What is the Difference Between a Petition for Divorce and Joint Petition for Divorce?

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In a Wisconsin divorce action, there are two potential options when filing for divorce, one of which being more common than the other.

  1. Petition for divorce: This, being the most common action, is when one party (the petitioner) files an action against the other (the respondent).  The Petitioner is the only one who signs the paperwork.   Once the petitioner has filed for the papers, he/she must serve those papers on the respondent.
  2. Joint Petition for Divorce: In the event both you and your spouse agree that a divorce is the best option you may both file for a joint petition.  By filing a joint petition, both spouse sign the paperwork alleviating the need for service of process.

It cannot be stressed enough the importance of good counsel throughout this process. Make sure to seek qualified and experienced family law practitioners to ensure all your legal needs are met and that no stone has been left unturned. Too often during this process details are lost in the fine print of legal documents, creating a potential for more suffering and even financial loss.

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

Social Security After Divorce

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There are many questions and misconceptions about what happens to social security benefits after a divorce.  Many people think that they are entitled to receive part of their ex-spouse’s social security.  Or, they believe that they may have to pay their spouse part of their social security.  This is not true.

Of course, social security rules can be complicated and difficult to pin down.  You don’t always know what you will receive until you apply.  However, the basic rules are as follows:

–          If you have been married more than 10 years, you or your spouse is entitled to have your social security benefit calculated based upon the highest earning spouse.  This is a method of calculation only.  Nothing is taken away from the highest earning spouse.  So, in theory, you both will receive the same amount of social security when you retire at normal retirement age and that amount will be the highest amount that either one of you is entitled to.

–          If you remarry, the above is no longer true while you are married.   If your ex-spouse is remarried, it has no effect on you.  If you have more than one ex-spouse and you are no longer married, you can choose to apply for benefits under your highest earning ex-spouse.

–          If you apply for social security benefits earlier than your normal retirement date, you will still receive an amount you are entitled to based upon the higher earnings record but your benefits will still be reduced because you chose to apply early.

–          If you are already collecting social security benefits which were calculated on your spouse’s earnings, your benefit will not be affected after a divorce.

–          If your ex-spouse dies, you could get a survivor benefit if your marriage lasted ten years or more. You can start receiving a survivor benefit as young as age 60, or age 50 if you are disabled.  A remarriage does not affect this survivor benefit.

The specific rules are set forth on the SSA website here.

Another important divorce fact: social security benefits can be garnished for child support or maintenance (alimony).

What If My Ex-Spouse Doesn’t Pay Debts or Files Bankruptcy?

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What if your ex-spouse doesn’t pay the debts he or she was ordered to pay in a divorce?  Or, what happens if he or she files bankruptcy?  Do you have to pay those debts?

Chances are you had some debt when you were divorce such as credit cards, mortgage, etc.  And, some of these debts were likely to have been joint debts.  Your divorce judgment should have allocated these debts and ordered one spouse or the other to pay them.  However, the thing you need to keep in mind is that your divorce judgment is only binding on the two of you – not your creditors.  Your creditors were not a party in your divorce.  Therefore, they don’t have to follow the court’s orders in your divorce judgment.

If your ex-spouse fails to pay debts he or she were ordered to pay, the creditor can still come after you for repayment.  Or, if your spouse files bankruptcy, you are still responsible for these debts as long as your name is still on them.  If you live in a marital property state, such as Wisconsin, you could even be responsible if your name is not on the debt although that doesn’t often happen.  You do have some options, however, to force your spouse to pay these debts.

While you should seek the advice of an attorney to make sure you are as protected as you can be, it is important that your divorce judgment should at least have language included which sets forth your spouse’s obligation to pay or refinance any debt which has your name on it and to not incur additional debt in your name.  It should state that you are “held harmless” from any of these debts.  And, there should be language that states that if you are held liable for any of his or her debts, that you have the right to come back to divorce court to seek reimbursement.  There are also additional provisions which can be included to even further protect you.  Many of the standard forms for final Agreements that are available to people who do not have lawyers do not have this extra language contained in them.

Even in the event of a bankruptcy, this additional language can protect you.  A bankruptcy action discharges the debt and responsibility between your spouse and the creditor.  However, your spouse still has a responsibility to you to pay the debts he or she was ordered to pay in your divorce.  Therefore, the divorce court retains jurisdiction to enforce that obligation if your judgment of divorce grants that authority to the court.

The court has several options available to it providing that the proper language exists in the judgment.  Primarily, the court can order repayment through garnishment or can even order maintenance or alimony to compensate you for any debt you may end up getting stuck with if your ex- fails to pay.  Sometimes the court will even order a lien or the sale of an asset to pay the debt.

If you are concerned about the payment of debts, you should definitely consult with an attorney to make sure the proper language is contained in your divorce judgment to protect you in the event your spouse fails to pay or files bankruptcy.  Even if you feel you cannot afford an attorney, the long term cost to you could be much greater if you get stuck paying debts that your spouse is ordered to pay.

To discuss your concerns about debt in your divorce in Wisconsin, contact our office at 414-258-1644 to scheduled your free initial office consultation or visit our website for more information.

Where Do I File for Divorce in Wisconsin?

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When the frustration, hopelessness, and pain you’re experiencing in your marriage have become too much, and a divorce is unavoidable, it’s time to take the first step and file for divorce.  Before you can do this, however, you need to consider the residential requirements.

In order to file for a divorce in Wisconsin, you must be a resident of your current county for at least thirty (30) days, and a resident of Wisconsin for at least six (6) months.

