General Divorce

5 Signs You Need a New Divorce Lawyer

nelsonda Divorce Attorneys, General Divorce , , , , ,

It’s unfortunate, but not every divorce lawyer is a great one, and there are attorneys out there who are more interested in collecting an hourly fee than they are in properly representing your interests while you legally separate from your spouse. And even beyond that, not every good divorce attorney is a great match for a particular client or situation for reasons that have to do with their background, fees, personality, or other details.

The bottom line is that sometimes you need to divorce yourself from a lawyer or law firm before you can get on with the business of divorcing from your spouse. Here are five signs you need to find a new divorce lawyer:

1. Your divorce lawyer doesn’t have enough experience. Going through a divorce could turn out to be the most significant legal and financial process you ever undertake, and one that will likely affect every day for the rest of your life. With that in mind, you want someone with years of experience in divorce law representing you, not a person who is still making a name for themselves.

2. Your divorce lawyer doesn’t ask many questions. No two divorce situations are identical, and your priorities (like keeping certain assets or maintaining child custody and placement) might be different from the ones other people had in the past. Because of that, it’s important to have a divorce lawyer that asks a lot of questions, so they can properly represent you. If they don’t, it’s time to move on.

3. Your divorce lawyer can’t remember you or your case.  Do you feel like you are re-inventing the wheel every time you talk to your divorce lawyer?  Do they forget your name or the major facts of your case (like whether you even have children)?  While your lawyer can’t be expected to remember every detail at all times, they should at least retain the basic facts of your case.  Even better, they remember most of the facts of your case.  If they don’t, they either have too many cases or a terrible memory or don’t care.  Either way, that is not good for you or your case.

4. You rarely see or hear from your divorce lawyer. Depending on the size of the law firm handling your divorce, you may spend a lot of time talking to junior attorneys, paralegals, and office assistants. There’s nothing wrong with that, but it’s also important that you have access to your divorce lawyer when you need to meet with him or her. If they can’t ever make time to speak with you, then you might consider taking your case elsewhere.

5. Your divorce lawyer stirs up emotional arguments. A good divorce lawyer will help you stay calm and measured throughout the legal process. If you find that your attorney regularly speaks in a way that makes you feel heated, then it might not be a good match, since overly emotional thinking during a divorce often leads to a longer negotiating time frame… not to mention decisions that you might regret later.

Your divorce is too important to trust to the wrong legal team, so if you spot one of these warning signs, consider looking elsewhere for representation.

If you need a great divorce lawyer to help protect your interests, why not call us at 414-258-1644 to set up an appointment with one of our attorneys today?  For more information, also see our website.

Gray Divorce – What Is It and Why Is It Making Headlines?

nelsonda General Divorce , , , ,

I ran across several articles recently discussing “gray divorces”.  Apparently, the Wall Street Journal published a recent article discussing the increasing rate of divorces among couples 50+: “Though overall national divorce rates have declined since spiking in the 1980s, ‘gray divorce’ has risen to its highest level on record….In 1990, only one in 10 people who got divorced was 50 or older; by 2009, the number was roughly one in four. More than 600,000 people ages 50 and older got divorced in 2009,” the paper reported.  (See article here).

The article also cites a 2004 national survey conducted by AARP which found that women are the ones initiating most of these breakups. Among divorces by people ages 40-69, the survey found that women reported seeking the split 66% of the time.  The article speculates that this trend reflect the boomer generation’s desire for self-fulfillment.   “With the children out of the house and the realization one may have twenty five or more years of life, women often decide they want to strike out on their own and find greater personal satisfaction. “

While this may all be true, the reasons anyone seeks a divorce, including older people, are complicated and numerous.  Also, we find that women are in the majority of those filing for divorce, regardless of age and regardless of the reasons.  Even if the men are the instigators of the divorce, through infidelity or other issues, women tend to be the filing party because they are concerned about protecting the children, assets, or making sure they have enough to live on.  Therefore, it is not so easy to pinpoint the causes of divorce in any type of situation.

With that said, we do find that the largest group of people seeking divorce tend to be those married twenty (20) years or more.   Because the marriage is longer, this opens the door to many issues such as maintenance (alimony), more assets, more debts, etc.  These divorces tend to be among the most complicated.  If you are seeking a divorce, you should contact an experienced divorce attorney to determine what issues you may face and the potential outcomes to assist you in making this very important decision.

To discuss a potential divorce and what it may mean for you, call our office at 414-258-1644 to schedule a free initial office consultation or visit our website for more information.

–Teri M Nelson

Why All Divorce Lawyers Aren’t the Same… and Why it Matters to You

nelsonda Divorce Attorneys, General Divorce , , , , , , ,

If you are just starting the process of a divorce, you might be feeling a bit overwhelmed and frustrated. Your first impulse might be to find a great divorce lawyer with reasonable fees who can help you through the process and just get started right away.

That’s understandable, but it can also lead to big problems later.

Navigating the legal framework of a divorce is a lot more complicated than filling out forms, and there are many different ways to approach the process. Even the best divorce lawyers can have very different strategies and methods. More than that, working with one or the other can entail big differences in costs, stress, and even damage to your future relationships with your ex-spouse and children.

