Child Custody and Moving with a Child (UCCJEA)

 

Due to the high mobility of our society, it is relatively easy for people to move from from one place to another. Sometimes, this move requires a relocation to another state. An important consideration for those contemplating a move is, how might this affect your family law case? If you have a case involving custody or placement/visitation, it is important to consider how moving with a child may impact which jurisdiction is appropriate for modifying and enforcing custody and placement/visitation. Far too often, parents living in different states will attempt to modify or enforce a child custody order without considering that only one court can have jurisdiction to issue a decision. If mom lives in Florida, and dad lives in Washington, which court has the right to render a decision? What if the original order was issued in Wisconsin, but nobody lives there any longer?

To provide clarity with how all 50 states should determine jurisdiction in child custody cases, the National Conference of Commissioners on Uniform State Laws implemented the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Although not all states have adopted the UCCJEA, more than 30 states have enacted their own versions of the UCCJEA. In effect, the UCCJEA specifies which court should decide a child custody case when there is a dispute between two or more jurisdictions.

Before launching into a hypothetical to dissect the UCCJEA a bit further, wewill explain some terms frequently referred to in the UCCJEA which you may not be familiar with. First and foremost is the term “jurisdiction”. What is jurisdiction? In essence, jurisdiction is the power and authority for an entity to make legal decisions and judgments. In the context of the UCCJEA, we are discussing which court has jurisdiction over a child custody matter. Next is the term “home state”. A home state is the state where the child lived with a parent or person acting as a parent for at least 6 months immediately before the custody action was filed. The home state is important, because the UCCJEA directs courts to heavily prioritize home state jurisdiction above other jurisdictional considerations.

When analyzing the UCCJEA and applying it to your case, you may need to ask yourself – what is it I’m trying to do? Are you trying to modify the current orders, or are you trying to enforce them? It may be that you don’t even have the initial orders yet, which means there is nothing to modify or enforce. If this is the case, then you should consult with a family law attorney to determine how, when, and where the initial orders should be decided.

Since most individuals trying to tackle UCCJEA-related issues already have the initial orders,we will focus a hypothetical on modification and enforcement. For those unfamiliar with those terms, “modification” refers to an attempt to change the current orders. “Enforcement” refers to an attempt to enforce, or carry out the current orders without necessarily changing them.

For our hypothetical, let’s say that we have two parents, Harry and Susan, who were divorced in Wisconsin. Harry and Susan had a daughter, and through the divorce the Wisconsin court granted them joint custody and a 50/50 shared equal placement schedule. Two years after the divorce, Susan moves from Wisconsin to New York for a new job, leaving their daughter with Harry. Since Susan lives in New York, and Harry lives in Wisconsin, it is not feasible for them to observe their 50/50 shared equal placement schedule due to the distance. Shortly after she moves, Susan and Harry   begin arguing over where their daughter should live. Eight months after moving to New York, Susan files a modification with a New York court, trying to modify their prior placement order so that she gets 70% of the placement and Harry gets 30%. Harry, not agreeing with Susan’s proposed modification, files his own modification in Wisconsin requesting that he get 70% of the placement and Susan gets 30%. The question is – which court has the authority to make the modification, New York or Wisconsin?

To answer this question, we have to consider several factors. Amongst these factors are (1) who still lives in Wisconsin, (2) where were the most recent orders issued, (3) does the childstill have a “significant” connection with Wisconsin, (4) where is the relevant evidence in the case available, and (5) has there been a waiver of jurisdiction by any courts?

(1) Who still lives in Wisconsin? In our hypothetical, Harry and their daughter still live in Wisconsin. This is the first and possibly the most crucial component to determining which state has jurisdiction under the UCCJEA.

Alternatively, if nobody lived in Wisconsin when Susan filed her modification in New York, it is likely that Wisconsin has lost its exclusive, continuing jurisdiction to modify the order and it’s possible that New York may be the correct jurisdiction for litigating the modification. Or, it would be just as possible that another state has jurisdiction, depending on where the child has been residing.

(2) Where were the most recent orders issued? In our hypothetical, the most recent order was issued in Wisconsin through the divorce. This increases the likelihood that Wisconsin is the correct jurisdiction, because a Wisconsin court issued the last order.

Alternatively, if a Wisconsin court is not the most recent to issue an order, whether or not it is the correct jurisdiction for Harry and Susan’s modification depends on why they were not the most recent court to issue an order.

(3) Does the child still have a “significant” connection with Wisconsin? Since Harry and their daughter still live in Wisconsin, it is presumed that they have a significant connection with Wisconsin through their residency. As such, Wisconsin is likely the proper jurisdiction to hear the modification.

(4) Where is the relevant evidence in the case available? Often, evidence is a crucial factor in determining the outcome. In the family law context, relevant evidence for a modification of placement may include testimony from the child’s doctors, teachers, coaches, childcare providers, or other family members. Although this is not the most important factor in determining the correct jurisdiction, it is a consideration. In our hypothetical, Harry and Susan’s daughter has never lived in any state other than Wisconsin. It is highly likely that relevant evidence will be more readily available in Wisconsin than in New York. These facts support the idea that Wisconsin is the appropriate jurisdiction.

(5) Has there been a waiver of jurisdiction by any courts? Sometimes, a court may determine that it no longer has jurisdiction to hear a matter. Often, this is because none of the parties live in that jurisdiction any longer, and thus their connection with the jurisdiction has been severed. In our hypothetical, the Wisconsin court has not yet waived its jurisdiction. As such, Wisconsin is the proper jurisdiction to hear Harry’s modification.

Due to the facts of the hypothetical, it is likely that Wisconsin retains jurisdiction over the matter, and Harry’s modification filed in Wisconsin will proceed in front of a Wisconsin court. Susan’s modification filed in New York would then be denied for a lack of jurisdiction. Despite this result, it is possible that the New York court may still want to hold one or more hearings on Susan’s modification while jurisdiction is being determined.

Cases where parents live in separate states are complicated for various reasons, and UCCJEA related issues are highly complex and fact specific. If you or a loved one are experiencing legal issues related to the UCCJEA, contact our experienced legal team here at Nelson, Krueger & Millenbach, LLC at (414) 258-1644 for a free consultation.

 

What Are The Benefits Of Divorce Mediation?

 

Going through divorce can be a complicated, stressful, and costly process. Some couples, however, choose to work with a third-party neutral to help resolve disputes, alleviate stress, and reduce the expense of court litigation. This process is called divorce mediation. Many couples who choose to resolve their divorce differences through divorce mediation find the process to be empowering. Divorce mediation is an alternative form of dispute resolution that allows divorcing spouses to retain a strong voice in the outcome of their divorce settlement by agreeing in advance to attempt to resolve all issues in their divorce outside of court and with the assistance of a neutral divorce mediator.