In the event you have resided in your current county for over thirty (30) days but have not been a resident of Wisconsin for at least six (6) months, you can file a petition of legal separation which only requires 30 days of residency. Since the procedure for divorce takes at least four months, it is likely that you will meet the six (6) month requirement prior to the final hearing.   When you meet six (6) month requirement, you are then eligible to have your legal separation converted to a petition for divorce.

Here are some different scenarios to illustrate the jurisdictional requirements for divorce in Wisconsin:

Example 1:  If you have been living in Wisconsin for more than six months and West Bend for more than thirty days, you are able to file a petition for divorce in the Washington County Courts immediately.

Example 2:  If you moved out of the home you shared with your spouse in Waukesha County and changed to a Dodge County address, you can file for divorce in Washington County immediately. Or, you can wait for thirty days and then file in Dodge County.

Example 3:  If you have moved to Wisconsin from out of state and will be seeking a divorce in the near future, it will take thirty days of residency in order for you to file a petition of legal separation. Once you have been in the state for six months the petition of separation can be changed to a petition for divorce.

If you find yourself in a situation where you have a choice of venue (where you can file), you should consult with an attorney to determine which place will be more beneficial to you.  Counties have different rules, procedures and judges which may make a difference in your case.  The laws in various states are also very different, which you may want to take into consideration.

As if divorce isn’t hard enough, the frustration brought on by the legal “hula-hoops” one has to jump through only makes it worse. By being knowledgeable about where and when the process can begin, you will save you unnecessary headaches.

If you have any questions about where to file for divorce and would like to meet with one of our lawyers for a free initial office consultation, please call us at 414-258-1644.  You can also visit our website for more information.

How to Calculate Maintenance in Wisconsin?

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In reviewing our site stats for our blog, one of the most common searches or topic is regarding maintenance and how to calculate maintenance in Wisconsin.  We have other blog posts which deal with the maintenance in general and the standards or law regarding maintenance in Wisconsin.  However, many people are looking for a specific answer about how much maintenance will be awarded in their case.

Unfortunately, that is not an easy question to answer.  There is no formula in Wisconsin for maintenance like there is for child support. Maintenance is a discretionary decision on the part of the court which means that the amount could greatly vary depending on the facts of your case, the judge, the amount of income of the parties, etc.  In fact, what income to use for the parties is probably the most common area of dispute in a maintenance case.

With that said, since so many people are looking for answers on this topic, I thought I would at least try to address it.  Besides income, the two other main considerations when calculating maintenance are the tax consequences and the percentage of net income allocated to the parties.  Maintenance is taxable to the payee and deductible to the payor.  When determining maintenance, we often try to equalize the parties’ net disposable incomes so they both have the same amount to live on, especially in a long term marriage.  In fact, in a long marriage, the presumption in the law is to equalization incomes.  Therefore, there are some spreadsheets and tax calculators that lawyers and judges have developed and most commonly use when trying to determine the appropriate amount of maintenance.

Some time ago, Judge J. Mac Davis from Waukesha County developed the first maintenance calculator in Wisconsin.  When conducting a google search on how to calculate maintenance in Wisconsin, one of the top search results leads you to a website hosted by Attorney Ernesto Romero.  On this website, he has links to various family law forms and to a maintenance calculator which we all refer to simply as “Mac Davis” (click for link).  This calculator is fairly simplistic and automatically calculates taxes on income and maintenance. He updates it each year using new tax rates, credits which might be in effect or other changes in tax laws although he has not updated it for 2013 and may not do so again. To run the calculations, you need to input tax status (individual, joint, head of household), the number of exemptions, each parties’ annual income and other requested relevant information.  Based upon these numbers, the program calculates the net monthly disposable income of each party.  By then inputting various maintenance amounts (annual), you can attempt to arrive at a maintenance amount which most closely reaches the percentage of monthly income allocation that is appropriate, whether it is 50/50 or not.

Since the first calculator was developed, others have followed.  The two most common other calculators are called Fin Plan and a newly revised and much more complicated Mac Davis format created by Garrick G. Zielinski CFP, CDFA, Divorce Financial Solutions, LLC (click here for download).  Each attorney and judge has their own preference.  Each calculator has their own strengths and weaknesses.  The original Mac Davis version is free of charge. Mr. Zielinski’s version is available for purchase.  Fin Plan ,which does also have other divorce planning functions, must also be purchased.

Mr. Zielinski’s calculator (called 2013 DFS TaxCalc) has just come out recently but more and more attorneys and judges are using this now.  It provides much more information, allows you to also calculate child support, takes into account more complicated income situations than the original Mac Davis (such as non-taxable income) and allows you to plug in a target percentage of income (i.e. 50/50) which then automatically calculates maintenance for you.  The original Mac Davis requires some hand calculations to convert monthly to annual amounts and a certain amount of guessing to get you to your target percentage of net income allocation.

WARNING: these calculators are not for amateurs!  You might use Mac Davis to give you a general idea of what you might expect for a maintenance order.  However, there are many aspects which must be taken into consideration when running maintenance calculations.  You will need the assistance of an experienced divorce attorney and, possibly, a financial planner to arrive at a maintenance amount that is in your best interests and considers all possible consequences, tax or otherwise.

To discuss your maintenance case in detail with one of our experienced divorce lawyers, please call us for a free initial office consultation at 414-258-1644.  You can also visit our website or look at our other blog posts regarding maintenance (see category link below) for more information.

–Teri M Nelson

Hiding Assets in a Divorce in Wisconsin

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While no one likes to think they could be defrauded by their spouse, even under the worst circumstances, asset concealment during divorce is relatively common. Some spouses hide assets for purely financial reasons, perhaps fearing that they will not have enough to get by on after the divorce; others engage in asset concealment for other reasons, such as feelings of entitlement or a desire to seek revenge.

