tag:blogger.com,1999:blog-84751279201782617422024-03-06T12:00:53.050-08:00Divorce in WisconsinLakeland Law Firm, LLChttp://www.blogger.com/profile/11751420631219936546noreply@blogger.comBlogger12125tag:blogger.com,1999:blog-8475127920178261742.post-32545570224627133562010-11-14T20:50:00.000-08:002010-11-14T21:05:07.429-08:00Waukesha County Specific Rule ChangeNormally, I try to make blog postings Wisconsin specific, not county specific. However, there has been a rule change in Waukesha County that will effect anyone paying or receiving child support under a Waukesha County order. If your child child support was established in Waukesha County Circuit Court, please keep reading. <br /><br />Under the new <a href="http://www.waukeshacounty.gov/Courts.aspx?id=34916#pt3">Waukesha County Court Rule 3</a>, Child support is STOPPED when your youngest child turns 18 years old even if he or she is in highschool UNLESS the parent receiving child support sends the Waukesha County Child Support Office a letter from the child's school "with a currently dated letter from the child's school, on school letterhead, that states that the child is enrolled and attending classees and the date of expected graduation. This letter must be provided to the child support office before the child's 18th birthday. A copy of the letter must be provied to the child support office and to any other party under the local five-day rule. Upon receipt of this letter and proof that a copy was provided to the other party, the income assignment for child support will be continued through the anticipated date of graduation, or to age 19, whichever occurs first." <br /><br />A parent receiving child support MUST keep their address up to date with the Child Support Office, not just the Clerk of Courts, otherwise Child Support will not send a reminder letter to the right address. If you do not receive a reminder letter from Child Support, child support will be stopped anyway and you will need to file a motion or a stipulation signed by both parents to re-start child support.Lakeland Law Firm, LLChttp://www.blogger.com/profile/11751420631219936546noreply@blogger.com1tag:blogger.com,1999:blog-8475127920178261742.post-62878542990384299292010-09-16T07:42:00.000-07:002010-11-14T21:04:38.535-08:00Recommended ReadFor anyone looking for information about the impact divorce or legal separation on children of various ages, I recommend a book by Marc J. Ackerman titled Does Wednesday Mean Mom's House or Dad's? (ISBN 978-0-470-12753-7). Less than 250 pages, this book is intended to be an easy read for a stressed, worried parent. The author is a well respected expert on child custody and is from Wisconsin.Lakeland Law Firm, LLChttp://www.blogger.com/profile/11751420631219936546noreply@blogger.com3tag:blogger.com,1999:blog-8475127920178261742.post-31165671806627215392010-01-31T06:26:00.000-08:002010-01-31T07:01:51.125-08:00Non-DivorceWith this recession has come a variety of articles about the non-divorce or roommate living arrangement between spouses. Whatever you call it, staying together because you cannot afford to live in two households can work. However, there are pitfalls to be sure. If you are trying to make the decision between staying together and filing for divorce, legal separation, or annulment, there are some commonsense objectives to keep in mind. First, do you both agree that it is over? If it is over for one and not the other, there is bound to be arguing, stress, and disappointment. What will be the impact on the children from watching this constant struggle play out each day? If both of you agree it is over, you need to set boundaries and ground rules to save your sanity and that of your children. When do you want to separate? A deadline gives you light at the end of the tunnel. Who is paying what? Is it time to separate checking accounts? Who is doing what chores around the house? Who is paying which bills? I know you are thinking, if we could agree on these things we would not need to separate. But, this is really about how much money is coming and how much is going out each month - simple budgeting, not about fair or equal. <br /><br />Giving the children the opportunity to spend time with one parent while the other parent takes a day or weekend off is something that seems to work for some people. It is similar to a nesting arrangement (see prior post), but it is an informal arrangement without lawyers, court orders, or a legal action. Aside from giving each of you a break, it has the added benefit of getting used to being without the children while the other has placement. <br /><br />Most importantly, talk to a therapist about how to make