Potential issues that may be resolved through divorce mediation are not confined to a specific area. A qualified, certified neutral divorce mediator can guide couples toward resolving complex issues related to:

  • Property division, including real estate, retirement accounts, other assets, and debts
  • Child custody and placement
  • Child support
  • Spousal maintenance
  • All other divorce related topics

The mediator in a divorce acts as a third-party neutral who works to facilitate discussions to resolve disputes involving any aspect of the divorce. Moreover, an experienced family law practitioner who is a certified divorce mediator and serves as a neutral in the case who can provide the parties with knowledgeable education and guidance concerning all of the available options to resolve a particular issue. This educational prong of the mediation process can help the parties to explore personalized solutions that best serve their individual goals and needs, rather than focusing on an all or nothing fight in court. It is important to understand that the mediator does not act as judge, seeking to impose a final decision to resolve disputes, nor can the divorce mediator provide legal advice. The mediator is a neutral in the case who works to facilitate reasoned discussions between the parties to arrive at workable and mutually satisfying solutions to disputes.

As of 2018, under Wisconsin law, your divorce mediator may now draft all of the documents to memorialize the final mediated settlement and the pleadings necessary in your divorce case.  In other words, from start to finish, a divorce mediator can assist you with facilitating your divorce through the court system. While the mediator does not represent either side, in preparing the legal paperwork, your divorce mediator can give you peace of mind that the documents are complete and follow Wisconsin law to reduce the potential for additional disputes down the road.

Avoiding litigation may reduce stress and higher costs of divorce

Mediation provides a range of important benefits that are not achieved through a long battle in court, such as:

  • More control over the outcome of the divorce
  • Reduced costs from the absence of litigation
  • Reduced stress through the elimination of litigation and contested hearings
  • A concurrent positive experience for the children of divorcing parents

Attorney Alison Krueger of Nelson, Krueger & Millenbach, LLC is a Certified Divorce Mediator. She can educate you and your spouse about the options to resolve your divorce disputes and the legal process to be divorced. Moreover, after you and your spouse have reached a settlement through mediation, Attorney Krueger can draft all of the documents to memorialize the final mediated settlement and the necessary legal documents to begin and end your divorce action through the court system. Properly prepared  legal paperwork with the assistance of a certified divorce mediator can give you peace of mind that the documents are complete and follow Wisconsin law to reduce the potential for additional disputes down the road. Moreover, Attorney Krueger can help you and your spouse prepare for court where a judge will finalize your divorce. This education on the process can help you to move forward with knowledge of what to expect, alleviating the stress of the unknown.

 

Lawyer Reviews – Reader Beware!

“The first thing we do, let’s kill all the lawyers!”  Clearly, William Shakespeare was not in the midst of an ugly divorce or custody battle when he wrote those immortal words.  Had Will actually needed a divorce or custody lawyer, instead of killing them, he would have done an internet search on family lawyers and carefully read all of the reviews before considering which lawyer was represent his rights in court.

Everyone hopes that they can share the opinions of William Shakespeare and never need the assistance and guidance of a family lawyer.  What do you do however, when the unexpected happens and you are in need of someone who is going to fight for you and more importantly your children?  The decision to hire a lawyer can be one of the most impactful decisions of your life.  It is imperative that you find the best fit for you.   A savvy consumer will research websites, consider experience and read reviews.  When you read the reviews, however, you need to consider if you are reading an actual client review of an attorney or if you are reading a story of defeat, retaliation or just plain vengeance. Some clients will turn to the internet to share their opinions of the legal process and their respective attorneys.  However, many times, reviews that are written, are written by opposing parties who left the process scorn and need to seek vengeance on the attorney that made the legal process so unpleasant.

When you read a negative review, consider the author.  Is the author actually a client of the attorney?  If, in reading the negative review, it is obvious that the author is the opposing party then consider why the opposing party took the time and energy to write a negative review of the other attorney.  Sometimes the best compliment of an attorney doing his or her job comes from the other side leaving the courtroom upset.

If the negative review is written by a client, read and consider the other reviews.  Does the negative review conform to what others are saying or is the negative a review a stand alone?  There are times when a client wants a lawyer to take a position contrary her advice.  When that happens, an ethical lawyer will withdraw from the case, likely leaving the client upset.  Is the negative review written by a client who is upset that the attorney did not do what he wanted her to do?  Or, perhaps the client is upset at the amount of fees which were charged.  However, that could have been due to circumstances beyond the lawyer’s control such as a difficult client or difficult opposing counsel.  Some clients are upset at the situation itself but the lawyer is the handy target to blame.

Most people do not realize that ethical rule prohibit lawyers from responding in detail to a negative review.  Always keep in mind the old adage, there are two sides to every story.  There have been times when an attorney reads a negative review and literally screams at her computer screen, “that is not what happened at all!”  The reader of that negative review will never know the “other side” because the ethical lawyer is prohibited from sharing any details that could even remotely violate the attorney client privilege.   A savvy reader of lawyer reviews will consider the fact that there is an explanation (or even correction) to the negative review, that that explanation will never be known by the reader.

Make sure that you read all the reviews from all sources.  A client may review an attorney on AVVO, but not on Google.  Make sure that you research several review platforms (Google, Yahoo, AVVO, Yelp, Yellow Pages, etc.) to obtain a full picture of what clients are saying about your potential lawyer.  While reviews are pivotally important, you must also consider experience.  The more experienced the lawyer, the more likely he is to have a negative review or two.  It is simply the law of averages.  Do not let a negative review deter you from scheduling a consultation.   If reading a negative review gives you pause, ask the lawyer about it in your consultation.  For instance, if a negative review indicates that the lawyer was unresponsive, ask the lawyer, “what is your policy for returning phone calls and emails?”  If after reading a review, you have concerns about a lawyer being unnecessarily litigious, ask the lawyer what her policy is on settlement.

In summary, it is imperative to read attorney reviews prior to selecting an attorney.  However, it is just as important to be smart about what you read and consider the author.  Finally, never let a review stop you from consulting with a lawyer that you feel will be a good fit.  You can judge for yourself after that meeting whether you are comfortable with the lawyer after listening to what he or she has to say.

 

 

WHAT TO DO WHEN SOMEONE IS NOT FOLLOWING THE COURT ORDER IN A FAMILY ACTION

When you obtain a court order after months of litigation, sleepless nights and mountains of attorney bills, you expect that this court order will be followed.  However, what happens when your former spouse or the other parent in your matter does not follow the court order?  What are your remedies and what can you expect to happen?