Divorcing spouses hide assets from one another in a wide variety of ways, ranging from highly sophisticated to deceptively simple. The following examples are just a few of the methods that a spouse may use to cheat a soon-to-be-ex out of a fair property settlement:

  • Temporarily transferring stock or other investment accounts into someone else’s name with the understanding that they will be transferred back after the divorce
  • Purchasing high-value items that are likely to be overlooked or undervalued, such as antiques or art
  • Deferring salary, commission, bonuses or other income to keep it off the books until after the divorce has concluded
  • Stowing cash or other assets in a safe deposit box, either in the home or elsewhere
  • Setting up a custodial account in the name of a child or other third party
  • Overpaying on taxes or other debts with the intent of receiving a refund after the divorce

To avoid losing out to a spouse’s asset-hiding scheme, it is important to stay involved in your finances at all stages of both marriage and divorce. Also watch for common warning signs that your spouse may be hiding assets, for instance if he or she:

  • Is secretive about financial affairs and does not share passwords and bank account information with you
  • Begins taking out unusual amounts of debt
  • Has financial statements and bills sent to a work address or private P.O. box
  • Opens multiple bank accounts for reasons that seem flimsy
  • Complains of sudden financial hardship, such as business failure, particularly if this occurs without a corresponding decrease in spending

 Hiding assets during a divorce to affect the outcome of the property division process is unethical and illegal in Wisconsin.  If a spouse hides or fails to disclose an asset worth more than $500, the court can impose severe consequences, including awarding that asset to the other spouse in its entirety.

If you are going through a divorce or are thinking about filing for divorce and suspect that your spouse may be hiding money or other assets from you, contact us at 414-258-1644 to schedule a free initial office consultation or visit our website for more information.

4 Ways the Right Divorce Lawyer Can Make the Process Easier

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Most people understand that, when they are going through a divorce, they need to have a good divorce lawyer on their side. After all, we all know someone who didn’t get the quality of representation they needed, and suffered heavy financial consequences – and perhaps even the loss of time with their children – because of it.

As important as it is to have a good divorce lawyer on your side, however, it’s also something that’s very convenient. That’s because part of a divorce attorney’s job isn’t just to ensure that your interests are protected, but also to make the process smoother.

Here are four quick ways that the right divorce lawyer can make things easier for you:

1. By looking out for your interests during your divorce proceedings. Beyond simply knowing the law, a good divorce attorney will learn about your situation, and your priorities, to make sure that they are properly represented. As tempting as it might be to simply work through a mediator, that person does not have your interests at heart and cannot work solely to protect your interests.  Alternatively, a divorce lawyer job is to advocate for their clients’ interests and help achieve clients’ goals.

 2. By understanding the nuances of divorce law. Given the complexity of different legal statutes, it’s probably not surprising that most of our clients aren’t very familiar with their rights during the divorce process. Having reviewed your case and gone through the process dozens of times before, a good divorce lawyer might be able to help you spot legal opportunities that you weren’t even aware of.  Although friends, family and coworkers may try to ‘help’ by sharing their own divorce stories, those stories may not be relevant to your situation and may only result in unrealistic expectations or misunderstanding of your legal rights and entitlements.

3. By negotiating with your spouse’s divorce attorney. Negotiating things like custody and placement of children and the division of property and debts between divorcing spouses can quickly become a personal and emotional process. Between seasoned attorneys who know their clients’ top priorities and goals; however, the process can often be handled much more quickly, calmly, and efficiently. This facet of what we do alone can dramatically decrease the stress and anxiety you feel during your divorce proceedings.

4. By keeping you calm during the legal divorce process. In the same way, your divorce attorney will have been through this process dozens (and maybe hundreds) of times before and they know what to expect, what’s reasonable, and where the major challenges are likely to lie. For that reason, they can help you remain calm and measured each step of the way, especially at times when you may feel that your spouse (or their attorneys) are being unreasonable.

Although you might wish to never need the services of a good divorce lawyer, when you do, it’s great to have the right team on your side. That’s because they won’t just give you a much better chance at finding the right financial and child-related terms that you’re looking for, but can make every step of the process easier, faster, and less emotionally taxing.

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

How to Win a Custody Battle

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There is one sure-fire way to win a custody battle.  Ready for it?  Here it is: don’t act like you are trying to win a custody battle.  What??  You read that correctly.  Trust me, I have 20 years of family law experience.  I know what I am talking about.  I have a fool-proof method which I share with my clients – listen to my advice, act like a grown-up, act like you care about your kids, think before you react, admit your shortcomings and do something about them.  There, you’ve won your custody case.

In Wisconsin, the standard for making a custody or placement determination is what is in the best interests of the children.  By the way, I refer to it as a custody battle because that is the common term but, usually, it is a placement dispute.  Custody is legal decision making only.  Placement is where the child resides, with whom and what type of visitation will be ordered.  With regards to the best interests of the children, you can read the research but it is very clear – kids do best when their parents don’t fight and communicate.  Simple, right?  If it was simple, I would be out of a job.

It seems counter-intuitive to not fight.  You need to fight for your rights!  You are “entitled” to what you want.  You know best for your kids because ____ (insert excuse).  Your soon-to-be-ex is a _____ (insert expletive).  You have to let the kids know what is really going on!  You have to defend yourself!  Wait – who is this about again?  You or the kids?  Of course this isn’t about the kids – it’s about you.  This is the attitude you need to “divorce” yourself from (pun intended).