it work. Talking to others who have separated often gets you a long story about the worst of their situation. People only tend to remember the worst. <br /><br />If you want the strength of a legal document, instead of relying on your spouse to honor your verbal agreement, you should call an attorney who drafts marital agreements, also referred to as post-nups or post-nuptial. These agreements lay out what happens in the event of divorce or legal separation, and death. For example, it can spell out the children's placement schedule when a divorce is filed or who is responsible for certain debts. <br /><br />None of this will work if you are in a domestic violence situation. No post-nup should be worth the paper it is written on if it is the result of threats or coercion. Criminal cases resulting from domestic disputes and/or violence seem to be on the rise. Staying together to save money when your relationship that is verbally or physically abusive can come at the cost of medical bills, loss of reputation, criminal defense attorney fees, court fines and costs, even jail or prison. It is the opinion of this writer, that it is never worth the costs. Both spouses need the help of a therapist regardless of whether they stay together or separate. <br /><br />Keep in mind this blog is for Wisconsin residents only. As always, this is no substitute for legal advice from an attorney that knows your particular circumstances. No attorney-client relationship is formed between the reader and Lakeland Law Firm, LLC from reading this blog.Lakeland Law Firm, LLChttp://www.blogger.com/profile/11751420631219936546noreply@blogger.com11tag:blogger.com,1999:blog-8475127920178261742.post-27458126062825055962009-11-04T16:59:00.000-08:002009-11-04T17:06:24.337-08:00What is a Legal Separation?In Wisconsin, married spouses have the ability to legal separate from each other. The process is nearly the same as the process for obtaining a divorce. <em>See earlier posts regarding the divorce process.</em> The main difference is that at the end of the process couples are still married. Both husband and wife have to agree to be legally separated. If one parties decides he or she would rather be divorced before the legal separation is granted, the action is changed from a legal separation to a divorce. The seemingly good part about a legal separation is that after one year of being legally separated, a spouse can send in a standard form stating that he or she wants a divorce and neither party has to return to Court for the divorce to be granted. <br /><br />If you would like more information about legal separation, contact an attorney. As always, this and any blog posting are no substitute for legal advice.Lakeland Law Firm, LLChttp://www.blogger.com/profile/11751420631219936546noreply@blogger.com4tag:blogger.com,1999:blog-8475127920178261742.post-17511976396907080102009-10-19T07:54:00.000-07:002009-10-19T07:59:57.274-07:00Hiring a Divorce Attorney<p>Hiring an attorney can be a daunting task, especially when you are going to court over your children and everything you own. Below are some things to keep in mind when hiring an attorney. This is not an exhaustive list, but merely a started point. <br /></p><ul><li>Take advantage of free consultations. </li><li>Meet the attorney. Make sure it is someone that you can imagine talking to frequently for the next four-to-nine months, perhaps even longer. </li><li>Bring a list of questions to make the most of your free consultation time. </li><li>If your divorce, support or placement dispute case has already been started in court, bring copies of all of the relevant documents to your consultation so that the attorney can review them.</li><li>Inquire about fees and ask for a fee agreement to review. </li><li>Ask what percentage of the attorney’s practice is devoted to family law. </li><li>Ask questions aimed at getting a sense of the attorney’s general approach – are you looking for someone to make your spouse miserable, or are you looking for someone with a more cooperative approach?