If you are faced with a situation where a party is not following a court order, you may be able to file a motion to have him or her found in “contempt”.  Contempt is a legal term which means that a person is deliberately and intentionally not following a court order.  The remedy for a contempt can range from financial sanctions, jail time and attorney fees.

At the contempt hearing it is important that you have evidence supporting your claim for contempt.  For instance, if you file a contempt motion because the other parent has not reimbursed you for half of the kid’s expenses, the court is going to want to have evidence that 1) the expenses was actually incurred 2) you presented the expense and the receipt and 3) he or she refused to pay.  In this circumstance, if you file a contempt, but do not have evidence that you provided the expenses request (email, certified mail or Our Family Wizard confirmation)  the court will be unable to find that the other parent acted intentionally in not paying you.  Accordingly, he or she will not be found in contempt.    Conversely, if you have documentation of emails, letters or the like requesting reimbursement and the other parent simply refuses it is likely the court will find him or her in contempt.   A person can be found in contempt for failure to follow any court order and the evidence required to support your client will vary.  It is crucial for the success of your claim that you have all the supporting documentation before you file.

If you are successful at a contempt hearing and the court finds the other party in contempt, he or she must be granted a purge.  A purge is a set of conditions that need to be complied with in order to avoid jail time. If a purge is not met, then the other party will have to serve the jail sentence ordered at the contempt hearing.  If the purge is met, then the reason for the contempt has been alleviated and the issue is considered resolved.

Attorney fees may be awarded if you are successful with your motion.  The amount of attorney fees awarded will vary depending on the circumstances of each case, the severity of the contempt and the amount of financial damage the contempt cost you.  It is also possible that you will not receive attorney fees despite the court finding the other party in contempt.  Contempt motions can be very detailed and require evidentiary hearings.  However, it is important that you do not tolerate the non-compliance of a court order.  Meet with an attorney to discuss your options.  At Nelson, Krueger & Millenbach, we will meet with you to discuss your case and help you evaluate your options so you can determine the best course of action.  Call us at 414-258-1644 to schedule a free initial consultation or visit our website at http://www.nkmfamilylaw.com.

Handling The Holidays When Parents Have Family Law Issues

We have addressed this topic in our blog several times before. However, as the holidays are approaching again, we believe that it is an extremely relevant and important topic which deserves additional attention.

Managing holiday schedules can be cumbersome for any parent. When parents of minor children are facing family law issues or divorce, scheduling family gatherings during the holidays is often more complicated. In divorce, courts focus on the best interests of the children to determine child custody and placement matters. It may be difficult for parents who are at odds with each other to apply that standard in the way that courts do during a contentious divorce. Focusing on the children, however, in making holiday arrangements, instead of focusing on parental disputes, may provide a positive framework for easing strains in scheduling holiday events. Here are some tips parents may use to help keep the peace during the holidays:

Plan ahead – with communication

It is important to make arrangements well in advance of the holidays, while communicating the details with the other parent. Leaving sufficient time to work out disputes, possibly with the help of a lawyer, can help to avoid unwanted consequences. Realize that your attorney may have his or her own family obligations during the holidays. Waiting to the last minute to discuss arrangements with the other parent is likely to produce conflict which cannot be easily resolved.

Follow any court ordered parenting time schedules

While circumstances may change as the holidays approach, any court ordered placement plan should be followed in absence of an alternative agreement. If disputes or deviations from the plan unexpectedly arise, makes notes about what happened to have a record to accurately explain the facts to your lawyer when the holidays are over.

Avoid badmouthing the other parent

Badmouthing the other parent, or allowing the children to speak poorly about the other parent, should always be avoided. Be mindful of the fact that your child will have a continuing relationship with  the other parent. Moreover, your child should not be placed in the middle of your dispute with the other parent. It is important to understand that your child may miss the other parent, and other extended family members, when separated during a holiday. You should support your child during a difficult time. Allowing the child time to connect with the other parent over the phone or through other electronic means can ease tensions.

Keeping positive sends a strong message to children

Spend your parenting time positively with your child to foster a loving environment. Focusing on your child and remaining positive during the holidays can help you to create new memories that your children will cherish.

If you are considering filing for divorce, or expect your spouse to file after the holidays are over, it may be prudent to seek guidance. If you have any questions regarding your family law matter, please contact our office at 414-258-1644 to schedule a free initial office consultation.

Sara’s Law: A Law Intended to Protect Family Law Attorneys in Wisconsin

Family law is a unique area of law, often accompanied by an overabundance of emotions. Strong emotions typically tie in with family matters such as divorce, child custody and placement issues, and maintaining the co-parenting relationship for divorced or separated parents. It is not surprising that there are certain risks inherent with the officers of the court (attorneys, judges, guardian ad litems, etc.) involved in family law matters.

A tragic example is the story of Sara Quirt Sann, a Schofield, Wisconsin family law attorney. Quirt Sann, along with three other individuals (Everest Metro Police Detective Jason Weiland and Marathon Savings Bank employees Dianne Look and Karen Barclay) were killed on March 22, 2017 when Nengmy Vang carried out a violent attack on Quirt Sann’s office. Quirt Sann had been representing Vang’s wife in a divorce.

Quirt Sann’s story prompted the drafting of Wisconsin Act 272, colloquially referred to as “Sara’s Law” in memory of Quirt Sann. Sara’s Law was enacted on April 11, 2018 and makes it a Class H felony in the state of Wisconsin to harm or threaten to harm a current or former guardian ad litem, corporation counsel, attorney, or any of their family. Sara’s Law further specifies that the harm or threat of harm is in response to an action taken during a proceeding or other action that affects the family (i.e. a “family law” proceeding). Until Sara’s Law, threats made against family lawyers were not treated the same as judges, prosecutors, and law enforcement officers.

If a person is convicted under Sara’s Law, it would mean they are guilty of a Class H felony, which could result in the mandatory surrendering of weapons, a $10,000 fine, and up to six years in prison.

Sara’s Law is the first of its kind in the United States, and could prove to be indicative of a trend in American law to recognize and address the intrinsic risks with practicing an area of law so wrought with emotion. The attorneys at Nelson, Krueger & Millenbach, LLC are sensitive to the psychological and emotional tolls of family law, and are skilled in navigating these difficult matters. Should you have any family law related questions, please feel free to contact our office at 414-258-1644 to schedule a free ½ hour consultation with one of our experienced attorneys.  Or, for more information, visit our website at http://www.nkmfamilylaw.com.