To put it another way, not all divorce lawyers are the same, and the differences are important to understand. Here are a few things to keep in mind:

Divorce attorneys can have very different strategies

Some divorce lawyers are great at protecting assets, while others are experts in securing things like child custody and placement. To find the right match for your situation, consider what your biggest priorities are, and then try to find divorce attorneys who have matching experience. Once you meet with them, get a sense of what their legal strategy is like, and how that might affect your divorce proceedings.

It’s important to agree with your divorce lawyer’s negotiation style

Although there will undoubtedly be attorneys acting as middlemen, your divorce lawyer is essentially helping you to negotiate against your former spouse. That can be an emotionally draining process, and one that leads to poor decisions if it isn’t handled properly. For that reason, it’s important that your divorce lawyer have a negotiation style (no matter how aggressive or consolatory) that you agree with and support.

You may want a divorce lawyer with trial experience

Once things go to a courtroom, the entire dynamic of a divorce proceeding can change, and you’ll want a divorce attorney who’s comfortable in that environment. A divorce lawyer with trial experience will know how to manage emotions, make a favorable impression of the judge, and generally ensure that your best case is being put forward.

You don’t want to have a personality conflict with your divorce lawyer

You don’t have to like your divorce lawyer, but it is a good idea to choose one who doesn’t have a personality that clashes with your own, or one who doesn’t seem sympathetic to your situation. Whatever the outcome of your divorce proceedings are, it’s likely that they’ll continue to affect you for a very long time to come, so don’t partner up with a divorce attorney who doesn’t seem like a good match for your personality.

New clients are often surprised at the big differences that can exist between different divorce lawyers and the types of cases they handle. It might seem like a lot to take in at a particularly difficult and stressful time, but finding the right attorney for you is the first step toward a fast, efficient, and favorable divorce proceeding.

Are you looking for a great divorce lawyer to represent you? Call our office at 414-258-1644 to arrange a consultation today.  For more information, see Nelson, Krueger & Millenbach, LLC.

When Is It Time To Look For a Divorce Lawyer?

nelsonda Divorce Attorneys, General Divorce , , , , , , , ,

Often, the need to find a good divorce lawyer is obvious: Your spouse has served you with papers, you’ve been legally separated for a while, or you just know in your heart that “it’s over.” In some situations, however, things might not be that clear. Perhaps you are concerned that your marriage might be ending, or are worried that your spouse might file for divorce in the future.

When that happens, how do you know when it’s time to look for a good divorce lawyer?

Although there might not be any one unmistakable sign, our advice would be to remember that earlier is almost always better. That is, the moment you think you might need a divorce lawyer, you should probably start discreetly looking for one.

Here are a few good reasons why:

A good divorce lawyer can help explain what you’re getting into

There is not only the legal process of filing for divorce itself, but also all of the steps that are bound to come after, including a review of your assets and financial position, custodial agreements, and negotiating with your spouse’s divorce attorney. By starting a bit earlier, you can make better long-term decisions that could turn out to be incredibly important for the rest of your life.

Finding a divorce lawyer early means you won’t have to rush to find one later

The last thing you want, if you suddenly find that you are being sued for divorce, is to have to find a divorce lawyer without having adequate time to find a lawyer you are comfortable with and ask the questions that matter to you most. As with the divorce itself, choosing a divorce lawyer isn’t a step to take lightly, so don’t procrastinate on your search if you think it might be necessary.

A good divorce lawyer can help you take steps to protect yourself

If you know, or even suspect, that a divorce is imminent, then now is the perfect time to take a look at your financial situation, living arrangements, and other details that could suddenly become very important during the divorce proceedings. There are numerous things you can do right now to protect your future (or your children’s futures) by planning ahead with your divorce attorney.

Your decision isn’t final until you file for divorce

Scheduling a meeting with a divorce attorney doesn’t necessarily mean you will ultimately have to file for divorce. It could be the case that you decide it’s not the right avenue for you, that you want to give your marriage more time, or that there are other issues to be resolved first. In any of those situations, having the facts beforehand and preparing yourself can turn out to be invaluable later – even if it’s just for your own peace of mind.

It’s understandable that lots of people don’t want to be in a rush to meet with a divorce attorney, especially if they aren’t sure about the future of their marriage. If you have reason to suspect you might need a divorce lawyer in the future, however, follow our advice and start making some preliminary plans today. If you do end up needing a good attorney, you’ll be very glad you thought ahead and got one working for you.

To schedule a free initial office consultation to discuss a possible divorce, please contact us at 414-258-1644 or visit our website for further information.

What If I Need to Hire an Expert in My Wisconsin Divorce Case?

nelsonda Business, General Divorce, Property Division , , , , , ,

In a divorce case, there can often be a need to hire experts to assist with specific issues.  Those experts might help with valuing assets (real estate, a business, personal property, pension, etc.) or provide testimony regarding one party’s earning capacity or ability to parent.

In Wisconsin, the Court may appoint an expert to accomplish this or a party may hire an independent expert.  If the Court appoints an expert, the Court will determine the responsibility for the expert’s fees which is generally an equal division.  The fees for an expert hired independently by one party will be that party’s sole responsibility.

