Call Us Today 608-729-3590
Recent Blog Posts
How Wisconsin Courts Determine the Best Interests of the Child
In Wisconsin, child custody encompasses the legal rights to decision-making and the physical responsibilities involved in parenting. Before determining the final custody order, the court carefully considers how the distribution of these parental obligations will impact the child’s best interests. To do that, a judge considers several factors. Before you file for custody or if the other parent of your child has already filed for custody, consider speaking with an experienced Dane County, WI child custody attorney to learn more about your rights and the legal process.
What Factors Influence the Court's Decision In an Illinois Custody Case?
The factors considered in custody and physical placement determinations are outlined in Wisconsin law, and they were specifically designed to ensure that the child’s best interests are protected when creating a custody order. These factors include:
What Happens to My House in a Divorce?
Your house is more than just a place to live — it is your biggest investment, your family’s base, and maybe the one thing you are desperate to hang onto in your divorce. If you are going through a divorce in Wisconsin and wondering what happens to your home, you are not alone.
Whether only your name is on the deed or you bought the place together, dividing real estate is one of the most heavily contested issues in divorce. At John T. Fields & Associates, LLC, our Wisconsin divorce attorney does not tiptoe around these battles — we fight to protect what matters to you.
What Does Wisconsin Law Say About Property Division?
Wisconsin is a community property state, which means most property — including your home — is considered joint marital property if it was acquired during the marriage. That means it is typically split 50/50 during divorce, regardless of who paid the mortgage or whose name is on the title.
3 Critical Facts About Wisconsin Restraining Orders
An average of 24 people per minute are domestically abused in the United States, including rape, physical violence, and stalking. When domestic abuse occurs, obtaining a restraining order may be essential for safety’s sake. Understanding restraining orders is an important step to taking legal action to protect you, and potentially your children.
Our experienced Wisconsin family law attorney at John T. Fields & Associates, LLC understands the restraining order process and can explain your options in a legal consultation today. Call 608-729-3590 to discuss your restraining order case now.
Four Types of Restraining Orders in Wisconsin Law
A restraining order - or protective order - is a court order issued by a family court judge that enacts restrictions on someone who allegedly committed domestic abuse or other illegal actions that have caused injury. They may also be used when a person’s actions have caused someone else to reasonably fear being harmed. Four types of restraining orders are authorized under the law:
How Can I Navigate a High-Conflict Child Custody Case?
Child custody cases can be emotionally challenging, especially when parents are in high conflict. In Wisconsin, courts prioritize the child’s best interests, but navigating a high-conflict case requires strategic planning, clear communication, and a firm understanding of legal procedures. If you are facing a highly contested custody dispute, speak with a skilled Madison, WI family law attorney to understand how best to approach the case while protecting your rights and ensuring your child’s well-being.
What Happens During a High-Conflict Custody Battle?
A child custody case is considered high-conflict if the parents have severe disagreements on major issues like where the child will live, how they will divide the child’s time, and who will make important decisions that affect the child, for example, regarding education, healthcare, and other important aspects. These cases can involve multiple hearings, accusations of parental alienation, false allegations of abuse or neglect, and significant emotional strain on everyone involved.
What Can I Do If I Suspect Parental Alienation in Wisconsin?
Parental alienation is when one parent intentionally undermines their child’s relationship with the other parent. It can take many forms, with some being harder to detect. A parent can lie about the other parent, make derogatory comments that let the child understand how negatively they feel, keep the child away from the other parent but claim that the other parent refuses to attend visitation or manipulate the child into rejecting the other parent. If you are a victim of parental alienation, speak with a qualified Madison, WI family law attorney to understand your options for protecting your relationship with your child and addressing the issue legally.
How Can I Tell if This Is Parental Alienation?