 

 

New Wisconsin Statute Changes Procedures to Move a Child’s Residence

Governor Walker recently signed into law a Bill that changes the procedures that parents must follow in order to move or relocate with a child when both parents are granted any periods of physical placement. This change went into effect April 5, 2018, and affects any new actions, filed with the Court, requesting to move with a child. The new statute, Section 767.481, Wisconsin Stats., applies to cases that are originally commenced on or after April 5, 2018, or cases in which legal custody or physical placement order is modified on or after April 5, 2018. However, it is still somewhat unclear as to which cases this new statute applies to, and to which cases the previous statute still applies.

The previous move or relocation statute required that a parent seeking to move more than 150 miles or out of state to follow strict guidelines to provide notice to the non-moving parent of the intended move. The new statute requires that a parent seeking to move more than 100 miles from the other parent, regardless of whether or not that move includes crossing state lines, must file a motion with the court and include the following relocation plan:

  1. The date of the proposed relocation.
  2. The municipality and state of the proposed new residence.
  3. The reason for the relocation.
  4. If applicable, a proposed new placement schedule, including placement during the school year, summers, and holidays.
  5. The proposed responsibility and allocation of costs for each parent for transportation of the child between the parties under any proposed new placement schedule.

The new law also outlines how the parent not requesting a move must object to the move, which must be filed no less than 5 days before the initial court hearing. Also, parents are not required to file a motion if the parents already live more than 100 miles apart, however there are provisions requiring written notice in the event of a proposed moved.

The parties will attend an initial hearing within 30 days of the motion regarding the proposed move.  The Court will make a determination as to whether the proposed move is in the best interest of the child, or not. There are certain requirements outlined in the statute for the objecting parent to comply with such as the court may refer the parties to mediation, appoint a guardian ad litem, or set the matter for a further hearing to be held within 60 days of the initial hearing. The court can also temporarily allow the party child to move. The statute also outlines factors that the court shall consider in making a final decision to allow the child to move with the relocating parent at the final hearing.

This new relocation statute has a far reaching effect on how the court will now approach a parent’s request to relocate with minor child.  It is now even more difficult to move with a child out of state.  It is also unclear as to how the courts will interpret this new statute. These new requirements may have a direct effect on whether you, or your child’s other parent may move more than 100 miles away. If you are considering moving your residence with your child’s or believe that your spouse intends to move with your minor child, call us at (414) 258-1644 to schedule a free initial consultation to discuss your case.

 

 

Domestic Partnership Registration Ending in Wisconsin

As of April 1, 2018, Wisconsin will no longer offer new applicant Domestic Partnership status in Wisconsin. The Domestic Partnership registry provides some important protections to unmarried

same-sex and opposite-sex couples. When this status was made available almost a decade ago, marriage was not a legal right for all persons. Now, marriage is a legal right in Wisconsin for all persons.

Some of these important protections that domestic partnership status includes are: family medical leave for a sick or dying partner, the ability to obtain health insurance for a partner, hospital visitation rights, application of spousal privilege so a domestic partner cannot be compelled to testify against his or her partner, the right to inherit if a partner dies without a will and the transfer of real estate between partners without taxes.

While this status does not provide the full legal protections that legally married couples are entitled to, it also does not require the same obligations. For example, in the event that a domestic partnership does not work out, there is no official “divorce” process and there is no requirement to share debts, support your partner, etc. This is part of the appeal to obtaining this type of status.

Importantly, couples who have already obtained domestic partnership status in Wisconsin or successfully do so prior to April 1, 2018, will still maintain the rights and benefits associated with this status after the April 1st deadline. If couples are not likely to get married this year, registering for this status before the April 1st deadline may be worth considering.

Should you have any family law related questions, please feel free to contact our office at 414-258-1644 to schedule a free ½ hour consultation with one of our attorneys.

What to Look for in Hiring a Divorce or Family Law Attorney

Once you make the difficult decision to pursue legal action such as a divorce, paternity action, or a a post judgement modification or enforcement motion in a family law matter, the next decision you are faced with can be as equally difficult. Will you hire an attorney and, if so, which attorney will be best suited to represent your best interests in your legal matter? There can be many attorneys to choose from and the internet may seem to be overloaded with information and options.  Below are some tips for what to look for in hiring a divorce or family law attorney.

 

If you do not have a direct referral to an attorney, most people start their search with an internet search with terms such as divorce attorney or ____ (fill in the blank with the type of attorney you are search for) attorney in your area.  This brings up a list of attorneys or firms who practice that type of law in that certain geographical area.  The attorneys or firms who appear on the first page or high up in the search results are often the attorneys or firms who have the best reviews or have the highest volume of cases in that particular area.  This generally means they are also the most experienced attorneys in that practice or geographical area.  Generally, people choose attorneys from those who appear first in those couple of pages.  From there, when searching for the right attorney, you may want to review an attorney’s or firm’s website, online reviews, and schedule a consultation. When doing this, there are a few things you may want to keep in mind. For example, a website can be very helpful in showing whether or not an attorney has kept their page up to date,  whether  they write articles or blogs, which can offer helpful information and tips and also provide insight into whether the attorney, or whether their firm, is truly knowledgeable in that area and stays up to date with the laws that apply to family law.  Websites can also provide information as to which specific areas of law an attorney or firm practices, how experienced they are, or whether they have won any awards or are members of any specific organizations.  For example, please review our website at www.nkmfamilylaw.com. All of this information can give you a better idea about how experienced an attorney is in the area you are searching for.  The more experienced an attorney, the better chance you have at receiving a positive result in your matter and/or obtaining the best possible advice about what may happen in your case.

 

When searching for an attorney, it is important to find out how the attorney how their fees are charged.  Some attorneys and firms charge an hourly rate and calculate your fees by the amount of time it takes to work on your matter. When you are considering attorneys, it is important to ensure that you will get an itemized billing statement on a frequent basis. Other firms may bill at a flat rate based upon the work that needs to be completed in your matter. That may be a cost-effective way to handle certain matters, but it may also be difficult to know if you are going to get the attention and dedication to your case once your flat fee has essentially “run out.” It is important to know what services the flat fee will cover, and if any future fees may be required if your matter becomes more time intensive, or if something changes in your matter, that would require additional fees and how much.

 

It can also be very helpful to look at online lawyer client reviews to help you when choosing an attorney. While many of these reviews can give you a better understanding of how the lawyer practices, it is also important to keep a few things in mind. Attorneys have certain ethical obligations that prohibit them from making any in-depth comments about client’s cases.  So, if you encounter a bad review of an attorney, keep in mind that the attorney may not be able to respond to the commentator, whose review may or may not be truthful or relevant to the quality of services that the lawyer or law firm provides. It is also helpful to remember that anyone can leave a review, including an unhappy or unsuccessful opposing party, which has been known to happen. There are also cases where a client is in the wrong or is the cause of the problems in their own case which causes an unfavorable result.  These clients often are the ones who leave negative reviews which really do not accurately reflect the competency of an attorney as a whole.  You should take into consideration the above if the majority of the reviews for the attorney or firm are positive, except for one or two.  To determine for yourself if the reviews are accurate, it may be best to review the attorney’s or law firm’s website and utilize a consultation with the attorney or law firm to decide for yourself if that attorney will best represent you in your legal matter.