An experienced family law attorney will assist you with finding the right expert for your needs.  There are often lists of experts regularly appointed by the Court in a given county.  These lists can be made available to family law attorneys and are very helpful in us finding the best match for your expert testimony needs.

To schedule a free initial office consultation to discuss hiring an expert your divorce, please contact us at 414-258-1644 or visit us at Nelson, Krueger & Millenbach, LLC  for further information.

How Is a Business Valued in a Wisconsin Divorce Case?

nelsonda Business, General Divorce, Property Division , , , , ,

When a divorce action involves ownership of a business, the Court must determine what will happen with the business.   The first step is to determine the value of that business.   An experienced family law attorney will help you hire the appropriate expert with the necessary qualifications to value the business.   In a Wisconsin divorce case, the parties can agree on an expert o r the Court can name one expert to value the business.  A party may also hire an independent expert to value the business.  If the Court names the expert or if the parties agree to one, the parties then typically share the cost of the valuation.

The expert will provide a list of necessary documents, such as tax returns and profit/loss statements, which are needed in order to determine the business’ value.   The owner or operator of the business will be required to turn over all of those documents.  If there are assets of the business, like equipment, inventory, or vehicles, a separate expert or appraisal may be needed to determine the value of those assets.

Once the expert has determined a value of a business, the parties can use that information when dividing all of the assets in a divorce.  If a party does not agree with the value, they are free to hire their own expert to conduct an evaluation.  However, the Court ordered expert is usually given more deference at trial in terms of his or her opinion.

To schedule a free initial office consultation to discuss the valuation of a business in your divorce, please contact us at 414-258-1644 or visit us at Nelson, Krueger & Millenbach, LLC for further information.

-Alison H.S. Davis

Types of Family Actions of Wisconsin – Divorce and Alternatives

nelsonda General Divorce , , , , , , , , ,

In Wisconsin, there are three actions that affect a marriage: divorce, legal separation and annulment.  All three actions serve to end or separate a marriage.

The legal basis for a divorce is that one or both of the parties must testify that the marriage is “irretrievably broken.”  Once a 120 day waiting period passes, a Judgment of Divorce can be granted that terminates the marriage.  After six months, the divorced parties are free to remarry.  In a divorce case, property and debt is divided, maintenance (alimony) is determined, and if there are minor children, custody, placement and child support is decided.

A legal separation is similar to a divorce, except that the legal basis is that there is a “substantial breakdown of the marital relationship.  Parties must also wait 120 days before a Judgment of Legal Separation can be granted.  Like a divorce case, property and debt is divided, maintenance (alimony) is determined, and if there are minor children, custody, placement and child support is decided.  The significant difference is that a legally separated couple cannot ever remarry, unless the Judgment of Divorce is granted at a later date.

An annulment may be granted if the Court determines that the marriage was prohibited from the start (due to age of a party, incompetence, influence of drugs/alcohol, one party was already married) or that there was a “fraud to the essentials of the marriage.”  An annulment means that the marriage never occurred.

To schedule a free initial office consultation to discuss your divorce or alternatives, please contact us at 414-258-1644 or visit us at Nelson, Krueger & Millenbach, LLC for further information.

–Alison H.S. Davis

Does It Matter Who Files For Divorce in Wisconsin?

nelsonda General Divorce , , , , , , , ,

Wisconsin is a no fault state.  This means that the only ground for divorce is irretrievable breakdown and all fault issues are largely irrelevant as to the divorce itself.  Therefore, it does not matter who files or initiates the divorce action in Wisconsin.

Further, there is really no advantage as to who files a divorce action.  There are consequences, however.  For example, the person who files the action, known as the Petitioner, has to pay the court filing fee which is close to $200.00.  Furthermore, the Petitioner is typically responsible for the preparation of the majority of the paperwork throughout the action which could possibly result in additional attorneys fees.

However, sometimes there is no choice but to file.  If a spouse is disposing of assets, refusing to pay bills, being verbally or physically abusive or engaging in other harmful activities, it is time to consult an attorney to discuss filing for divorce.

To schedule a free initial office consultation to discuss filing for divorce, please contact us at 414-258-1644 or visit us at Nelson, Krueger & Millenbach, LLC  for further information.

 

Hiring an “Aggressive” Attorney

nelsonda Divorce Attorneys, General Divorce , , , , , ,

Whether you have finally decided to file for divorce or your spouse has just had you served with papers, the next step is to select your lawyer. You are scorned and upset and you want an attorney that will fight to the bitter end for every penny, no matter what the cost. Whether it is your assets or your kids, you want an attorney that will be aggressive, unrelenting and strong. An attorney that will fight for what you want and not stop no matter what the financial or emotional cost. You have to ask yourself, though, is this really what you want?

There are many attorneys that will fit into this mold and take advantage of your vulnerable situation. When selecting an attorney you need to make sure you have an attorney who is not only a tough advocate but also an attorney who will advise and counsel you. Too often the aggressive “pitbull” attorney will fight without knowing what exactly he or she is fighting for. In a tenuous situation, such as a divorce, parties need to stay focused on the final goal and make sure that goal is realistic. A fight just to fight may result in additional trauma to you, your kids and your pocketbook.

