Year: 2020

Do’s and Don’ts of Court Hearings by Zoom

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Due to the COVID-19 pandemic, many court systems have changed to an online video conferencing format using Zoom. Because of this, your home, office, car or any place with a reliable internet or wi-fi connection becomes an extension of the courtroom. Detailed below is how the court expects you to act during a Zoom call and how to log into Zoom.

How to log into your Zoom Hearing:

  1. On your device please use the link https://Zoom.us/ and click join a meeting in the upper righthand corner.
  2. This will take you to a page that reads Join a Meeting. Your attorney or their assistant will send you the Meeting ID and Password information before your hearing. This may be contained in a formal Notice of Hearing. The information in that e-mail will contain your Meeting ID and Password.
  3. After you enter the Meeting ID and click “Join,” a new page will appear that will ask you to enter your Password. If you do not already have a Zoom account, this page will ask you to enter your “username.” Please enter your full first and last name into the username box. Then enter the Password your attorney sent you.
  4. If you already have a Zoom account, please double check that your username is your full first and last name in your account profile.
  5. You may be taken to a waiting room or pulled directly into the hearing. If you are put into a waiting room, there is no need to panic.  You will be pulled into the hearing when the court is ready for you. Please be aware that the court system sometimes does not run on time and you may be waiting for a while.
  6. When you are pulled into the hearing, the Judge or Commissioner may or may not mute you. We ask that you mute yourself during the hearing. The mute button is in the bottom left hand of the screen and looks like a microphone If you need to contact your attorney during the hearing, please e-mail them as they will have their e-mail open during the hearing.
  7. If you have any concerns during this process, please call our office and someone will be more than happy to assist you.

Zoom Do’s:

  1. Do log into Zoom at least 10 minutes early to your hearing to make sure your username is your first and last name and to test your audio and visual connection.
  2. Do ask someone from our office to do a practice run of your hearing If you are unsure on how to use Zoom.
  3. Do make sure the device that is connected to Zoom is fully charged or you have access to a charger during your hearing.
  4. Do dress like you would if you were going to the courthouse.  Please note – this includes pants! Would you wear sweat pants or a tank-top to court? No.
  5. Remember, where you log-in to the hearing becomes part of the court room.  Therefore, do situate yourself in a quiet place with no distractions and with no one else in the room. If you have a child(ren) and are unable to find child care, please do your best to make sure they are quiet and not in the room with you. Remember, court proceedings are for adults, not children. The Judge or Commissioner does not want children to hear what is going on during the Zoom hearing. This also goes for household pets. Please make sure they are not in the room with you or in a place where barking or other behavior will interfere with the hearing.
  6. Do have your e-mail open as your attorney may e-mail you during the hearing.
  7. Do mute yourself during the hearing unless you are asked to unmute yourself by your attorney or by the judge. The mute button is in the bottom left hand corner of screen when you are in the hearing.
  8. Do make sure your video is on.  The court wants to make sure it is actually you who is participating in the hearing and no one else is inappropriately present in the hearing (i.e. children).  Your video button is a video camera icon on the bottom left of your screen.

Zoom Don’ts:

  1. Don’t eat food on the Zoom. You may drink water on the Zoom.  If you do please do not use a cup or mug with logos or inappropriate sayings/pictures.
  2. Don’t speak during the Zoom unless your attorney or the judge asks you a question directly.
  3.  Don’t use the chat function on the Zoom application. This chat can be read by anyone in the Zoom, even if you think you are direct messaging someone.
  4. Don’t Zoom and drive. If you are doing the hearing from your car, please have the car in park so your full attention is on the hearing.
  5. Don’t record the hearing. It is illegal.

We hope this list of Zoom Do’s and Don’ts explains how the court expects you to act during your hearing. If you have any questions regarding this list or how to log into your Zoom hearing, please ask your attorney directly.

BEWARE OF GIMMICKS AND FLAT FEES WHEN HIRING A DIVORCE ATTORNEY!

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In this digital age, there is much competition among any business but, in particular, among lawyers.  Most lawyers practice in one particular area or niche such as personal injury, drunk driving, bankruptcy or divorce.  We have all seen the commercials which can be tacky, harsh or, frankly, even embarrassing!

In some areas of the law, many lawyers ascribe to the quantity over quality philosophy.  Their goal is to get as many clients in the door as possible and they often succeed.  However, that does not mean they are good attorneys or provide quality representation to their clients.  It simply means they are good at advertising.

In the area of divorce or family law, it is even more important to stay away from this gimmicky type of advertising.  Your entire future, and the future of your children, could depend on your attorney.  You need to have experienced and caring representation to guide you through what can be the most difficult time in your life.  So, what can you do to ensure you pick the right divorce attorney?