 

Finally, you may be able to schedule a consultation with one or several attorneys to see who is right for you. Some attorneys and law firms offer a free consultation, while others may charge a fee for their consultation.  Whether there is a charge for a consultation or not does not necessarily indicate the quality of that attorney’s or law firm’s services.  Instead, consultations, like job interviews, are helpful for both clients and attorneys to ensure that there is a good fit for any future legal representation.

 

These examples show why it is important to consider many factors when choosing the best attorney to represent you in your family law matter. After reviewing our firm and our attorneys, we are confident that you will find we fit all of the above criteria.  If you wish to contact our firm to see if we can best represent you in your upcoming or pending family law matter, call us at (414) 258-1644 to schedule a free initial consultation to discuss your case.

Holiday Tips for Parents Going Through Family Law Matters

Now that the holidays are upon us, we want to remind parents who are going through family law matters of some helpful tips to ensure peaceful holidays for your family:

  1. Do not wait until the actual holiday to confirm plans/details. Be sure that you and the other parent are on the same page well before the actual holiday, so you do not have any conflict.  Keep in mind attorneys take off time over the holidays too so allow plenty of time to be able to contact your attorney, or so that your attorney can contact the other attorney, in order to resolve any disputes.
  2. If you have a disagreement about placement and the holiday is now upon you, follow your court ordered agreement and keep the peace. Take detailed notes of what happened and connect with your attorney about any concerns or violations of the court orders after the holidays.
  3. Unless there is a legitimate safety concern for your children, police contact should be a last resort, especially over the holidays.
  4. Do not speak ill of your ex in front of your children or around your children. This includes not speaking ill of your ex even to other family members at a family gathering while your children are in ear shot, or allow friends or family to make such comments around your children. There is no reason while your children need to hear about your conflict over the holidays.
  5. Do allow your children to talk about their other parent with you. Holidays are difficult for children when parents are separated, especially if this is new to the children. You should, however, support your children if they tell you that they miss their other parent. Consider allowing a phone call or Facetime chat, so that your children can connect with the other parent.  Perhaps in return, your ex will give you the same courtesy when you are not with your children during a holiday.
  6.  Above all, remember the holidays are about your kids. Ensure to the best of your ability that you make the holidays positive for your children. Maximize your holiday placement time with your children by spending quality time with them creating memories and new traditions.

If you have any questions regarding your family law matter, please contact our office at 414-258-1644 to schedule a free initial office consultation.

Happy Holidays to you!

 

Tax Reform Bill May Have Significant Impact on Divorce Issues

 

The Tax Reform Bill that is currently before Congress includes a provision to eliminate the ability to take a tax deduction for alimony, or maintenance, payments.  If passed, this provision could become effective as early as January 1, 2018. This means that a divorce, legal separation, or modification orders entered into after December 31, 2017, would fall under the new guidelines of the Tax Reform Bill. Currently, the spouse who pays maintenance, or alimony, pursuant to a Court Order, can deduct those payments from his or her income. It is also important to remember that the proposed Tax Reform Bill may be subject to revisions, and must be passed into law, so these changes are not guaranteed at this time.  However, many people are concerned about the effects the new tax reform bill

will have on them, particularly if they are paying or receiving maintenance (alimony) or may in the future.  Therefore, we believe it is important to begin discussions of these possible changes as soon as possible.

The current tax law may allow for more money to be available to the parties for maintenance purposes as the higher income party may not be taxed at a higher income rate because he/she is paying a portion of that income to the lower income party, who will claim that maintenance as income at a lower income bracket. Because the proposed Tax Reform Bill will  no longer allow the higher income party the ability to deduct those maintenance payments on his/her tax return, he/she may be taxed at the higher income rate, and there will be less income available to the parties when calculating support. In effect, the proposed Tax Reform Bill increases the amount of taxes paid by a divorced couple then what they would have paid previously because the tax bracket of the payor does not change.

This tax proposal has a far reaching effect to any case in the U.S., includingWisconsin, that requires one party to pay maintenance to the other party, regardless of when the final divorce order is entered.  While an order to pay maintenance may exist before January 1, 2018, it will still be subject to modification in the future. Therefore, if either party requests that maintenance be modified, it will then be subject to the new provisions of the Tax Reform Bill.  As a result, the paying spouse will then no longer be able to deduct maintenance on his/her income taxes.

There may be other aspects of the proposed Tax Reform Bill that could help off-set the effect of these changes to the tax code for divorce couples, such as the proposed increase of the child and family tax credit, and the proposed change in the tax brackets for all filers. However, it is difficult to say what else may effect parties who are divorcing, or are divorced, as it is not clear what the final bill will include, and how some of those provisions may effect divorcing parties.

These examples show why it is important to consider the proposed tax changes and resulting consequences related to support at the time of divorce, or when considering a modification of support.  If you believe that you will need to address maintenance issues in your matter, whether it is before the date of divorce or in determining a modification of maintenance after divorce, call us at (414) 258-1644 to schedule a free initial consultation to discuss your case.

 

The In’s and Out’s of Electronic Filing in Wisconsin

 

In most counties in Wisconsin, electronic filing (“eFiling”) is now mandatory. So, if you do not know about it yet, it’s time to learn the in’s and out’s of eFiling.

To participate in eFiling, you must set up an account.  This applies whether you are an attorney or self-represented litigant. Once you have an account, you are able to “opt-in” to current cases, or begin an initial filing. To do either of these, you need to enter the case information, upload the documents you wish to file and pay the required fee.  Most files are required to be in PDF format.  Be sure to click through and follow all of the steps, as you will see confirmation of filing if you have done it correctly. If you click out of the screen before you receive confirmation of filing, you likely have not properly filed the document.

Some of the benefits of eFiling are that it saves time, may save money and is available 24 hours a day, 7 days a week. This type of accessibility allows you to view your eFiled case at any time by logging into the eFiling website.  You also receive electronic notice of any document filed in your case by the other party as soon as the Court receives it in.  Proponents of eFiling indicate that it will also “decrease data entry, improve the speed with which information can be retrieved and shared, reduce staff time and storage costs, and improve storage security.”

eFiling also changes public access to a court file. The public can still access public records on computers in the offices of the clerks and registers in the courthouse. As for confidential records, only authorized individuals can request a temporary access code that will allow them to look at files in the courthouse. The clerk or register will print copies on request at the current price per page.

