Call Us Today 608-729-3590
Recent Blog Posts
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.
6 Tips for Negotiating a Child Custody Plan That Works for Everyone
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.
7 Questions to Ask Your Potential Divorce Lawyer in Madison, WI
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.
Who Qualifies For Spousal Support? What You Need To Know
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.
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