No one is perfect.  Not one single person on this earth is a perfect person, perfect spouse, perfect parent.  Why not acknowledge that?  Don’t be defensive – it is true of everyone.  All you need to do is to find out or admit your failings and fix them.  This isn’t a criminal case – an admission of guilt doesn’t send you to the slammer.  There is not one judge, Guardian ad Litem, social worker who will think less of you for admitting that you are not perfect and to be willing to fix your problems.  This is especially true if your spouse never learns this lesson.

The next step is to figure out what is best for your kids.  Is it in your kids best interest to have a healthy and strong relationship with both parents?  Of course it is!  That does not translate to counting days, power, control, whatever.  Just because you’re the mom, doesn’t make you genetically predisposed to being a better parent. Aren’t your kids entitled to have a strong relationship with their dad? Just because you’re dad, doesn’t give you “rights” over your kids.  What about your kids’ rights?

I always tell my clients that they need to come to court with “clean hands.”  In a custody battle, this means always, always trying to be the best parent you can be.  Act like an adult.  Encourage the relationship between the child(ren) and the other parent.  Communicate in a civil and constructive way (by email, if possible, so you have written documentation).  Be flexible even when it is not convenient.  DO NOT, under any circumstances, discuss your divorce with your children!!!

Even if all of this means that you are taken advantage of by the other parent, even if this means that you feel like they are winning and you are losing, you will be far better off in the long run.  The judges, court commissioners, Guardian ad Litem and social workers will all respect you and think you are a wonderful parent.  Because you are being a wonderful parent if you do these things.  YOU are putting the kids ahead of you. YOU are looking out for the best interests of the kids.

And, in the long run, this will win you your custody battle, even if there isn’t one.  It is hard to fight about or with someone who is unwilling to create the battle in the first place.  And, if the other parent still insists on fighting with someone who is behaving this way, they are the ones who will look bad and you will prevail in the end.

Trust me.

–Teri M Nelson

10 Do’s and Don’ts in a Wisconsin Divorce

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  • DO NOT ignore communication from your attorney or the Court.  Although, at times, the frequency of communication may be overwhelming or stressful, it is important that you promptly review email and letters and respond to those and all phone calls.
  • DO know that one attorney cannot represent both parties in a family law matter.  If your spouse has hired an attorney, it is in your best interests to do the same.
  • DO promptly update your attorney’s office with changes in your contact information.  If you move or obtain a new phone number or email address, advise your attorney’s office immediately, so that they can keep in contact with you.
  • DO NOT assume that your attorney is aware of all issues within your case unless you advise them.  In order to minimize your legal costs, your attorney may assume a “no news is good news” approach.  In other words, if your attorney does not hear from you, they will assume that you do not have a legal need.  If you have questions or concerns, contact your attorney at any time.
  • DO NOT be ashamed if you need counseling or psychological help to deal with the stress and pain of a divorce.  Seeking help to ease you through the process may be one of the best decisions that you make in your case!
  • DO keep copies of all updated financial documents regarding your income, assets and debts.  Make sure that you provide your attorney with copies on a regular basis.
  • DO update your Financial Disclosure Statement whenever changes occur! This is especially important if you change jobs during the pendency of the case.
  • DO NOT discuss your divorce case with your children or allow anyone else to do so!  Your children should never be aware of court proceedings or issues in the case.  It is in your children’s best interests to be protected from the details of your divorce.
  • DO support your children’s relationship with their other parent.  Sometimes, this can be emotionally difficult, but all children benefit from a relationship with both parents.
  • DO work with your attorney to ensure the best possible outcome in your divorce case.  As your attorney, it is our job to educate our clients regarding the law to help you set realistic goals supported by law and help you make smart legal decisions.  In order to successfully proceed through your divorce, ask questions, listen to advice from your lawyer, respond to communication, attend all scheduled appointments and hearings, provide all requested information.  If you do this, you will be a prime position to protect your legal rights and survive your divorce case without unnecessary emotion or financial cost.

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

-Alison H.S. Krueger

Do I Need a Divorce Lawyer?

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Our last post talked about how you can file for divorce by yourself.  The paperwork is easy and readily available at the courthouse or online.  But, that doesn’t mean you don’t need to hire a divorce attorney.  Of course, you are going to think that, as a divorce attorney, I am just trying to drum up business for myself or my colleagues.  However, I can tell you some of the horror stories of people who come to me after their divorce trying to “fix” their mistakes or address issues that they missed.  Sometimes, such as in the case of property division which is final upon divorce, these things simply cannot be corrected later and you will be out of luck and could cost yourself thousands of dollars.

Here are some situations where we absolutely advise you to hire a divorce lawyer.

1.        You don’t have an agreement with your spouse.  There is no getting around this one.  If you don’t have a complete agreement with your soon to be ex-spouse, your only option is negotiation and/or trial.  Without an experienced divorce attorney, you will not be aware of all of the options to be able to come up with a creative solution to settle your case.  We have been doing this a long time and will be able to pose a variety of options for you and to know what is reasonable in terms of settlement.  And, when all else fails, you must try your case to the judge.  There is no way that you can do yourself justice in this regard.  We know the law, the judges and the procedures.  Whatever you pay in attorneys fees, you could cost yourself in the long run in terms of what the court will award you at trial without an attorney.

2.       You have children.  In Wisconsin, there are three different issues related to children: custody, placement and child support, which can include the payment of children’s expenses.  There are many different options when it comes to placement and many factors which must be taken into consideration.  Therefore, by nature, custody, placement and child support can be complicated.  Without a specific divorce agreement, difficulties and problems may arise in the future.  An experienced divorce lawyer has handled enough of these cases to be able to point you in the right direction in terms of a placement order.  Even though we are not child or family therapists, we have some ideas about what works best for kids. We also have experience in the types of issues which can cause disputes between parents in the future and how to address those.