One of the more unattractive effects of eFiling is that the court loses the oversight it previously had for accepting and rejecting filings. While there is still an ability for the clerk to reject a filing once filed, there is no current ability to stop the filing at the onset. Another difficulty is the simple fact that it’s a new system. So, it is not uncommon to encounter errors or delay along the way as the persons tasked with navigating this new system attempt to efficiently guide the eFiling users. While the eFiling system is still a constant work-in-progress at this early stage, the benefits seem to be outweigh the occasional frustration.

If you have additional questions about eFiling, the Wisconsin Court System website has created a “Frequently Asked Questions” page that provides helpful responses for new users. You can access that site here:  https://wicourts.gov/ecourts/efilecircuit/faq.htm.  Many people may be intimidated by this process when trying to file divorce on their own.  However, clerks are generally available at the courthouse to assist you in this process.

If you have other questions related to filing a matter, please feel free to contact our office at 414-258-1644 to schedule a free ½ hour consultation with one of our attorneys.

 

 

 

 

The Importance of Being Honest with Your Family Law Attorney

More often than not, people hire family law attorneys during a difficult time in their lives. Understandably, some of the facts that may lead you to seek counsel may not be easy to discuss with an attorney. However, it is imperative for the attorney who is representing you to know all aspects of your case and for you to be honest with your divorce or family law attorney.

In the early stages of a case, the attorneys in our firm will often ask “What would the other party tell me about you if they were sitting in my office today?” The reason we ask this question is to find out any negative or difficult facts in a case that will likely come up during litigation. Your advocate counsel needs to be informed of all potential issues that you are aware of, so that we can properly advise you of what next steps should be taken to benefit you throughout your case. More importantly, if there is a “bad fact”, your attorney can address it proactively.  We will not judge you or think poorly of you but we do need to know of any issues which may negatively impact you in a divorce so we can assist you in addressing these issues.

An example of this would be if someone came into our office and admitted to being an alcoholic if they have minor children. With that knowledge, we can advise our client to seek treatment, attend meetings and hopefully be in a position to provide proof of a solid period of sobriety by the time this issue would make its way into court. If we are not made aware of this issue and/or if the first time we hear of this issue is in court from the other attorney or party, we will not be in a great position to defend this allegation or to show what steps have been taken to address this concern. In this example, if your attorney knows about your condition, she can be honest with the court about your issues and, more importantly, she can tell the court what you are doing (or have done) about it.  When your attorney knows all facts, good and bad she is able to control how the information gets into the court.

It is also important that you continue to update your attorney throughout your case, even if those updates are difficult to discuss. Using the example of the client who is an alcoholic, it may be the case that the client relapses during the pendency of the action and is too embarrassed to tell his/her counsel. The fact is, not telling your attorney “bad” facts is far worse than sitting through an uncomfortable conversation with your attorney about mistakes you have made. Once the information is disclosed, you and your attorney can brainstorm ways to address the issues. The court is likely to find out about it anyway.  You want your attorney to control how this information is presented to the court.  The only way for that to happen is for you to be 100% honest and open with your attorney.

There also may be situations where you do not want to disclose certain information.  Your conversations with your attorney are 100% protected by client confidentiality rules and your attorney must not reveal any information given to her in confidence.  However, if presented with all of the facts, your attorney can either discuss with you ways to protect this information, explain to you why it must be disclosed (in the instance of financial information) or, again, find the best way to disclose this information in a way that is most beneficial to you and your case.

As attorneys, we cannot protect clients from their actions that may negatively affect their case. If a client continues to take actions that negatively affect his/her case, despite the advice of his/her attorney, it may result in a situation where the attorney no longer believes they can represent that client’s interests. However, if clients are honest with us throughout the process and listen to the advice we give to them, we are in a better position to help advocate for our client’s interests.

If you wish to speak with an attorney about a difficult family matter, please feel free to call our office at 414-258-1644 to schedule a free consultation with one of our skilled attorneys.

Tips for Divorced Co-Parents Before the School Year Begins

For parents with children, summer is often a time to relax and recharge before another busy school year begins. One of the best things you can do for your children who are traveling between two homes is to use the summer time to work with the other parent to prepare for the upcoming school year.

  1. If you have a different schedule in the summer vs. the school year, be sure to have a clearly defined “school year” placement schedule and “summer” placement schedule in your legal paperwork. That way, both parents know definitively when to switch from one schedule to the other. A suggestion: “the school year will be defined as one (1) week before school begins, not including the first day of school, until one (1) week after school ends, not including the last day of school.”
  2. Depending on how old your children are and how your children are doing in school, discuss strategies for how you will stay on top of homework, studying and assignments at each of the households. While it is great if parents could be on the same page with all of this, many parents who have separated “parent” differently. For example, in one home it may be the rule that all homework must be done right after school before you can play outside, etc. Whereas, in the other home the rule may be that you can play outside right when you get home from school, but you cannot watch any TV after dinner until all of your homework is done. While it would be best to have the children have the same routines at both homes, that may not be achievable. So, it is important that the children at least have the same expectations (i.e. homework must be completed before bed) at both homes and that the parents are committed to be on the same page for that big picture goal.
  3. Make sure that you decide how involved your children will be in extracurricular and/or school-related activities before the school year begins. Many parents in Wisconsin have joint custody, which means you have equal rights to make major legal decisions, including decisions about school, for your children. Therefore, it is important to connect with the other parent before school/activities begin to make sure you are on the same page with how involved or uninvolved your children will be after school and on the weekends. This is particularly important when one parent wishes to sign a child up for a sport that may have practice every day and tournaments/games on weekends. That almost always means that some of the scheduled activities fall over the other parent’s time, which needs to be approved by that parent. By working this all out ahead of time, you protect your children from conflict or from having to be involved in a disagreement between the parents where ultimately one parent becomes the “bad guy” to the children. The “bad guy” is usually the parent who is not in agreement with the activity the child wants to do- even if there are valid reasons for disagreement.
  4. Prepare early on for how you will successfully spare the school staff and coaches from uncomfortable encounters with you and the other parent. For example, if one parent cannot or does not behave appropriately around the other parent, discuss early (and privately) with your children’s teachers that each parent will be scheduling their own parent/teacher conference. If one parent cannot or does not behave appropriately around the other parent at your child’s soccer game, divvy out the games as soon as the schedule comes out and plan to attend only games that the other parent will not be attending. In an ideal situation, ex-spouses will be able to be around each other and behave appropriately for the sake of their children. However, this is not always the case. So, it is important to strategize ways to avoid putting your children or their teachers/coaches in uncomfortable situations.