</li></ul>Lakeland Law Firm, LLChttp://www.blogger.com/profile/11751420631219936546noreply@blogger.com2tag:blogger.com,1999:blog-8475127920178261742.post-55550779461040715912009-09-24T20:15:00.000-07:002009-09-26T07:32:19.715-07:00Nesting ArrangementI tell people that the only limits on how to create a placement schedule for your children is your own imagination. That might seem like an odd statement, but what works for your children might not work for the family down the street. Children at different ages need different schedules. Often, it is easiest to start a separation by implementing a nesting arrangement. Instead of having your children bounce between households, you as the parents move in and out. For example, some teenagers can go a week without seeing one parent (or even noticing one parent is missing), so mom takes week one and dad takes week two. On Sunday at noon mom leaves for her parents for the week and dad moves in for the week. Next Sunday, mom and dad switch. When parents live it first, they can under the impact living in two households has on their children. (i.e. How aggravating it is leaving items behind on accident, like homework or a tooth brush. Parents also get the benefit of test driving a schedule to see if it works for the children before a divorce is final. But, nesting arrangements are not, repeat not, for everyone. If you are going to fight over who buys what for the house, who mows the lawn, who cleans, . . . its not for you. The children will be negatively impacted by the bickering and annoyed with having to call mom on dad's week to ask if they can drink mom's orange juice in the frig. <br /><br />While this posting is not full of legal terms or theories, I still have to remind readers that this is no substitute for legal advice from an attorney who knows your particular family situation.Lakeland Law Firm, LLChttp://www.blogger.com/profile/11751420631219936546noreply@blogger.com1tag:blogger.com,1999:blog-8475127920178261742.post-55065642872394290552009-09-03T09:07:00.000-07:002009-09-09T07:04:05.859-07:00What is the difference between custody and placement?Quite often, parents are confused by the terms "custody" and "placement" when they start legal proceedings involving their children in Wisconsin. I always start my explanation of placement by telling people that placement is where the children are physically during the week. For example, Mom has placement of the children on Mondays and Tuesdays, Dad has placement of the children on Wednesdays and Thursdays, and the children alternate weekends between Mom and Dad's homes.<br /><br />Custody is not as straight forward. Custody is defined as "... the right and responsibility to make major decisions concerning the child, except with respect to specified decisions as set forth by the court or the parties in the final judgment or order." Wisconsin Statute 767.001 (2). So what is a major decision? The statute goes on to say that a major decision "includes, but is not limited to, decisions regarding consent to marry, consent to enter military service, consent to obtain a motor vehicle operator’s license, authorization for nonemergency health care and choice of school and religion."<br /><br />Obviously, we are not talking about what cereal the kids eat for breakfast. But, what if that nonemergency health care involves braces? I want my child to have braces, but my former spouse says no? The best way to avoid being back in court after a divorce or paternity case is to raise these issues in the beginning. Sure, some people can't agree the sky is blue when they are in the midst of a divorce; however, if you know that you and your spouse or child's parent have different views on when your child can drive or what school they should attend, raise the issue now.<br /><br />As always, this blog posting is not a substitute for legal advice from an attorney that knows your specific circumstances. No attorney-client relationship is formed by the reading of this website. Use the information on this blog at your own risk.Lakeland Law Firm, LLChttp://www.blogger.com/profile/11751420631219936546noreply@blogger.com1tag:blogger.com,1999:blog-8475127920178261742.post-32557495640510478292009-06-30T11:45:00.001-07:002009-06-30T12:18:09.301-07:00What is an Annulment?People often ask the difference between an annulment and a divorce. A divorce ends a marriage. An annulment erases the marriage as though it never occurred. Wisconsin statute <a href="http://www.legis.state.wi.us/statutes/Stat0767.pdf">767.313</a> gives circumstances when grounds (valid reasons) for annulment exist. Unfortunately, grounds must exist. People don't get to choose whether they want to be divorced or have their marriage annulled. <br /><br />Annulments were once popular for religious reasons. Today, annulments are more commonly seen when one party was still married to another person or 6 months had not passed since his/her divorce when he/she got married again. Other reasons can be that one party married solely to use the other party for health insurance or a paycheck. <br /><br />In Wisconsin, the process for obtaining an annulment can be slightly different than for a divorce. Even if both spouses wanted an annulment, the judge would still need to have a hearing to determine if