When searching for the right attorney you need to find an attorney who understands the law and will not lead you astray with unrealistic expectations. Attorneys who are willing to zealously advocate for your position, but are strong enough to advise you when your position will not provide you with the result for which you seek. Too often litigants and their attorneys who take too strong arm approach to divorce negotiations which only ends up backfiring. The cost may be more than you can afford.

A good attorney is going to understand your goals, guide your expectations and help facilitate a settlement. A good attorney is going to understand when a settlement is not possible and it is time to prepare for litigation. So when looking for that “aggressive attorney” make sure that the aggressiveness does not come at the expense of placement with your kids or their college education fund.

-Rebecca K. Millenbach

Can I Take Back My Maiden Name in a Divorce in Wisconsin?

nelsonda General Divorce , , , ,

Yes!  You can take back your maiden name in a divorce in Wisconsin.  Upon your request, the court can restore you to any former surname.  At the time of the final judgment of divorce, you will be asked if this is your request.  If so, the judgment of divorce will state that you are restored to your former name.  This is completely your choice – your ex-spouse has no input into this decision.

Sometimes, women want to hyphenate their maiden name with their current name.  Some judges will allow this but some will not.  It will really be up to the court in your particular case.

However, please be aware that you have to do all of the work if you change your name.  The judgment will simply award you the use of your former name.  It will be up to you to change your name on everything including your driver’s license, bank accounts, social security, etc.  You will need your actual divorce judgment (Findings of Fact, Conclusions of Law and Judgment of Divorce) to effectuate the change in most cases.

–Teri M Nelson

How to Prepare for a Divorce

nelsonda General Divorce , , , , ,

We tell our clients that a little pre-divorce planning goes a long way.  Here are some of the steps you can take to prepare for a divorce and possibly save yourself time, stress, money and attorneys fees.

  1.  Gather all of the relevant financial documentation that you can.  Documents tend to disappear or become inaccessible after a divorce is filed.  After all, your spouse will need these too.  If you can obtain copies and keep them in a safe location or give them to your attorney right away, you will be steps ahead in your divorce.  Supporting documentation for all of your and your spouse’s income, expenses, assets and debts are the most important.  For example, recent paystubs, W-2’s, tax returns, credit card statements, retirement account statements and bank statements are most helpful.  Copies of the titles to your real estate, mortgage statements and real estate tax bills are also necessary.  Also collection statements, whether recent or not, regarding any other asset or debt.
  2. If you do not have access to these documents or your spouse has not told you where they are, do a little digging.  Anything you can find is helpful.  You are entitled to all of this information whether your name is on the asset or debt or not.  Do not feel like you are doing something wrong by accessing this information.  If you have to attempt to “chase” your spouse for this information either directly or through his or her attorney, it is only going to cost you attorneys fees in the end.
  3. Go see an attorney!  Most attorneys will offer free initial consultations.  Don’t pay for a consultation. There are plenty of experienced attorneys who will see you for free.  You should also meet with more than one attorney.  As with anything, it pays to shop around.  You need to feel comfortable with that person and with taking their advice.  Therefore, you need to hire the right attorney for you.
  4. Change your passwords!  All passwords, whether for email, bank accounts or Facebook, should be changed even if you do not think your spouse knows what it is.  We have had many situations where damage has been done simply because the other spouse knows your password or it somehow is retained on your computer.
  5. Get a copy of your credit report.  Again, you are entitled to this information and you know all of the debts that need to be addressed.  Many times you will find debts of which you were not aware.  This is extremely important information to have.
  6. Protect your assets!  Discuss with your attorney whether you should close accounts or withdraw funds from an account.  Contact your bank or financial institution to find out if you can freeze an account pending a divorce.
  7. Close out joint credit cards, if possible, and/or obtain your own credit cards.
  8. Open your own bank accounts.  Change your direct payroll deposit to your own account.
  9. Discuss with your attorney whether you should or need to change your withholdings from your paycheck and whether you should stop/reduce your 401(k) contributions.  Your spouse will still receive one-half of your contributions that you make during your divorce and you may need the extra disposable income until the divorce becomes final.
  10. Take pictures or make a videotape of all of your personal belongings, furniture, etc.  Take an inventory, especially of items of value, and gather receipts or appraisals for those items if available.  This way if items are disposed of or taken, you have proof of what existed prior to the divorce being filed.
  11. Keep a log or journal of all important events, especially if related to children.  It is difficult to remember details, especially in times of stress, and those details may be important to your case later on.
  12. Consider counseling.  You are seeking to end a troubled marriage and are making a major life change.  Divorce is not an easy process and you may need assistance on a variety of different levels.

For further details, please see us at Nelson, Krueger & Millenbach, LLC or contact us for a free initial office consultation.

–Teri M Nelson

Divorce Headlines – Week of April 2, 2012

nelsonda General Comments, General Divorce , , , ,

In researching blog topics this week, I ran across two headline cases.  Both deal with a divorce in a unique way.

The first headline was that Heidi Klum filed for divorce from Seal.  Celebrity divorces are nothing new.  They fascinate us because they are windows into the lifestyles of the rich and famous.  Money can’t buy happiness – whether in life and marriage.  In fact, the stress of a high-profile life seems to make success at marriages even more difficult than that of most people.  This case, in particular, seems to be attracting interest only because the couple seemed happy with no outward signs of trouble.  They still are refusing to release details, for the sake of their children.  Thank goodness some celebrities still have integrity and case about the welfare of their children above all else.