 

If you wish to speak with an attorney about co-parenting strategies and helpful ways to address these issues in legal documents, please call our office at 414-258-1644 for a free ½ hour consultation with one of our skilled attorneys.

Marital Assets Often Overlooked in Divorce

Wisconsin is a marital property state, which means that all assets and debts that are a part of the martial estate are subject to a fifty-fifty division in divorce. Generally, it is fairly simple to identify marital assets and to determine how to fairly divide them. However, couples may overlook certain intangible assets when they are dividing the marital estate in their divorce.

Intangible assets may include credit card reward points, travel miles or hotel points, which are accrued during the marriage. Dividing these assets could be tricky given that they can be tied to the individual who was doing the traveling or tied to the credit card holder. One of the first steps to take when you and your spouse have credit card rewards, hotel points, or travel miles is to contact the company to determine their policy in dividing these assets. Remember, there may be fees associated with dividing these assets, so keep that in mind in determining how you would like to proceed. It is also important to keep in mind that some companies will not divide these rewards into two separate accounts.

However, many companies may assign a monetary value to the rewards points or travel miles.  If they do, you can determine if a buy-out of the other spouse’s interest in those rewards is the best option.  It may also prove helpful to assign a value to these rewards to gain a better perspective of how much you wish to argue over these assets. Determining the value may be difficult when the company that you have these rewards or points through does not assign a value.  In this case you may need help agreeing upon a value of these assets.

You may also want to consider how these assets were accumulated. For example, if you and your spouse have accrued a large amount of travel miles because you have a child attending college in another state, then agreeing to allocate the travel miles for the use of your child’s travel may be a creative way to resolve the conflict in dividing the travel miles. Or, perhaps there simply can be an agreement that the other spouse can use the miles to book a certain number of trips and how that will occur.

Another often overlooked asset are stock options or restricted stock options offered by one spouse’s employer. It is unusual for these options to be split between the parties, and usually requires either a buy-out of the value of the stock.  However, it can be very difficult to determine such value, or determining a method which would allow the non-employee spouse an opportunity to exercise the stock option through the employee spouse. There are several factors which also must be considered when dividing stock options, especially the tax consequences for both parties in exercising the options.

Another asset unique to Wisconsin that can be overlooked are Packers season tickets. It is common that season tickets be passed down generation to generation, and to be a highly coveted asset by Packers fans. If a spouse acquires Packers season tickets during the marriage, then those tickets are also subject to division as a marital asset, as they can stay in the family for years.

If you believe that you or your spouse have the types of assets as those mentioned above, or that you believe you need help identifying these assets and dividing them in your divorce, call us at (414) 258-1644 to schedule a free initial consultation to discuss your case.

The Role of Guardians ad Litem in Family Court Matters

In family court matters, a Guardian ad Litem (“GAL”) is an attorney who is appointed by the Judge to represent the concept of the “Best Interest of the Child.” This is different and easily confused with “representing the child.” It is important that the GAL provides the child the opportunity to have a voice and make that child’s voice known. However, it is equally as important that the GAL make it clear to the parties and the child that the child does not have the benefit or the burden of making the choice in these matters.

Further (and unlike a mediator), the GAL does not have to remain neutral in a matter. This means that the GAL’s recommendation may align with one parent’s position and not the other parent’s if the independent evaluation and investigation that was conducted by the GAL leads him/her to that position.

The appointed GAL has a duty to be a part of and approve all decisions that impact custody, placement, paternity, support, sharing of variable expenses, tax exemptions, school attendance, therapy, daycare, health care, transportation, extracurricular activities, insurance, uninsured expenses, child support or any other issue which affects the best interests of the child.

While the GAL is expected to advocate for the best interests of the child, the GAL is not expected to be a private investigator, social worker, therapist, etc. As a legal advocate, the GAL may file motions on behalf of the best interest of the child, referring the child or other members of the family to therapy or counseling, or requesting psychological evaluations of the parties and/or the child.

The GAL should convey recommendations to the parties and/or their counsel before court (if possible) and should provide a brief status of the work that is being done on the case at each court appearance.

The GAL should work with the parties to attempt to resolve the issues related to the children outside of court, as there are almost no circumstances where a trial on these issues is in the best interests of the child.

Since Guardians ad Litem are appointed by the Judge on your matter, you often do not have a say as to which GAL is assigned to your case. However, with any GAL it is important to cooperate with his/her investigation, and to present all information and evidence that you believe the GAL must know in order to make a sound recommendation for the best interests of the child.

If you are considering a court action that will eventually involve a Guardian ad Litem or you are in the middle of a court action involving a Guardian ad Litem, please feel free to contact our office at (414) 258-1644 for a free consultation to discuss how to best prepare for and navigate a GAL investigation.

 

What is a De Novo Review in Wisconsin?

In Wisconsin, many people may find that their family law matters, or restraining orders, will be heard in front of a court commissioner. This is because the courts are able to delegate this authority in order to more efficiently use the judge’s court calendar. However, if a party believes that a court commissioner gets the decision on their issue or issues incorrect, that party has recourse.

Pursuant to Wisconsin State statutes, any decision of a court commissioner shall be reviewed by the assigned judge, upon a motion of any party.  Essentially this is an appeal of that decision and it is called a “de novo review”, which means the judge will review the issues in a new hearing as though there was never a hearing and ruling by the court commissioner. This motion for a hearing de novo must be made in writing. The judge are supposed to allow both parties to testify again, review all of the evidence, hear witnesses, and then the judge will make a determination on the issues pertaining to the original filing that brought the parties in to court the first time.  However, it is important to note that many judges handle these types of motions much more informally and try to avoid a full second hearing, except for restraining orders, although they are required to do so by law.

There are certain time limits for filing a motion requesting a de novo review, and these limits are set by each county in their local court rules. In general, if your issues are a part of a family court matter (regarding custody, placement, child support, maintenance, contempt, or post judgment issues), the party seeking a de novo review shall usually have about 10 -15 business days, depending on the county in which your case is being heard, from the date the court commissioner signs the order and gives it to the parties at the hearing. If the court commissioner does not give each party and attorney present a written copy of that order, then the party seeking a de novo review may have a different time period from the date of mailing the order.  If you believe that the court commissioner’s order is unfair, it is extremely important to ask at the time of the hearing what the time period for a request for a de novo review is in that county and to file that request as soon as possible following the hearing.

