county in which they file for at least 30 days.
How Do Wisconsin Courts Decide Child Custody?
Children are perhaps the most at risk for trauma in a divorce, legal separation or custody case.
This is why, in Wisconsin, the child's best interests are always considered first. The courts in Wisconsin handle custody cases in a conciliatory way, where the first presumption is that it is in the best interest of the child to have equal contact and visitation with both parents.
Joint custody is the initial presumption, and developments during a custody proceeding may or may not push the judge to issue sole custody and visitation to one parent over the other based on various circumstances and factors
Child Custody and Placement
Some of the vital decisions before a Wisconsin family court will involve custody and placement. Custody is the legal right of a parent (or both parents in a joint-custody case) to make major life and legal decisions about their child(ren), including school, religious beliefs and worship attendance, getting a driver's license or consent to marry as examples.
What to Do When You Are Served With Divorce Papers
Help! I just got served with divorce papers!
State law has very specific provisions outlining how the divorce process in Wisconsin begins. When someone gets served divorce papers, their best response is to immediately contact a Madison divorce attorney. Under the divorce laws in Wisconsin, the filing spouse becomes the “petitioner” in a serious legal action against the “respondent.” If the respondent doesn't obtain expert legal advice, they could be disadvantaged by lack of clarity on their rights and responsibilities. The divorce papers will specify a response deadline, and missing it could result in a default judgment against the respondent.
Be aware that default judgments result in the petitioner getting everything they made a claim for in the divorce papers. This is especially troubling for respondents as divorce petitions often include unreasonable, outlandish, and even insulting requests. Respondents should keep a level head; these requests are made with the expectation of negotiations and counterclaims, but failure to respond could have life-altering consequences. The Madison divorce lawyers at John T. Fields and Associates understand the game and the stakes of high asset divorce… and will fight like a pitbull to win.
Pension Rights and Your Divorce
Whether negotiating a settlement or engaging in a high asset divorce dispute, rights to retirement savings and pensions are incredibly important.
Pensions and retirement savings are valuable bargaining chips are often overlooked by spouses preoccupied with establishing possession of more tangible properties like houses and vehicles. Divorcing couples tend to view the house as the most valued property in an adversarial dispute, but securing rights to pension plans and other investments often provides greater long-term benefits to the asset holder.
Divorce Assets Worth Fighting For
There are many kinds of accounts to be divvied up in a Wisconsin high asset divorce. Different kinds of accounts have different rules affecting marital property division. Some factors include:
- the valuation of comparable accounts
- investments under the spouse's name
- the length of the marriage
Some of the most commonly disputed marital assets include:
Coping With A Difficult Spouse
Dealing with a uncooperative spouse during the divorce process can be very stressful.
Even the most amicable divorce comes with its fair share of stress, but when one spouse is determined to make the situation as difficult as possible, it can seem unbearable. Perhaps one spouse does not want the divorce and they may try to do anything they can to slow the process, hoping the other party will eventually be willing to reconcile. Or, perhaps one spouse is financially dependent on the other and does not want to lose the financial support they had while married. And then there's always the spouse that may see their attempts to complicate the divorce process as their way of “getting even” with their spouse.
The number one issue that divorcing couples have are problems communicating. Communication between spouses may have been difficult prior to the marriage disintegrating, but after the divorce is filed it can become nearly impossible. There are things that can make communication more clear and smooth during the divorce process.
FAQ: When Is A Party Entitled To Maintenance?
A divorced party is not automatically entitled to alimony or maintenance.
The law acknowledges that marriages are partnerships and even though one party may not have worked at a wage paying job, he or she is presumed to have contributed equally to the marriage in other ways.
These contributions could be:
- child rearing
- managing a household
- providing physical and emotional support to the wage earning spouse
The party asking for maintenance must have a need for it and the other party must have the ability to pay. If both side's criteria exist then the court will look at a number of factors to determine not only the amount of maintenance to be paid but also for how long it is to be paid.
The factors included would be:
- Length of marriage
- Age and physical and emotional health of the parties
- The division of property
- Educational level of each party at the time the action is commenced
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
608-729-3590