The second headline which I found is controversial in the extreme.  A Maryland court denied the request for a divorce to two lesbians based on their same-sex marriage.  Maryland does not allow same-sex marriage but the couple was married in California during the period when same-sex marriage was legal.

Without commenting on the specifics of this issue, I will only say that the law often does not keep up with social developments or even technological developments, for that matter.  When sweeping changes occur in society or technology, it often takes years for the courts to catch up.  In the interim period, we have a sort of limbo in which individuals get caught up with no way to address specific issues.  Unfortunately, the victims of this can sometimes be children such as when surrogacy or in vitro fertilization was in its infancy.

In Wisconsin, we tend to be more conservative in our laws, especially as they relate to divorce and family law.  As an experienced divorce attorney at Nelson, Krueger & Millenbach, LLC, I would say that the family law courts in Wisconsin in particular tend to be conservative in their rulings.  This avoids these types of ground-breaking legal issues which often take years to resolve.

Questions about Post-Judgment Issues in a Divorce in Wisconsin

nelsonda General Divorce , , , , , , , ,

Here are the answers to some of the most common questions we get about post-judgment issues in a divorce or paternity.

1. How do I change my placement and or custody arrangement?

a. If your original judgment was entered less than two years ago, you must have substantial evidence that the current custody order and/or placement order is either physically or emotionally harmful to the child(ren). If you have evidence supporting such harm, a Motion must be filed with the Court. The Court will then determine if the requested change is in the child(ren)’s best interest. This “two year rule” only applies to original custody and placement judgments.

b. If the original judgment was entered more than two years ago, you may seek a modification of custody and placement if there is evidence that there has been a substantial change of circumstances since entry of the last order (not necessarily the original order) and that you must show that modifying the judgment is in the child(ren)’s best interest. A Motion must be filed with the Court to address the proposed change.

c. Parents can agree at any time to modify custody and/or placement without having to return to Court. A Stipulation can be filed with the Court to make the agreed upon change part of the Court’s Orders.

2. What is the process for modifying a judgment regarding custody and/or placement?

A motion must be filed with the Court in the county of the original action. There will be an initial hearing in which the Court will determine if there is enough evidence to proceed. If it is determined that the motion should proceed, you and the other party will be ordered to participate in mediation. Mediation is almost always mandatory, except in cases of domestic violence. If you are able to reach an agreement in mediation, a Stipulation must be filed with the Court outlining the terms of the agreement.

In the event an agreement is not reached, the Court may order that a Guardian ad Litem be appointed to represent the best interests of the child(ren) and/or custody study be commenced, depending on the county of your case, to investigate the claims and make a recommendation regarding the proposed modification. A Guardian ad Litem is an attorney who is appointed to represent the best interest of the child(ren). He or she conducts an investigation and then makes a recommendation to the court.

3. How long will it take to resolve my motion for modification?

The answer to this question depends on whether the parties reach a Stipulation or must proceed to a trial or hearing. If the parties proceed to a trial, the process can likely take up to 10 months to a year, or even longer, depending on the unique facts or your case and the county in which your case is filed.

4. How do I lower/raise my child support or family support?

Child support and family support may be modified if there is a substantial change in financial circumstances. If you, as the payor, were to lose your job or have your wages substantially reduced, this may be considered a change in circumstances justifying a reduction in support. However, if the payor receives an increase in wages or obtained a higher paying job, then a motion may be filed by the other party requesting an increase in support. Please note that the Court can only modify support back to the date the other party received notice of the Motion to modify support, not the date of the change in income.

5. Do I have to provide my ex-spouse copies of my W-2 and or paycheck?

If you are paying or receiving support, then yes, you must provide documentation of your current income or risk being found in contempt of Court.

6. What do I do if I no longer feel that my divorce settlement is fair?

Once a divorce is finalized the only modifications that can be made are maintenance, child support, family support, placement and custody. The property division cannot be modified after the divorce is final. An exception to this rule would be if it is discovered that your spouse hid an asset which was not included in the settlement. Should that be the case, then the Court would consider reopening the Judgment of Divorce to address the division of the non-disclosed asset.

7. What should I do when the other party is violating the orders?

If one party fails to pay child or spousal support or refuses to honor the custody and placement (visitation) order, the law provides a remedy through a finding of contempt. Again, a Motion must be filed with the court. If the violation involves child or spousal support, the court can garnish wages or force the violator to pay in other ways. Sometimes, the violator is sentenced to a jail term as well. The court also has broad discretion to come up with other, more creative solutions to force the violator to comply with the terms of the decree. The court can also order the payment of attorneys fees or other penalties.

If you are being denied placement, you can file a Petition to Enforce Placement to force the other party to comply with the court order. The court again has broad discretion to enforce a placement schedule, including awarding make-up time, changing the schedule or awarding attorneys fees and costs.

The attorneys at Nelson, Krueger & Millenbach, LLC can assist you with any of these problems and can further answer any questions you might have.