For example, I sometimes have people who don’t want to be away from their children for a long period of time so they come in and tell me they worked out a schedule in which the parents will alternate placement every other day.  This is a terrible schedule for most children!  The transitions are very disruptive to children and they are never able to get settled.  Or, similarly, parents come in and tell me they agreed to an alternating week or two week schedule.  Again, except for teenage children, this is not generally a good schedule.  Young children cannot handle being away from either parent for such a long time.  However, if you have never been divorced before, you may not realize this or you may not be aware of other (better) options for placement. An attorney can help you with this.

Another common issue which causes disputes is the payment of variable expenses or uninsured medical expenses for children.  Under a shared placement schedule in Wisconsin, variable expenses are shared. Medical expenses are always split. But, how does this work?  Not very well, actually.  Experienced attorneys have standard language or options to address the payment of these expenses and put into place a method which minimizes disputes in the future.  If you fail to specify how these expenses get paid, it will be difficult to enforce this order in the future which could cost you thousands of dollars.

Not having an attorney to guide you through these complicated issues can cause you to have disputes and problems down the road.  In the end, you may end up hiring an attorney anyway because you cannot resolve these problems yourself.

3.      You have assets with value.  Even if it is just house, there are numerous options when dealing with property.  Do you know all of the options you have and the bases you have to cover when awarding or selling real estate?  I had a situation once where the parties did their own divorce and simply agreed to sell the house and split the proceeds.  Later, the husband, who was living in the house, was failing to maintain it, refusing to cooperate with the sale process and stopped paying the mortgage.  Unfortunately, because their agreement was silent as to any of the specifics regarding the sale, there was little the Wife could do.  Eventually, the judge did step in at my request and ordered the Husband to vacate the house so it could be sold.  But, because the judgment did not indicate who would pay the mortgage during the sale process, she could not order him to make up those back payments.  A very costly mistake for my client.

If you have a business, investments and/or retirement accounts, there are various considerations which go into a divorce judgment regarding those assets such as value, taxes, capital gains, etc.  Even though an attorney is not an accountant or financial advisor, experienced divorce lawyers can navigate you through these waters.  Did you know there is a special type of order which is needed to divide a retirement account?  Again, if you try to save attorneys fees, you may just cost yourself more money down the road by missing a crucial point or dividing your property in a way that is financially harmful to yourself.

4.         There is abuse or a power imbalance between you and your spouse.  We are seeing more and more cases in which there is an abusive or controlling spouse.  If you are on the wrong end of this relationship, it is very difficult to stand up to this person and make good decisions for yourself.  Often times, even with lawyers, the abused or controlled spouse doesn’t want to fight and just wants to get it over with.  This can have a devastating financial impact on your or your children down the road.  A lawyer is a buffer and someone to stand up for you in these situations.  You are getting divorced to break away from this toxic relationship – don’t let your spouse poison your freedom by bullying you into leaving the marriage in a detrimental financial position just because he or she wears you down and you are not able to stand up to them.  A lawyer is there to protect your interests and fight for what you are entitled to – not what your spouse thinks you deserve.

5.        Your spouse is hiding assets/income or being dishonest.  An experienced divorce attorney will know where to look to uncover hidden assets or income.  They also will know how to conduct discovery in a way which does not rely solely on your spouse.  For example, attorneys can subpoena employers, bank accounts, etc.  A party cannot do that on their own.  For more information on this topic, see our website at Uncovering Hidden Assets in Divorce.

6.        Your spouse has an attorney.  You don’t absolutely need your own attorney but you do need to realize that your spouse’s attorney is only representing his or her interest.  People often try to minimize costs with only one lawyer and that can work if you are cooperating and are able to reach an agreement between yourselves.  However, if that is not the case, then you need your own attorney.  If you are uncomfortable or if you don’t agree to what is being proposed, you also need your own attorney.  Again, regardless of how nice or civil they are being to you, your spouse’s attorney can only represent their interest and cannot give you legal advice.  At your final hearing, the judge will question you extensively about your right to have your own attorney.  If you choose not to and later you determine that the agreement was not in your interest or more beneficial to your spouse, you will not be able to change your mind – especially in the case of property division or a waiver of maintenance.

There are other situations as well where you will be better off with an attorney.  I cannot cover them all in this article.  Just remember – if you are uncomfortable, overwhelmed or feel like you are getting the short end of the stick, consult with an attorney!  You may feel that you cannot afford the attorneys fees or simply don’t want to waste the money.  However, you need to ask yourself – what are you really saving if you cost yourself money with an unfair agreement or if you create a situation where you end up having to go back to court because of a deficient divorce judgment?  I have a saying – “don’t step on dollars to pick up pennies” which certainly applies in this situation.

If you have any questions or would like to meet with one of our lawyers for a free initial office consultation, please call us at 414-258-1644.  You can also visit our website for more information.

-Teri M Nelson

Can I File a Divorce Myself in Wisconsin?

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I am sure a lot of divorce lawyers would be unhappy with me if they read this but the answer is YES!  Now, that doesn’t mean you don’t need a lawyer to represent you in your divorce.  But filing the paperwork is easy and will save you some money off the top.  See our next post for information about whether you need to hire a divorce attorney.

Many counties in Wisconsin have self-help centers or volunteer lawyers or paralegals who come In for limited hours to assist people.  Notably, Waukesha and Milwaukee County have wonderful self-help centers with all of the forms and instructions that you need.