grounds for annulment existed. In a divorce, no spouse needs to prove that grounds exist to get a divorce. Also, the idea of dividing property 50/50 and maintenance can be out the window in an annulment. I stress "can be," because another hearing or trial would likely need to occur to argue over how finances should be divided when the parties disagree. <br /><br />Annulments are fact specific. If you are thinking about pursuing an annulment, you should discuss it with a family law attorney.Lakeland Law Firm, LLChttp://www.blogger.com/profile/11751420631219936546noreply@blogger.com2tag:blogger.com,1999:blog-8475127920178261742.post-14511425329227107412009-06-19T13:30:00.000-07:002009-07-01T14:46:23.522-07:00Do I need a Prenup?Whether a person needs a prenup is a question best discussed with a family law attorney. Having dealt with the question myself, I know it is not an easy one. In some ways, you learn more than you ever wanted to about your soon-to-be spouse simply because a prenup, commonly known in Wisconsin as a Marital Agreement, focuses on what happens to your assets in the event of divorce or death. It can also cover debts. It is recommended that the bride and groom each have a lawyer to draft and review the agreement. Prenups should be signed well in advance of the wedding day. If you are a couple weeks away from the big day, there is no need to panic. A postnup, which is also a Marital Agreement, can be signed after the wedding and have the same effect as a prenup (assuming your then hubby will sign it).Lakeland Law Firm, LLChttp://www.blogger.com/profile/11751420631219936546noreply@blogger.com0tag:blogger.com,1999:blog-8475127920178261742.post-27248435938764438032009-06-11T07:52:00.000-07:002009-06-16T13:38:50.519-07:00What happens after divorce?Once the judge tells a couple that they are official divorced, there is still clean up work to be done in Wisconsin. Listed below are items that may need to be cleaned up after a divorce. It is in no way an exhaustive list and is no replacement for legal advice. You should contact an attorney if you have questions about what steps need to be taken after the divorce.<br /><br /><u>Debts/Credit Report</u><br />Divorced individuals should contact any companies that have issued a line of credit, such as a credit card companies or vehicle notes, and inform them of the divorce. If your former spouse is still a joint account holder or authorized user on a debt awarded to you, you should make sure they are removed. If the debt was awarded to your former spouse and you find that you are still an authorized user or joint account holder, you should ask to be removed. If the creditor will not remove you, you will need to talk to your former spouse about how to handle the debt. Ideally, you are aware of how the debts are titled and what it takes to title the debts in your name individually before the divorce is finalized. The second part of this clean up process is to pull your credit report 3 months or more after the divorce is final to make sure it is accurate and that you closed all joint accounts and authorized user accounts. If your credit report is not accurate, you can challenge errors through the credit bureaus, assuming that they are actually errors. One copy of each of the three credit bureaus' credit reports are available for free at <a href="http://www.annualcreditreport.com/">http://www.annualcreditreport.com/</a>.<br /><u></u><br /><u>Estate Plans</u><br />Now that you are single, your former spouse can no longer make your medical decisions if you are incapacitated. Single individuals need a health care power of attorney and living will. If you have an old health care power of attorney and/or living will on file with a doctor or hospital that lists someone that you no longer want to act as your agent to make your medical decisions, you should inform the doctor or hospital when you execute a new health care power of attorney and/or living will. Once divorced, individuals also need to update the rest of their estate plan, i.e. will, durable power of attorney, possibly a trust, even if a person has not had an estate plan before. Just as important is to update your beneficiary designations on accounts, such as life insurance policies, retirement accounts, bank accounts, etc.<br /><u></u><br /><u>Changing Your Name</u><br />If you had your name changed as part of your divorce, you still need to change your name with the <a href="http://www.dot.wisconsin.gov/drivers/drivers/apply/doc/proof-change.htm">Wisconsin Department of Transportation</a> and the <a href="http://www.ssa.gov/ss5doc/?ID=chg&Selfchild=self&Status=us&Submit=Submit">Social Security Office</a>. Check their websites for information. Once complete, you will need to notify your employer, bank, creditors, etc. of your name change.