Modification or Enforcement of a Court Order in a Wisconsin Divorce

nelsonda Child Support, Custody and Placement, General Divorce, Maintenance (Alimony) , , , , , , , , , , , ,

Can you change a court order in a divorce in Wisconsin?  If so, how is this done?  What if someone isn’t following court orders?  How can you enforce an order?

Orders regarding property division are permanent and generally cannot be changed unless you file a Motion to Reopen.  A waiver of maintenance at the time of the divorce judgment is also a final order and cannot be changed except upon extreme or unusual circumstances.

However, spousal support, child support, custody and placement (visitation) arrangements do not have to be permanent. They can be outdated, changed or violated. When this happens, individuals must ask the court to grant a modification or to enforce the decree.  You must do those by filing a Motion with the court.

The court will entertain a request for a modification of an order if, after a required period of time, there has been a substantial change in your life or the life of the other party that justifies altering the decree. Any of the following may qualify as a significant change:

-A substantial change in either spouse’s income or employment status

-A new health problem which impacts the ability to work

-Moving to a new location

-Substance abuse problems or criminal activity

The exception to this rule is for a period of two (2) years after an original custody or placement order, you must show that the current custody or placement arrangement is harmful to the child(ren).

If one party asks for a modification and the other party doesn’t agree, this dispute can be resolved through negotiation or through the courts.  At Nelson, Krueger & Millenbach, LLC, we always try to minimize conflict and are local leaders in using collaborative and cooperative techniques to resolve disputes.  However, we will also vigorously represent you in court whenever necessary.

If one party fails to pay child or spousal support or refuses to honor the custody and placement (visitation) order, the law provides a remedy through a finding of contempt.  Again, a Motion must be filed with the court. If the violation involves child or spousal support, the court can garnish wages or force the violator to pay in other ways.  Sometimes, the violator is sentenced to a jail term as well. The court also has broad discretion to come up with other, more creative solutions to force the violator to comply with the terms of the decree.

If a placement order is not being followed, you can file a Petition to Enforce Placement to force the other party to comply with the court order.  The court again has broad discretion to enforce a placement schedule, including awarding make-up time, changing the schedule or awarding attorneys fees and costs.

Returning to court is not an ideal option for anyone. However, there are remedies available to you in the event you need to modify or enforce a court order.  The attorneys at Nelson, Krueger & Millenbach, LLC can assist you with any of these options and advise you as to the likely or possible results so you can make an informed decision as to whether you want to return to court through a post-judgment action.  At Nelson, Krueger & Millenbach, LLC, we handle modifications, disputes and enforcement cases with compassion and diligence. Our lawyers are prompt, detail-oriented and persistent. For a free initial office consultation, contact us at (414) 258-1644.

How Can Money Problems in a Marriage Lead to Divorce

nelsonda General Divorce , , , , , , , ,

With the current economy, more couples than ever are having money problems in their marriage.  Unemployment is rampant, costs are high and credit card interest rates are exorbitant.  There just is not enough money to go around.  What are the common money problems in relationships and how do you fix them?  How do these same money problems lead to a divorce?

1.  Different views on money.  This is one of the most common money problems in marriage.  Some people are spenders and some people are savers.  Neither spouse is necessarily right or wrong.  However, maintaining a balance which is comfortable for both is essential.  Compromise and negotiation is the key from keeping this particular problem from getting out of control.

2.  Secrets.  I heard a topic on the radio the other day – “Are you cheating on your spouse with money?”  This seemed an appropriate title.  Money secrets can be about two different things – either a secret bank account or secret credit cards.  I have seen both but, usually, it is credit cards.  This ties in with the above topic.  If someone is a spender and the other person is a saver, sometimes the only way the spender can spend is through credit cards.  Spending is also a common symptom of depression.  And, because it is difficult to siphon off enough money from the joint checking account to pay the credit card bills, they quickly can get out of control.  The person incurring them then starts to take cash advances to pay the credit card bills, which only compounds the problem.

Obviously, the way to resolve this problem is to stop spending.  But, this is not easy.  Eventually, you have to come clean with your spouse.  He or she will be angry and feel lied to and betrayed.  But, if you don’t, you will eventually have a situation which has no resolution.  Divorce or bankruptcy may follow.  You need to figure out how you got into this situation and address not only the immediate problem of paying the debt (together), but the underlying issue which cause the problem in the first place.

3.  Loss or lack of employment.  Unfortunately, this is now a common problem.  We see a loss of employment over and over in our cases.  The issue is not necessarily about the financial stress of a job loss, it is about the efforts and willingness to find a new job.  Depression often follows a job loss which interferes with efforts to find new employment.  Or, spouses have different opinions about whether one of them should continue to stay home with the children – especially when the children get older.  We have seen many situations where a stay-at-home mother does not want to return to work even when the children are in high school or college.  The financial stresses this situation can create a one-sided partnership to the detriment of the marriage.  The way to resolve this situation is to figure out what is causing the non-working spouse to drag their feet getting back into the job market – is it depression or fear of the unknown?  Is it an unwillingness to change, which many people experience?  Individual or vocational counseling can assist in resolving this problem.

In a divorce, this situation can lead to arguments about how much money someone can or should be earning.  This can affect support issues, particularly maintenance (alimony).