The Wisconsin Court Access system also has an Online Family Law Forms Assistant which will direct you to the correct forms after you answer certain questions (do you have children, etc.).  This will walk you through the process and give you different options such as printing out blank forms or having the forms completed for you after answering certain questions.  There are also tutorials for certain counties which explain exactly what you need to do.

These forms are fill in the blank and check the box. There is nothing complicated about them.  As long you file the correct forms, which basically differentiate between children or no children, and answer the questions correctly, there are not too many mistakes you can make on these forms.  Even if you do, an attorney can always amend them later for you.

There is some time involved.  You need to make several copies and take them to the courthouse which can be intimidating or inconvenient, especially in Milwaukee.  Unless you are filing jointly with your spouse, you also need to arrange for services of the papers on your spouse.  Given that, most people simply would rather have an attorney take care of this for them.  That is perfectly fine and we are happy to do that.

However, if you can navigate through the forms and have some time to take care of this yourself, you certainly can save yourself some attorney fees by doing so.  After filing, simply call or visit us and we can pick up your case from there.

The Wisconsin Coalition Against Domestic Violence created a very helpful flowchart which tells you all of the steps you must take to file for divorce.  Click here for this helpful tool.

Whether you choose to file the papers yourself or have us prepare them for you, please contact us for your free initial office consultation at 414-258-1644 or visit our website for more information.

What To Expect From Your Divorce Consultation

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In researching potential blog topics, I ran across an excellent article written for the State Bar of Michigan: The Initial Consultation with Your Divorce Attorney: What to Expect When You Don’t Know What to Expect .   This article is so well written and so thorough that I really don’t have much to add.  But, I will summarize and comment.  I will also discuss in terms of our office and our procedures at Nelson & Davis, LLC.

The first topic discussed is the article is the initial contact and information you need to provide.  When you call our office, we will ask for some basic information such as what type of action you have or may have, what county you reside in and whether an action has already been started.  This is important because it assists our intake coordinators in determining whether we can help you at all.  We do not practice in certain counties and people sometimes are confused as to what constitutes a “family action”.  Our office only handles divorce and paternity cases.

If we determine that your case is something we can help you with, we will tell you what our retainer is and ask you whether you would like to schedule an office appointment.  We don’t want you to be surprised by our retainer only after you take the time to come to our office and we don’t want to waste your time or ours if you don’t want to, or can’t, pay our fees.  We also will only do in-office appointments and not telephone consultations except in rare cases.  There are some attorneys who will do telephone consultations but we find it works best if we meet potential clients in person.

If you decide you want to schedule an appointment, we then ask your name and the name of your spouse or other party.  This is crucial information and sometimes people do not want to give it to us but we will not schedule an appointment without it.  We keep that information confidential but we must determine if we have a conflict of interest.  The most common conflict is that we have already met with the other party.  In that case, we cannot meet with you.  We do not disclose that fact (nor will we ever disclose that to the other party if he/she contacts us) but simply will tell you that we cannot meet with you because we have a conflict.  However, there may be other conflicts.  One of our attorneys may know you or your spouse/the other party in another way and may feel it would be a conflict to represent you.  Or, we may have represented someone connected to you such as your employer, an employee, a relative or a business associate.  Those individuals are a great source of referrals for us and it usually is not a problem but, depending on the facts, we also may consider it a potential conflict.  Whenever there is a potential ethical issue for us, we try to err on the side of caution.

When you come in for your appointment, we will also ask you to fill out an intake questionnaire.  We will ask you to provide more specific information including your income and assets.  The reason for this is so we can provide you more detailed information about what to expect in your case.  All of this information is kept strictly confidential.  The article does a very good job in describing the type of information you will be asked to provide and why.  Keep in mind, if you are uncomfortable in providing any of this information, simply discuss that with the attorney you are meeting with.

The one difference or problem I have with the article is that it indicates that the attorney will be giving you advice at your initial consultation.  This is not true! Until we are actually retained, we cannot provide you with legal advice.  However, what we will do is review the facts of your case, tell you what the law is, what the process is, what you might expect to happen and what we can do for you.

In our firm, it is our goal to provide you with realistic expectations about your case.  Keep in mind, we may tell you things that you are not going to be happy with.  However, we are going to give you an honest evaluation of your case.  It does not help you if we fill you with unrealistic expectations only for you to lose or be disappointed later.  If you want the kind of attorney who is simply going to do whatever you want, then we are not the firm for you.  Be forewarned though – hiring that kind of attorney is only going to cost you attorneys fees and disappointment later.

We have some other blog posts which you may find helpful which discuss what type of attorney to look for, when to start looking for a divorce attorney and what questions you can ask at you initial consultation (Archives – May, 2012).

If you have any questions or would like to meet with one of our lawyers for a free initial office consultation, please call us at 414-258-1644.  You can also visit our website for more information.

Appraisal of Assets in a Divorce in Wisconsin

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There are often disagreements in a divorce about the value of certain assets.  Most commonly, this involves real estate and personal property.  However, the value of a pension or a business also may be at issue.  Although the below information may also be relevant in other states, this article specifically applies to divorces in Wisconsin.

If the parties do not agree on a value, the only option is to have the asset appraised.  If there is a dispute, the court must have a reliable source for a value.  The court will not consider the opinions of either party because there is no real basis for their opinion.  The only way to have a reliable value is to have an expert conduct an appraisal.  Usually, the parties agree on an appraiser or the court will appoint one.  The parties then usually share in the cost.  It is always preferable to have a mutually agreed upon appraiser or a court appointed one so a situation does not arise where there are “dueling appraisers”.  This saves everyone time and money.