Most people start with an internet search.  Searching for terms such as experienced divorce attorney/lawyer or best divorce attorney/lawyer in your specific city or county is typically a good place to start.  This will bring up a list of attorneys either in the Google Business Pages (in the directory with the map) or the organic search engine results.  Most search engines have an algorithm which takes into account a variety of factors.  However, the attorneys at the top of these search results are typically (a) the attorneys who have the most and highest reviews and (b) attorneys who have the most long- standing websites. Therefore, these attorneys are typically the ones who are the most experienced and highly rated attorneys in your area.  But, buyer beware, some attorneys listed high in either results may also just be the ones who pay the most to advertise.  Make close note if the word “ad” appears next to or within the listing.  This means that the attorney has paid to appear high on the page or high on the Google Business listing results.

Once you choose an attorney or law firm to look at from these results, you need to investigate further.  First, go to their website and check it out.  Who are their attorneys?  Look at their profiles and what is their experience?  How long have they been attorneys? Do they have any awards or specific recognitions identified?  What are their practice areas?  What is their philosophy about the area of law they are practicing in?  Having the most attorneys or a high number of attorneys doesn’t mean much in the area of divorce law. 

Next, look at the details of the firm itself.  Where are they located?  Is this a convenient location for you?  In what areas or counties do they practice?  If they limit their practice areas, that means they are familiar with and are well known in those particular counties.  This will help you and your case.  Has the firm received any awards or recognitions?   Do they offer free consultations, or do they charge for their consultations?  Do they discuss fees on their website?

When discussing fees, beware of gimmicks! If it is too good to be true, it probably is! Many lawyers are advertising flat rate fees now.  However, the economics of a divorce and a law firm are not very conducive to flat rates.  For example, if a firm has numerous lawyers, they have to be paid somehow.  If they have numerous locations, the rent and expenses need to be paid in all of those locations.  So, either the flat rate is often very high from the start or there will be a “catch.”  It will say “starting at” or the flat amount will only cover a certain part of the divorce.  A recent case with one of these law firms had one party paying a $7,000 flat rate but, because it was a simple divorce, the other party whose lawyer charged hourly only paid about $3,500 in total fees.  While it is predictable at the start, a flat rate is NOT always a good deal. And what happens when the simple divorce becomes not so simple? Will the firm demand more money to continue on the case?  What if your case demands attention, such as the issuance of subpoenas or depositions, but your flat fee does not cover that?   If you are contemplating hiring one of these attorneys, read the contract very carefully and make sure you understand ALL of the terms.

What is also crucial when selecting an attorney is to know who will be with you throughout your case. Will your file remain with the attorney who you hire, or will you be shuffled around the firm? Having consistency in your representation is so very important. Without this, you are telling your story over and over and lacking continuity of representation.

You should also check the reviews for the attorney and law firm.  The reviews should be from an independent, neutral source like Google or Yelp, not the reviews which are posted on the attorney’s website. Reviews that are posted on the firms website are controlled by the firm. They can post the positive but leave out the critical.    In the area of family law, it is important to note that not all negative reviews are accurate since sometimes the opposing party is angry when a lawyer obtains a good result for their client so you should read those carefully. For more information on attorney reviews, please see our blog here:  Lawyer Reviews – Reader Beware!

Of course, a personal referral is also important when retaining a divorce attorney. Having a recommendation from a family member or friend can be the most valuable resources when considering attorneys.

Once you choose a lawyer or two who you feel will best meet our goals and objectives,  contact their office via email or telephone to schedule a consultation.  How does their staff treat you?  How do they handle appointments?  Do they answer your questions, especially about fees?  If a lawyer gets on the phone right away, that is not necessarily a good thing! That usually means that their lawyers are not busy.  Most well-respected attorneys have a healthy caseload and an appointment is required, just as if you were to call a doctor or any other professional to schedule an appointment.  On the other hand, if you can’t get an appointment for weeks, that is also not a good thing!  That means the attorney may not have time for you or your case. 

When meeting with the attorney, judge their demeanor.  Do they seem interested in you and your case?  Do they seem knowledgeable about the issues you may face?  Are they willing to answer your questions?  Keep in mind that lawyers cannot give you legal advice unless you are client, but experienced and caring lawyers can at least give you an idea as to what you may expect from your case.  Are they willing to explain their billing and office practices?