4.  Financial stress in general.  The majority of people, much less married couples, do not have enough money to go around.  Budgets are always tight and people live paycheck to paycheck.  Stress of any kind can be hard on a relationship but money problems are especially rough because there is not always an easy solution.   The key is to work on the solution together.  Maybe it is a second job or maybe it is putting off that vacation.  Whatever you decide, you both can feel good about the process and working together can cement your relationship as you both work towards a common goal.

The way to deal with money problems in marriage is to remember that you are in this together.  Marriage is a partnership and you need to work together to solve your problems.  If you both are on the same page and are open with one another about financial issues, you are on the right path to avoiding one of the most common, and serious, problems in relationships.

If you don’t resolve these issues, they can lead to divorce and are only amplified in that process.  It is very common to have issues in a divorce relating to unknown credit cards, bad spending habits, underemployment and arguing about earning capacities for purposes of support and maintenance.  For further information about how these issues are handled or addressed in divorce, please see our other blog topics, our website at Nelson, Krueger & Millenbach, LLC  or contact us at 414-258-1644 to schedule a free initial consultation.

Should I File for Divorce?

nelsonda General Divorce , , , , , , , , ,

Whether to file for divorce is one of the most difficult decisions you could ever face. There are no easy answers. If you are asking yourself this question, your marriage is probably already in serious trouble. You should give careful consideration to all of the consequences a divorce could have for you and your family. Here are some thoughts that may help you to decide.

The most important part of this question has to do with why you are thinking about a divorce. There are some serious problems that simply cannot be solved such as physical abuse, child abuse, mental illness, criminal activity, fraud, etc. If you find yourself in one of these situations, there is very little you can do to resolve them especially if your partner is the one who has the problem. For your safety or your child’s safety, you may not have a choice but to seek a divorce to get protection from the legal system.

There are other reasons you may be thinking about a divorce that are not so clear cut but still very serious. For example, drug or alcohol abuse or another addiction could be the issue. Of course, your spouse can seek treatment and if he or she does, this could save your marriage. Unfortunately, many of these people will not seek treatment unless they truly want to and/or until they “hit rock bottom”. Sometimes, the “rock bottom” doesn’t happen until they are charged or convicted of a crime or being in a serious accident. However, sometimes the impetus for change is a divorce – the loss of their marriage or family. In that case, filing for divorce could actually help the person get their life back on track and seek treatment. In either case, if the situation becomes dangerous or unbearable for you or your family, you may need to file for divorce.

Money issues sometimes trigger this question. If you have a spouse who gambles, for instance, or, if your spouse simply cannot manage money or stop spending, you may need to seek some financial orders from the court to protect your assets. If your spouse is making poor financial decisions such as bad business decisions, refusal to pay debts or disposing of assets, then you also may need to file for divorce to prevent a waste of marital money. We are now seeing a lot of cases which involve the loss of a job where the spouse either cannot or will not get a job. They become depressed and sit home doing nothing. This may not arise to the level of having to file for divorce but perhaps talking about it will motivate them to get off the couch.

Infidelity or cheating is a common cause for the question of whether you should get a divorce. The answer varies extremely based upon the individual – can you move past this issue or do you want to? Some people can forgive and move on. To some people, this is an unforgivable offense. Before you make the decision, however, you may want to attempt counseling. Divorce is not an easy answer to marital problems. Cheating is usually a symptom of problems in an individual or a marriage – not necessarily the cause of the problems. If you can resolve the underlying problems, perhaps your marriage can be saved.

There are a variety of other reasons for divorce – growing apart, changes in personality, changes in life views and goals, incompatibility, control issues, verbal abuse and emotional abuse are all common themes. The real question you have to ask yourself is whether these problems can be resolved and, if not, whether you can live with them. As to whether they can be resolved, this is a two-way street. If your spouse is willing to try to resolve them, you should obtain professional help to assist the two of you in working through these issues. If your partner refuses to acknowledge or work on them, then they cannot be fixed. At that point, you need to decide how you want to live the rest of your life.

Divorce is a deeply personal and difficult decision and not something you should rush into. Absent safety issues or financial emergencies, there are not necessarily any legal reasons why you would need to file. You should seek the advice of an attorney so that you are aware of all of the consequences of a divorce to you and your family. Most attorneys offer free initial consultations. If you do decide to file for divorce, make sure you have all of the information you need and are as prepared as possible. Often, a little pre-divorce planning goes a long way in saving you time, money and stress.

About Divorce in Wisconsin

nelsonda General Divorce , , , , , , , , , , , , , , ,

WISCONSIN DIVORCE FAQ’S

HOW DO I BEGIN DIVORCE PROCEEDINGS?

To begin a divorce, you must file with the Court a Summons and Petition for Divorce (generally referred to as the divorce pleadings). Your spouse must then be served with this Summons and Petition for Divorce within 90 days after filing. You can file a motion with the Court asking that this 90-day deadline be extended; however, it would be up to the Judge assigned to your case to decide whether or not to extend this deadline. There are two ways you can serve the Summons and Petition for Divorce on your spouse: (1) your spouse can sign an Admission of Service at our office or his/her attorney’s office, or (2) our process server or a sheriff’s deputy can personally serve the pleadings upon your spouse.