You cannot take action to stop parental alienation if you are not sure that is what is happening. It is important to recognize the signs so you can understand how to move forward. Some common indications include:
Coping with False Abuse Allegations During Divorce
Some spouses will do almost anything to get an advantage in a divorce. Lying about what one’s spouse has said or done is exceptionally common in high-conflict divorce cases. However, making up abuse allegations takes this dishonest strategy to its extremes. Few things that can happen during a divorce are more painful than being falsely accused of abusing your spouse or worse, your children. If your spouse has a history of lying to get his way, it is best to be prepared for these types of allegations to surface. If your spouse has acted abusively toward you in the past, you should be aware that abusers often deflect blame from themselves by accusing their victims of the same acts they themselves committed. You will need an aggressive Rock County, WI high-conflict divorce lawyer to help you fight back. Abuse allegations could impact your child custody issue significantly if your spouse is believed.
When to Litigate Your Divorce Without Trying Mediation
Mediation is recommended to most spouses who are getting divorced, but uncontested divorce is not for everyone. Even courts frequently encourage divorcing spouses to try for an uncontested divorce. In some divorces, there is such animosity between the parties that reaching an agreement is unlikely. In others, trying to use mediation or even attorney-led negotiation might put one party at risk of being manipulated or even harmed by an abusive or narcissistic spouse. In some high-net-worth divorces, there is simply so much at stake that divorce litigation is likely to be well worth it for the prevailing party. Your Madison, WI divorce attorney may recommend proceeding straight to litigation if circumstances like these are present in your case.
Mediation and Narcissistic Spouses
Narcissists are notorious manipulators. A narcissist may see divorce mediation as an opportunity to convince you to stay. Some narcissists will use a love-bombing technique by making overly gracious offers, only to change their minds when their partners try to accept and move forward with the divorce. Others will simply keep stalling indefinitely just to maintain control over their spouses for as long as possible. If you have identified your spouse as a narcissist, it may be best to litigate your divorce without attempting out-of-court resolution talks.
Should I Get a Restraining Order During Divorce?
Restraining orders can be a valuable tool for people who have experienced domestic abuse. Domestic abuse does not mean only physical violence - other forms of abuse, such as stalking and making threats, can count as domestic abuse for the purpose of getting a restraining order. Having a restraining order in place can greatly reduce the chances that your spouse will commit further abuse against you or your children during and after your divorce. Even once you have a restraining order, it is still important to take steps to protect yourself, such as changing the locks on your doors and installing a security camera at your door. Your spouse may choose to violate the terms of the restraining order, but having one in place can enable the police to intervene immediately if your spouse attempts to make contact with you or appears at your home or workplace. An experienced Rock County, WI domestic abuse attorney can help you apply for a protection order.
Preparing for Divorce After a Long Marriage
Divorce after a very short marriage often moves quite quickly. Spouses who were only married for a few years have not had much time to build up a marital estate. They are less likely to have had children, especially if the marriage was not very sound from the beginning. Spouses who have been married for a long time usually have more complex divorces. There is a lot more marital property to divide, and long-married spouses often have more complex property types that are not always as easy to divide. While your children are likely grown adults, you will still need to navigate future holidays and family events. Then, there is the personal side of getting a fresh start as a mature adult. If you are ending a long marriage, you need to be represented by an aggressive Madison, WI divorce lawyer.
Property Division, Alimony, and Complex Financial Situations
The longer you have been married, the more intertwined your finances are with your spouse’s. You likely share some appreciating assets, like a vacation home you rent out for extra income or a strong stock portfolio. Creative solutions are often called for. Some spouses continue co-ownership of some assets after divorce because it is easier for their family and prevents financial losses.
Options if a Child Will Not Cooperate in Custody Exchanges
Co-parenting can bring a lot of new and significant challenges to your life. Most children want to maintain a relationship with both parents and look forward to seeing both. However, some children do favor spending time with one parent over the other. Sometimes, this is because your child took sides in your divorce. Other times, it is because one parent is less permissive than the other, or because one parent lives near the child’s longtime friends and the other has relocated. Children who feel strongly about staying with one parent may start refusing to cooperate with custody exchanges. If your child is protesting a custody exchange, there are some steps that you as a parent can take to ensure both compliance with your court-ordered child placement schedule and your children’s safety and well-being. An experienced Madison, WI child custody lawyer can step in if legal action is needed.
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