So, when hiring a divorce or family law attorney, shop around.  Ask questions.  Meet with more than one attorney.  As exhausting as that sounds, it is in your best interests to do so.  Go with your instincts and who you feel the most comfortable with.  Make sure the lawyer provides detailed, monthly billing and a detailed written fee agreement which clearly sets forth what you are being charged for and how the billing at that firm works.  Also make sure that the lawyer sets forth clearly the expectations for both you and your case.  A lawyer should be able to advise you how the process works, what you might expect and possible outcomes given the facts of your case. 

Any lawyer who can tell you what your divorce will cost or what results you will receive is not being truthful with you. There is no way to tell how the case will proceed.   Therefore, it is impossible to classify a divorce as “contested” or “uncontested” before it even begins. Those are factors that cannot be pre-determined or predicted and fees should not be decided up front based on unrealistic expectations or predictions about a case.  This is just a gimmick and should be treated with healthy skepticism.  It is more important that you find a divorce attorney with  reasonable fees, a reasonable retainer, and transparent billing practices, who is also experienced and caring.

What documents Should You Collect Before Divorce?

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When a married couple decides to end their marriage, they may be initially too wrapped up in the emotional side of divorce to begin preparing for the process. This is completely understandable. Divorce is a big change, and it can be one that comes unexpectedly for many spouses.

It may take you a bit of time to get your bearings. However, it can be advantageous to begin preparing for divorce sooner rather than later.
Which documents are important to collect?

Collecting documents may be one of the first steps you want to take to prepare for divorce. During divorce, both you and your spouse will need your own copies of all your family’s important documents. By acting early, you can reduce the chance that some of those important documents disappear or become unavailable to you.

Some of your family’s documents you may want to collect, include:
• Tax returns from the last five years
• W-2s
• Pay stubs
• Bank statements, including investment accounts
• Employment contracts
• Benefits statements
• Retirement account statements
• Mortgage statements
• Loan applications
• Deeds to all properties
• Utility bills
• Vehicle registrations
• Estate planning documents
• Monthly budget documents

This list can appear overwhelming, especially if it will take some hunting to find some of these documents. However, going through your family’s paperwork and getting yourself organized can be cathartic. It can help you get an idea of some of the details that will need to be hashed out during your divorce, and it can help you envision what your post-divorce future may look like.

What should you do with the documents after collecting them?
When you have collected all the documents that you need, you may begin to think about where you might store them. Remember that you and your spouse will both need copies of these documents. However, you will want to make sure your copies are kept in a secure place where they won’t easily be tampered with.

You also may want to consider how you will organize these documents. You are not obligated to keep the organizational system that you used in your marital home. The system you use only needs to make sense to you.
You went to all the trouble of finding the documents once. It can reduce your stress during your divorce if you have similar documents grouped together in a way that allows you to find a particular document as soon as you need it.

Divorce can certainly be an emotional process, but it is also business. If your marriage is ending in divorce, it may be reasonable for you to take the necessary steps to protect your interests. Collecting the right documents early in the process can be one step that helps you achieve more of the divorce outcomes that matter most to you.

 

How to Establish Paternity in Wisconsin (Update)

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What is paternity and why is it important? It allows you to be legally involved in the child’s life. It also allows you to be named on the child’s birth certificate. Establishing paternity/parentage allows the parent to gain rights to the child and also gives the parent responsibilities related to the child. Determining parentage gives the parent the right to ask the court for custody (the ability to make decisions for your child, for example, where the child goes to school and where the child can attend church) and to have physical placement such as overnight visits with your child. Along with these rights, the child can receive child support, be added to your health insurance, can receive your social security benefits if you become disabled or die, and can inherit from you.

Wisconsin has two ways to establish paternity: 1) voluntary paternity acknowledgment; and 2) court order.

Voluntary Paternity Acknowledgement

The easiest way to establish paternity, when you are not married, is with the Voluntary Paternity Acknowledgement form. This form can be signed if both the mother and the father are over the age of 18 and both agree that the man is the father. All hospitals in Wisconsin have this form and will notarize it at the hospital. Be aware, this form cannot be used if the child was conceived while the mother was married to another man. This form has to be filed with the State and, if it is not rescinded, there can be significant legal ramifications. We would strongly recommend that you do not sign the Voluntary Paternity Acknowledgement unless you are absolutely sure you are the father! If you are not 100% sure, you should seek legal advice before signing the Acknowledgement.

Court Order

If you are named the possible father of a child and you do not agree, a court hearing will be scheduled. During this hearing, your rights and responsibilities will be explained to you. If you would like genetic testing to determine if you are the parent, this would be the time to ask for it. The child support agency pays for the genetic tests until paternity is established. You may be ordered to pay for the tests if the tests show that you are the parent. If you are not determined to be the parent, you will not be charged for the tests. You have the right to object to the test results in court although the current tests are extremely accurate so this would be difficult to do. Under Wisconsin law, the genetic test must show a 99% or greater probability of paternity in order to be presumed the father.