<br /><u></u><br /><u>Division of Retirement Accounts</u><br />If a retirement account is divided between the parties in a divorce, a Qualified Domestic Relations Order (also known as a QDRO) may need to be drafted. This is something that should be discussed with an attorney.<br /><br /><u>Division of Real Estate</u><br />Houses, just like vehicles, that are jointly titled need to be retitled if they are awarded to one person in a divorce. If a mortgage exists against the property, refinancing is almost always necessary. As with the division of retirement accounts, this issue should be discussed with attorney before a divorce is finalized. The point here is that to retitle a house, a quit claim deed and transfer return are needed. The Findings of Fact and Conclusions of Law and Judgment of Divorce coupled with a Marital Settlement Agreement are not a substitute for executing a quit claim deed and transfer return.<br /><br /><u>School Contact Information</u><br />When a parent moves before, during, or after a divorce, that parent should update their contact information with the children's school. It is not uncommon for parents to be left off the school newsletter mailing list because the school does not know that your information has changed. Updating your information is your responsibility; it is not a responsibility typically assigned to one parent.<br /><br />The Divorce in Wisconsin Blog is not a substitute for legal advice. No attorney/client relationship is formed by the reading of this website. Use the information on this blog at your own risk.Lakeland Law Firm, LLChttp://www.blogger.com/profile/11751420631219936546noreply@blogger.com1tag:blogger.com,1999:blog-8475127920178261742.post-24391104910372829562009-06-10T06:46:00.000-07:002009-06-10T07:02:33.458-07:00What is mediation?In Wisconsin, parents are encouraged to participate in mediation to resolve disputes regarding custody and placement of their children. A mediator is a neutral person that sits down with both parents and helps the two of you work through your disagreement. Mediators have obtained specialized training in mediation. They may or may not be attorneys. While the goal of mediation is to reach an agreement, a mediator will not force parents to agree or tell parents that they are wrong for having specific feelings or concerns. In Wisconsin, mediation can be ordered by the court when a dispute regarding the children arises and before a guardian ad litem is appointed, if mediation is appropriate. Unless both parties agree to attend mediation with a private mediator, parties usually attend mediation orientation and attend mediation with a court-appointed mediator. Private mediators can also be used to resolve other types of disputes, such as property division in divorce, civil law suits, etc.Lakeland Law Firm, LLChttp://www.blogger.com/profile/11751420631219936546noreply@blogger.com1tag:blogger.com,1999:blog-8475127920178261742.post-63594185348409425082008-12-26T10:58:00.000-08:002009-09-03T09:30:30.696-07:00I know I need to get Divorce, but How?<span style="FONT-WEIGHT: bold">Before Filing the Initial Paperwork</span><br />Before filing the divorce action, you need to decide if you want an attorney to represent you or if you feel comfortable representing yourself, also called going "pro se." There is no magic formula to know when it is okay to represent yourself. The State of Wisconsin has provided all the basic forms you need for a divorce on <a href="http://wicourts.gov/">http://wicourts.gov/</a> under "Forms." There is also a link for "Self-Representation (pro-se)."<br /><br />If you do decide to represent yourself and find it is too much, you can hire an attorney later on. However, it is never a good idea to wait until a week before a hearing or a deadline to retain an attorney. The attorney you want may be booked weeks in advance and unable to assist you.<br /><br /><span style="FONT-WEIGHT: bold">Filing the Initial Paperwork</span><br />In Wisconsin, the first step in a divorce action is to file a Summons, Petition, and Confidential Addendum in the county you and your spouse live in. If you do not know where your spouse lives, if they are alive, or you and your spouse live in different counties, it is best to ask an attorney or call the Clerk of Courts in the county you live in. Many county courthouses have self-help clinics that are open a few hours a week to help with these types of questions.