For real estate, there are many reputable appraisers around and each judge always has a few that he/she prefers.  As long as they are a licensed appraiser, the court will usually accept them as an expert.  Once the appraised value is determine by a neutral expert, it is very difficult to contest that value except if there is an obvious error.  If you want to object to the value, you would have to hire your own expert to testify.  This is very rare and most real estate appraisers are at least in the ballpark in terms of value.

Appraising personal property is tricky.  It is very difficult to accurately determine the fair market value of things like TV’s, furniture, etc.  Of course, the value of those items is what someone is willing to pay for them such as in a rummage sale or on Craig’s List.  Even if you only recently purchased an item, it loses resale value almost immediately.  It is also virtually impossible to itemize every single thing in a home.  There are always items that are missed or overlooked.  Appraisers do not go pawing through boxes or drawers.  There are also very few individuals who conduct these appraisals because they are time consuming and difficult.   Attorneys usually encourage their clients to resolve this issue.  However, if you absolutely can’t, an appraisal is necessary.  Most people are not happy with the results but it is the best we can do under the circumstances.

Specialized items of personal property are often appraised separately.  These items included guns, jewelry, antiques, artwork and unusual equipment or artifacts.  An appraiser with specific experience with these items is necessary.  Depending on the item and where you reside, it is often difficult to find someone and sometimes it is required to look outside of your area or even your state.  You would then need to pay for that person to come to you or ship/transport the items to that person at their location.  This becomes very time consuming and costly.

If you have a pension, this may also need to be valued.  Pensions are defined benefit plans which provide a monthly benefit to you when you retire.  Pensions often vary greatly and have different rules, policies and procedures.  An actuary or accountant can calculate the present value of that pension.  However, the calculation is based on your life expectancy and an estimated length of time that you will collect that pension.  You may live much less or much longer than your life expectancy pursuant to current actuarial tables.  Therefore, a pension evaluation is basically an educated guess. However, sometimes it is necessary if a person wants to buy out the other spouse’s share of the pension or offset it against another asset, such as a marital residence.

Lastly, a business can be appraised or valued as well.  There are many different ways to do so and an expert is required to conduct this appraisal or value as well.  For more information about a business valuation, see our blog post on this topic:  How Is a Business Valued in a Wisconsin Divorce Case.

To discuss your assets in your divorce and how they may be valued or appraised, please contact us at 414-258-1644 to schedule a free initial office consultation or visit our website for more information on property division.

Can I Travel With My Child Out Of State in a Divorce?

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If you are fortunate to be able to take your child on a vacation during a divorce, do you need permission from the other parent? What about after the divorce? The short answer is that, in Wisconsin, you can take your child out of state on vacation without permission from the other parent.  There is a common misconception that you need permission from the other parent for a vacation.

However, if by doing so, the other parent will not have his or her scheduled placement, that is a different situation.  Most of the time, there will be a court order which allows at least a week or two of vacation.  If there is a court order, providing that you give notice, you are allowed to take vacation regardless if the other parent agrees or not.  However, sometimes during the pendency of the divorce, there may not be a temporary order which allows a vacation.  If there is no court order, you would either need permission from the other parent to forego their regular placement or you would need to take your vacation over your own placement periods.

You should make sure there is a vacation provision in your final judgment of divorce.  As long as there is a court order, the other parent does not have the right to restrict or veto your vacation.  The only condition would be that they should know where their child(ren) are going to be and have contact information in case of an emergency.

The only exception to the above is if you are traveling out of the country.  Federal law mandates that either both parents must be present or, if only one parent is present, written consent is necessary from the other parent or from the court. If the other parent refuses to cooperate and give permission, you can file a motion with the court requesting that the court enter an order allowing the travel.

I sometimes have clients who are the non-traveling parent and want to withhold consent for whatever reason.  I tell them to keep in mind that they are only hurting the child(ren) by denying them the opportunity for a vacation.  A few missed days of placement is well worth the benefit to the child.  And, it may benefit you in the future if you want to take your own vacation.

-Teri M Nelson

3 Questions to Ask a Divorce Lawyer Before You Hire Them

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Going through a divorce can be a difficult and painful process. It’s made even worse by the fact that most people aren’t emotionally or financially ready to handle what’s ahead – even if they are the ones filing for divorce from their spouse. Nonetheless, finding the right divorce attorney is an absolutely critical decision, and one you don’t want to put off any longer than you have to.

With the right divorce lawyer on your side, you can stand a good chance of achieving a fair resolution and protecting that which you are legally entitled to. With the wrong divorce lawyer, however, you could find yourself in the midst of a long struggle that leaves you dealing with unintended consequences for the rest of your life.

Because this is such an enormous decision, it’s important that you do the right kinds of research. Here are three questions to ask a divorce lawyer before you hire them:

How many clients have you represented as a divorce lawyer in the past?

Although experience isn’t everything, it’s important for your divorce lawyer to have a sense of the way things work, and several past cases to draw lessons and insights from. Additionally, having a divorce lawyer with lots of experience allows you to take a closer look at their previous track record and see what they’ve been able to achieve for other clients in the past.

There isn’t any set amount of experience that’s perfect for a divorce lawyer, but be careful working with anyone who hasn’t been practicing for at least a few years or more. Given that the outcome of the proceedings will affect you, your finances, and your family for a very long time, you probably don’t want to entrust the job to someone without a little history behind them.

Who is your perfect client?

Because divorce is such a personal and multifaceted process, there are divorce attorneys who specialize in different types of cases, situations, and even clients. And so, the chances are very good that you could find a divorce lawyer in your area who has helped lots of other people who were in a situation similar to yours in the past.