If the mother is married at the time the child is born, the husband is presumed to be the father.  In order to overcome that presumption and adjudicate another man, there are a wide variety of legal steps and  ramifications which are not easily addressed in a blog.  We would encourage you to seek counsel in this situation.

If you are concerned about the paternity of your child or are listed as a possible father in a paternity action, please contact Nelson, Krueger and Millenbach, LLC, for a free consultation to discuss your case with an experienced family law attorney.

COVID-19 and Divorce Mediation in Wisconsin

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Deciding to file for divorce is never an easy decision to make. But during these pandemic circumstances, it can be an even more challenging decision. The Wisconsin Supreme Court has restricted in-person court proceedings through at least May 22, 2020, and the courts will likely significantly limit in-person proceedings for the unforeseeable future to follow. It is safe to assume that our access to the courts to schedule hearings in family law matters will be significantly affected and delayed.

How can one file for divorce when we are under a Safer-at-Home Order and our access to the courts is affected? Despite these factors, the pandemic does not mean that you cannot file for divorce or that your case has to remain stagnant. Many people are commenting about how the COVID-19 pandemic has brought on new perspectives and priorities. Maybe now is the time to engage, or re-engage, in mediation of your family law case?

Divorce mediation is a process where a divorcing couple jointly hires a divorce mediator to assist them through the divorce process. A divorce mediator is considered to be neutral and does not take a position for or against either party or give legal advice to either party. As a neutral, a mediator can inform the parties of the law and provide calculations for support, property division, and other divorce related issues.  As a neutral, the mediator works with the couple to help them reach an agreement. With the new Wisconsin mediation rules in family cases, a divorce mediator can also draft and file the legal pleadings with the court making it easier for a divorcing couple to navigate the court procedures. Divorce mediation also allows parties to maintain control over the process of their divorce by working toward agreements outside of court.

Now more than ever, parties and those involved in the legal system, must adapt and use alternative means to achieve legal objectives. Through the divorce mediation process, we can conduct mediation through phone conferences, Zoom meetings, emails, and other forms of contact than do not require in-person meetings. You can continue to work on resolution and bring your case to conclusion despite the challenges we all face due to the COVID-19 pandemic.

Currently, due to the COVID-19 pandemic, some of the courts in Southeastern Wisconsin such as Milwaukee and Waukesha Counties are allowing parties to proceed with a Judgment of Divorce by Affidavit without the need to appear in court for a final hearing. This is only true in cases in which both parties have an attorney or the parties have engaged the services of an attorney acting as a divorce mediator. So, if you are considering divorce and believe that divorce mediation may be a desirable option for you, there is an added benefit in that your Judgment of Divorce can be granted now by Affidavit without you ever having to appear in court. This option is not available in cases where one party does not have an attorney or the parties have not hired a divorce mediator.

At Nelson, Krueger & Millenbach, LLC, we are proud to offer couples the option of divorce mediation with an experienced family law attorney trained in divorce mediation. Prior to the pandemic and now, our experience and success in working with couples who wish to maintain control of their divorce process through divorce mediation has been a benefit to our mediation clients.  Attorney Alison H.S. Krueger at Nelson, Krueger & Millenbach, LLC is a well-respected and trained divorce mediator. Her primary experience is as a practicing divorce attorney, but she also engages in the mediation process where she deems it will be the most helpful. She also charges a reasonable hourly rate given her years of experience in this field. If you are interested in this process, please call us at 414-258-1644 to schedule a free consultation to discuss same.

 

Are the Family Courts in Wisconsin Open under COVID-19 Restrictions?

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Courts in Wisconsin, and in particular the family law  and divorce Courts, have been severely affected as a result of the COVID-19 pandemic.  In the beginning of the pandemic and the Wisconsin Safer at Home orders, most courts either cancelled hearings, adjourned them or started doing hearings by alternative means.  Some hearings continued to be held via telephone or Zoom.  However, there are many hearings which were cancelled and still need to be rescheduled, although ,the courts are slowly starting to do that.

Even though the current Safer at Home order in Wisconsin expires on May 26, 2020, it is not certain that the courts will be reopening to pre-COVID-19 operations after that time.  In Milwaukee County, for example, they have indicated they will not doing in person hearings in the near future and likely not until after July, 2020.  All hearings currently on the court’s calendars, if not rescheduled, will be conducted by Zoom or telephone.  Trials or contested hearings, however, will still likely be rescheduled until after in person hearings are being conducted.  Each judge is using his or her own discretion as to how they want to handle certain types of hearings.