<br /><br />You may also need to file an Order to Show Cause for a Temporary Hearing, if you and your spouse do not agree on who lives where, who sees the kids when, or who's paying what during the divorce. If you think you may need a Temporary Hearing, you may want to consult with an attorney. Just because you want something, doesn't mean that you are legally entitled to it. An attorney cannot guarantee an outcome, but they can give you a general idea of how things such as child support, mortgage contributions, and maintenance are calculated based on your income.<br /><br /><span style="FONT-WEIGHT: bold">Service of Process</span><br />If you and your spouse file as joint petitioners, you do not need to have your spouse served with the Summons, Petition, Confidential Addendum, and any other paperwork that the Clerk of Courts gives you to have served. Filing a Joint Petition signals that you and your spouse are going pro se and agree to the filing of the divorce. It doesn't necessarily mean that the two of you will come to an agreement in the end.<br /><br />Typically, one party is the Petitioner and the other party is the Respondent. When you file a Divorce Petition that is not joint, you need to serve your spouse. Ask the Clerk of Courts for the Sheriff's Department information or for process servers in the area your spouse lives or works. If you do not have your spouse served properly within the time limits, your divorce can be dismissed.<br /><br /><span style="FONT-WEIGHT: bold">Mandatory Waiting Period</span><br />Once your spouse is served, the time clock starts. There is a mandatory 120-day waiting period before your divorce can be finalized. There are exceptions for members of the active military.<br /><br /><span style="FONT-WEIGHT: bold">Temporary Hearing </span><br />A temporary hearing is also called a first hearing in some counties. Usually, it is your first appearance in court. People often say it is the worst day of the divorce emotionally, because you do not know what to expect. Typically, a commissioner holds the Temporary Hearing and does not rule on only one issue. For example, you may only want child support started. However, the Court will determine, placement, custody, payment of debts, how taxes will be filed, etc. while the divorce is pending. By putting these temporary orders in place, the Court prevents you from having to come back for another Temporary Hearing next month when a new issue arises.<br /><br /><span style="FONT-WEIGHT: bold">Pretrial or Scheduling Conference</span><br />Some counties call it a pretrial, others a scheduling conference, both often refer to your first opportunity to get in front of a judge and get divorce. The pretrial/scheduling conference will be held after the 120-days waiting period has passed. How you get a pretrial or scheduling conference depends upon your county.<br /><br />If you have a completed Marital Settlement Agreement and the judge approves, you can finalize your divorce that day. Many counties encourage people to file their Marital Settlement Agreement in advance of the pretrial/scheduling conference. By doing so, you may get a hearing date sooner in front of a commissioner, or the judge can read the agreement before the hearing to make your appearance in court quicker.<br /><br />If you do not have a completed and signed Marital Settlement Agreement, the judge will want to know what issues you and your spouse disagree about. If you do not have an agreement, the judge will direct the next step in your divorce. The next step may be an appraisal of a home, mediation of children's issues, or the appointment of a guardian ad litem. Assuming no agreement is reached, the judge will order a trial. Very few cases go to trial and divorces are not tried in front of a jury. It is highly recommended that you retain an attorney before the judge chooses the trial date, because of the amount of time and effort that goes into preparing for a divorce trial.<br /><br />The Divorce in Wisconsin Blog is not a substitute for legal advice. No attorney/client relationship is formed by the reading of this website. Use the information on this blog at your own risk.<br /><br />If you need assistance with your divorce or family action, feel free to contact me to discuss your situation.<br /><br />Attorney Katie E. Babe<br />Lakeland Law Firm, LLC<br />N27 W23957 Paul Road<br />Suite 206<br />Pewaukee, Wisconsin 53072<br />(262) 347-2000<br />kbabe@lakelandlawfirm.net<br /><a href="http://lakelandlawfirm.net/">http://lakelandlawfirm.net/</a><br /><span style="FONT-WEIGHT: bold"><span style="FONT-WEIGHT: bold"><span style="FONT-WEIGHT: bold"></span></span><br /></span>Lakeland Law Firm, LLChttp://www.blogger.com/profile/11751420631219936546noreply@blogger.com