WHAT DO I DO IF I AM SERVED WITH DIVORCE PAPERS?

After you are served with divorce pleadings, call Nelson, Krueger & Millenbach, LLC to schedule a complimentary consultation. Once you retain our legal services, we will review the pleadings with you and prepare a Response and Counterclaim on your behalf for filing with the Court. You must file a written Response and Counterclaim within 20 days from the date you are served with the Summons and Petition for Divorce. This must be sent to the Court with a copy sent to your spouse or his/her attorney. If you do not file a written Response, the Court could enter a default judgment against you in the future.

If you also want the divorce, you should also file a Counterclaim for Divorce. This means that if your spouse changes his/her mind in the future and asks that the divorce be dismissed, the Court could deny that request and grant you a judgment of divorce instead based on your counterclaim.

WHAT IF I DON’T WANT A DIVORCE?

Wisconsin is a “no fault” divorce state. The only basis for a divorce in Wisconsin is that the Court finds that your marriage is irretrievably broken and that there is no likely possibility of reconciliation. Because it takes two willing people to have a marriage, the Court will most likely grant a judgment of divorce even if only one party wants the divorce as long as one party testifies that he or she feels that the marriage is irretrievably broken and that the marriage cannot be repaired.

HOW LONG DOES A DIVORCE TAKE?

There is a mandatory 120-day waiting period in Wisconsin during which your divorce cannot be finalized. Most divorce cases take between six months to one year to finalize. The time period can vary based on the County in which your divorce is filed and the issues involved in your case. The specific facts of your case will determine the timetable for the completion of your case. However, our goal is to complete your divorce as quickly as possible. We understand that you need to move on with your life and that you do not need a long and protracted court action.

HOW DO I SUPPORT MYSELF OR SEE MY CHILDREN WHILE THE DIVORCE IS PENDING?

In most cases, Temporary Orders are needed to determine where each party will live, when each party will see the children, and how each party will be financially supported and pay bills. These Temporary Orders are Court Orders and can be determined by the Court’s decision or upon an agreement (called a Stipulation) between the parties. These Temporary Orders remain in effect during the time it takes to complete your divorce case.

Temporary Orders could cover the issues of temporary custody, placement, support, maintenance, temporary use of personal property and/or bank accounts, temporary use of the marital residence, and temporary allocation of debts. While these orders are temporary and should have no bearing on the final outcome of your divorce, in reality, many courts continue temporary orders as permanent orders if they are appropriate in your case, especially orders regarding custody and placement of your children.

HOW DO I OBTAIN THESE TEMPORARY ORDERS?

To request Temporary Orders, you must file an Order to Show Cause for Temporary Orders and an Affidavit for Temporary Orders. These documents compel your spouse’s appearance at a first or temporary hearing which is almost always scheduled before a court commissioner rather than a judge. This temporary hearing is usually scheduled within three to six weeks of the date you request a hearing depending on the County in which your case in pending.

Prior to the hearing, you and your spouse can negotiate terms of a Temporary Stipulation. These stipulated orders are done without the need for you to appear in Court and, when filed with the Court, carry the same legal protection as if you personally appeared in Court.

WHAT IF I DON’T LIKE THE COURT COMMISSIONER’S DECISION?

If you do not agree with the court commissioner’s Orders at this first or temporary hearing or any other hearing before a court commissioner, you may request a Hearing De Novo before the judge assigned to your case. A Hearing De Novo is a hearing where the judge hears the matter as if it had not been heard before and is not supposed to give any deference to the court commissioner’s decision. A Hearing De Novo must be scheduled promptly after the hearing before the court commissioner’s (7 – 15 days in most counties).

WHAT IF MY SPOUSE LEAVES ME FOR SOMEONE ELSE OR IS LIVING WITH SOMEONE ELSE?

Because Wisconsin is a “no-fault” divorce state, one party’s infidelity is irrelevant in most cases. The court cannot consider this fact in dividing property, awarding maintenance, setting support or other financial matters. It can impact on custody and placement issues, however, if the significant other has a negative or harmful impact on the minor children.

HOW ARE PROPERTY AND DEBT DIVISION, SUPPORT, CUSTODY AND PLACEMENT DETERMINED AT THE END OF MY DIVORCE CASE?

Please see our other FAQ’s for additional information on these issues. Your attorney at Nelson, Krueger & Millenbach, LLC will work with you throughout your case to provide educated and experienced guidance to assist you in making good legal decisions for yourself in your divorce action.

WHAT OPTIONS ARE AVAILABLE TO AVOID A TRIAL IN MY DIVORCE CASE?

Your attorney at Nelson, Krueger & Millenbach, LLC will suggest options to the successful resolution of the issues in your divorce without the need for a court trial. For example, settlement negotiations at a parties-and-counsel meeting, mediation and arbitration are all alternative measures that are common in divorce cases to help resolve conflicts.

Although most cases are resolved without the need for a trial, at Nelson, Krueger & Millenbach, LLC, our experience litigating cases provides our clients the best possible legal representation. We will make every effort to minimize the emotional and financial cost of a trial, yet we are prepared to litigate your case in court if a settlement cannot be reached.