In Waukesha County, they have not yet announced what their plans will be.  They are just now starting to reschedule previously cancelled Pretrial Conferences and Status Hearings.  Those hearings will likely be by telephone.  They have not announced plans to reschedule or resume Family Court Commissioner hearings or contested hearings.

In Washington and Ozaukee counties, most hearings have been and are proceeding by Zoom or by telephone.

In all counties, they are continuing to hold hearings on emergency matters such as domestic or child abuse restraining orders and custody/placement enforcement petitions.

If you are a client of our firm, the attorneys and staff at Nelson, Krueger & Millenbach will continue to keep you apprised of the status of your court hearings as soon as we receive that information from the Courts.

Guidelines for Parents Who Are Sharing Custody of Children During the COVID19 Pandemic

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The American Academy of Matrimonial Lawyers (AAML) in conjunction with the Association of Family Conciliatory Courts has put out seven guidelines for parents who are sharing placement of their children during the pandemic. Wonderful advice from the top family lawyers and mental health professionals in the nation.

From the leaders of groups that deal with families in crisis:

Susan Myres, President of American Academy of Matrimonial Lawyers (AAML)
Dr. Matt Sullivan, President of Association of Family and Conciliation Courts (AFCC)
Annette Burns, AAML and Former President of AFCC
Yasmine Mehmet, AAML
Kim Bonuomo, AAML
Nancy Kellman, AAML
Dr. Leslie Drozd, AFCC
Dr. Robin Deutsch, AFCC
Jill Peña, Executive Director of AAML
Peter Salem, Executive Director of AFCC

1. BE HEALTHY.

Comply with all CDC and local and state guidelines and model good behavior for your children with intensive hand washing, wiping down surfaces and other objects that are frequently touched, and maintaining social distancing. This also means BE INFORMED. Stay in touch with the most reliable media sources and avoid the rumor mill on social media.

2. BE MINDFUL.

Be honest about the seriousness of the pandemic but maintain a calm attitude and convey to your children your belief that everything will return to normal in time. Avoid making careless comments in front of the children and exposing them to endless media coverage intended for adults. Don’t leave the news on 24/7, for instance. But, at the same time, encourage your children to ask questions and express their concerns and answer them truthfully at a level that is age-appropriate.

3. BE COMPLIANT with court orders and custody agreements.

As much as possible, try to avoid reinventing the wheel despite the unusual circumstances. The custody agreement or court order exists to prevent endless haggling over the details of timesharing. In some jurisdictions there are even standing orders mandating that, if schools are closed, custody agreements should remain in force as though school were still in session.

4. BE CREATIVE.

At the same time, it would be foolish to expect that nothing will change when people are being advised not to fly and vacation attractions such as amusement parks, museums and entertainment venues are closing all over the US and the world. In addition, some parents will have to work extra hours to help deal with the crisis and other parents may be out of work or working reduced hours for a time. Plans will inevitably have to change. Encourage closeness with the parent who is not going to see the child through shared books, movies, games and FaceTime or Skype.

5. BE TRANSPARENT.

Provide honest information to your co-parent about any suspected or confirmed exposure to the virus, and try to agree on what steps each of you will take to protect the child from exposure. Certainly both parents should be informed at once if the child is exhibiting any possible symptoms of the virus.

6. BE GENEROUS.

Try to provide makeup time to the parent who missed out, if at all possible. Family law judges expect reasonable accommodations when they can be made and will take seriously concerns raised in later filings about parents who are inflexible in highly unusual circumstances.

7. BE UNDERSTANDING.

There is no doubt that the pandemic will pose an economic hardship and lead to lost earnings for many, many parents, both those who are paying child support and those who are receiving child support. The parent who is paying should try to provide something, even if it can’t be the full amount. The parent who is receiving payments should try to be accommodating under these challenging and temporary circumstances.

Adversity can become an opportunity for parents to come together and focus on what is best for the child. For many children, the strange days of the pandemic will leave vivid memories. It’s important for every child to know and remember that both parents did everything they could to explain what was happening and to keep their child safe.

 

Wisconsin Family Law and COVID-19

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WE ARE HERE FOR YOU!

In response to the Coronavirus or COVID-19, the health and welfare of our clients and our employees are our top priorities. We are closely monitoring the rules and procedures for our state and the courts, and the CDC recommendations which are constantly changing. Therefore, please visit the Nelson, Krueger & Millenbach, LLC COVID-19 page for the most updated information.

As always, please feel free to contact us by telephone or email, as we are working remotely and are available for our potential and existing clients. Stay safe and healthy!