If a party is seeking a de novo review of an order involving the granting or dismissal of an injunction (restraining order), there may be a different deadline.  For example, in Milwaukee County, the party seeking the de novo review from a family court commissioner case in a divorce or paternity shall have fifteen (15) days from the date of a hearing, providing they receive a copy of the order immediately, but shall have thirty (30) days after the court commissioner issued the order or ruling in a restraining order. It should be noted that the thirty day deadline includes weekends and holidays but a deadline less than thirty (30) days does not. These slight variations in deadlines make it important to check with your county’s local court rules to ensure that you do not lose your right to request a de novo review.

It may be the most practical to file for a de novo review hearing immediately after your hearing if you believe that the court commissioner made the wrong decision in your matter. If you believe that you need a de novo hearing, or that a party has filed for a de novo hearing in your matter, call us at (414) 258-1644 to schedule a free initial consultation to discuss your case.

 

Can My Spouse and I Use a Mediator Instead of Lawyers In Our Divorce?

Mediation - dispute resolution process.

Many people ask if they can use a mediator instead of lawyers in a divorce.  Recent changes by the Wisconsin Supreme Court, redefining the role of a mediator in a divorce action, have caused many people to ask this very question.  In order to determine what is right for you, an understanding of the difference between Lawyer-Mediator and Advocate Attorney is needed.

Typically, a mediator’s role has been to help parties find solutions to disputes from a neutral, third party perspective. Mediation is confidential and scheduled outside of court, so it aims to promote open, honest and unreserved discussion between the parties. Mediators can benefit parties in a divorce by helping suggest constructive alternatives to the positions of each of the parties and to help to find a reasonable solution based on the presentation by both parties. Mediators will sometimes prepare a short and neutral-toned memorandum of the agreement between the parties if agreements are reached. Then, the parties are responsible for ensuring that an agreement is drafted and submitted to the court so that it becomes an order of the court.

Recently, however, the Wisconsin Supreme Court has approved the expansion of the role of a lawyer serving as a mediator.  Specifically, “lawyer-mediators”, are now permitted to draft, modify or file documents confirming, memorializing, and/or implementing the parties’ mediated agreement.  In order to do so, the law requires that the lawyer-mediator maintain neutrality throughout the process and also have the written informed consent of the parties.

As this new rule is rolled out (effective date of July 1, 2017), it is important to understand that lawyer-mediators are not interchangeable with advocate counsel.

In fact, as part of the written “informed consent” that the lawyer-mediator must obtain the lawyer-mediator must inform the parties that it is important to seek independent legal advice before executing any documents prepared by the lawyer-mediator. This is done because the lawyer-mediator cannot assume an advocate role. Therefore, a mediator does not necessarily replace the need for an attorney to advocate for your interests.

By nature, mediators must be neutral.   Mediators are hired to help the parties reach an agreement and not advocate a certain theory or provide advice to the parties.  Therefore,  lawyer mediators may only perform these additional duties allowed under the new rule if it can be done without compromising his or her neutrality and so long as they do not assume an attorney-client relationship with either party.  This means that any document drafted by the lawyer-mediator would need to be a “neutral” document; that the lawyer-mediator shall not attempt to advance the interest of one party at the expense of the other party; and that the lawyer-mediator may not give legal advice to either or both parties while acting in that neutral capacity.

This can lead to issues however, because often times one or both parties do not understand all of the consequences of their decisions. An attorney acting as neutral mediator may attempt to explain these consequences to the parties in mediation but only if they can do so without giving legal advice, without acting as counsel for either party and without compromising his/her neutrality. Practically speaking, this is a very difficult task when many issues impact the parties differently in a family law matter. As is often the case in family law matters a question from one party may have an adverse effect on the other party.  How does a lawyer mediator answer questions without giving legal advice or advocating (albeit innocently) for one party or the other? At Nelson, Krueger & Millenbach, LLC, we believe mediation is a valuable tool and resource in many family law matters. As such, we often use the assistance of lawyer-mediators in cases where we need a neutral opinion on unresolved disputes.  However, at all points during the case, and during the mediation, our clients have an advocate who is consistently working to advance your interests and explain the consequences of your decisions.  This is not a benefit afforded to litigants who move forward with mediation without the benefit of advocate counsel.

Lawyer-mediators also cannot act on the behalf of a party in court, cannot assist the parties in court matters such as scheduling or procedure and cannot appear in court with the parties.  Many people are confused and intimidated by the court system.  Advocate counsel can assist you in all aspects related to the court system itself.

So, while lawyer-mediators may assist advocate attorneys greatly in family law matters, they have different roles than advocate attorneys and that should be well understood before the decision is made to use only one or the other.

If you have a family law matter that you wish to discuss with an advocate attorney at our firm, please do not hesitate to call our office at 414-258-1644 to set up a free consultation with one of the attorneys.

What Is the Most Popular Time of Year To File a Divorce?

Divorce concept with gavel and wedding rings

When do people most commonly file for divorce? While there can be many reasons why individuals may consider filing for divorce, there are certain times of the year that courts see an increased number of divorce filings. In a recent article published by CNN, with an analysis by FindLaw.com, states that American divorce filings between 2008 and 2011 revealed a surge in divorces in the month of January, with divorce filings increasing and peaking in late March. The article suggests many reasons for this trend, and can be found here:

http://www.cnn.com/2017/01/09/health/january-divorce-month-matrimony/?iid=ob_homepage_deskrecommended_pool

In summary, this article suggests that many people make up their minds about a divorce before the holidays, but hold off until January to avoid appearing heartless to family and friends by ending a marriage during the holidays. Many people may also be motivated by budget issues to wait until after the New Year. The end of the year is generally when many people receive bonuses, which can be helpful when approaching the expense of a divorce. Plus, waiting until the New Year can allow couples to file their taxes jointly for the previous year, which can be beneficial for the parties facing a divorce.

It is suggested by psychiatrist and author of “The Intelligent Divorce” book series, Mark Banschick, that the start of the year, for many people, is an “existential moment,” where people self-assess their lives and determine that life is too short, and that the current version of who they are is unhappy. He notes that the best time for a divorce is when an individual feels centered about who they are and what it is that they need in life.

Surprisingly, another time of year that people commonly file for divorce is in September. Traditionally, summer is the time for family vacations because the children are home from school, and many people do not want to start trouble at this time. Summer is also wedding season, and many people do not wish to attend weddings in the middle of a divorce. So, similarly to the end of a busy holiday season, people tend to feel like the time for togetherness is over, and it is time to get back to real life.

To those of us involved in the area of family law, it is clear that a divorce is a difficult decision for anyone to make at any time. The decision to proceed with a divorce can have a profound effect on the individual’s family, financial well-being, and daily life. If you are facing this difficult decision, call us at (414) 258-1644 to schedule a free initial consultation to discuss your case.