Ask about your divorce lawyer’s perfect client, because the answer will tell you what sort of situations they are most familiar with – and the ones where they are most likely to get the results you are hoping for.  Also, ask your attorney how you can help and what types of things you can do to assist in the process.  You should be able to have input and control into your own case.  This will save you attorneys fees and give you greater satisfaction with the end result.  Your attorney should welcome your assistance and your input.  After all, it is your life and you have to live with the results.

How will you handle my case?

Depending on the reputation, schedule, and experience of your divorce lawyer, he or she may maintain a very small staff with a couple of executive assistants, or a very large one with several junior attorneys in the office. Neither of those is necessarily better, but it is good to find out from the outset how much of your case will be handled personally by your divorce lawyer, and how much will be assigned to other members of the team.

You should ask your attorney how they will communicate with you, what you should expect in terms of procedure and how things work in general.  You should also ask how quickly your attorney can respond to your questions and/or what happens if they are in court or you can’t get in touch with them.  Communication is key and you need to know up front how this will be handled.

Lastly, you should find out if your attorney will work cooperatively with the other party or his or her attorney or if they plan on litigating from the beginning.  You should decide the answer to this question – not your attorney.  Everyone has different expectations in their divorce and how they want their case to be handled.  Your attorney is working for you and in your best interest.  Sometimes what you want is not necessarily in your best interests, however, and you should feel comfortable listening to your attorney’s advice on this.

Even the most amicable divorces are rarely easy, from a legal standpoint or an emotional one. For that reason, you need to have the right divorce lawyer on your side.

If you have questions about the divorce process, or just want to meet with a divorce lawyer call us at 414-258-1644 to set up a free initial consultation today.  You can also visit our website for more information.

Can I Remove My Spouse From Insurance Before a Divorce?

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When you file for divorce, you want to begin the process of separation as much as possible.  You open your own bank accounts, cancel joint credit cards, maybe even move out.  A question that often comes up is whether you can remove your spouse from insurance policies before or during a divorce.

The answer is usually no.  There are many types of insurance policies that people own: health, life, auto, homeowners.  In Wisconsin, the court would typically enter an order that all insurance policies, and beneficiaries, remain in effect during the pendency of a divorce.  This is hard to swallow for some people.  However, you also need to consider that until the final judgment is entered, you are technically still married.  And, as a married person, you still carry some responsibility and liability for your spouse.  It is actually in your best interest to maintain insurance up until the date of your final divorce.

For example, if your spouse becomes ill, you are still liable for medical bills as a spouse.  Even though the divorce court might not order that you are responsible for bills incurred after the date of the filing, creditors are not bound by family court orders.  They technically could seek reimbursement from a spouse.  Therefore, having health insurance in place is for your maximum protection for these types of debts.

Or, if your spouse is in a car accident for which they are at fault, you are certainly not liable for their actions.  However, marital assets such as income, bank accounts or your home could be subject to collection actions.  Having automobile insurance in place also reduces your risk in this situation.

Life insurance is the most difficult to justify – after all, if something happens to you, you certainly don’t want your soon-to-be-ex spouse to benefit.  If you have children, though, it will be to your children’s benefit as well.  And, if you have a long-term marriage, life insurance makes sense if you will have a maintenance (alimony) obligation.  In other situations, however, the court may consider releasing you from your obligation to maintain life insurance for your spouse.

You can ask the court to order the other spouse to pay for or contribute to the cost of these insurance policies if appropriate.  However, as indicated, it is really to your own benefit in most cases to maintain insurance for yourself and your spouse even during the pendency of a divorce.

Once a divorce is final, all obligations to carry insurance for your spouse cease.  They may have the right to continue on your health insurance under COBRA at their own cost.  They will be responsible for their own auto and life insurance.  If you have minor children, however, you will most likely be ordered to maintain your life insurance and name them as beneficiaries.

To further discuss issues related to a divorce or legal separation, please contact the experienced divorce attorneys at Nelson, Krueger & Millenbach, LLC at 414-258-1644 or visit our website for more information.

Discussing Your Divorce With Others

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A recent Dear Abby column caught my attention (2nd letter):

DEAR ABBY: Please pass along this suggestion to your readers: If you’re separated or getting a divorce, use discretion if you’re tempted to talk about it.  The more you bad-mouth the person you are divorcing, the more people will reject you. It may not seem fair, but it’s true. People will “forget” that you never complained before and say, “I didn’t know she was so vindictive. No wonder he left!”  You will do yourself additional damage by ranting to co-workers. You’re paid to work, not talk. Your co-workers are paid to work, not listen.

. . .

Your pain will linger for months, but the patience of your friends and co-workers will fade. My co-worker managed to bore all of us. She quit therapy to spend the money redecorating her home to “erase him from her life.” Not only did she lose all sympathy in that shortsighted, shallow act, she also lost precious time she should have spent healing and becoming strong and independent.

–TIRED OF LISTENING IN MARYLAND

So, how are you supposed to behave when faced with a divorce?  Are you supposed to discuss your divorce with others?  Of course!  Sometimes, you just need to talk about it.  Sometimes, you are so angry, your feelings spill out.  That is understandable but “Tired” does have a point.

The very first, and most important, thing to remember is to not talk about your feelings or express your anger to or in front of your kids!  I cannot stress enough how much damage you can do to your children by engaging in this type of behavior.  People think that children, especially older children, “have the right to know” what is going on.  Or, they talk to their children instead of friends or family because they are the closest to the situation.  Even if kids ask, they do not need to know the details of your divorce.  They are not mature enough to handle that kind of information, even if you think they are.

I think the point of the Dear Abby letter is not that you shouldn’t talk to your friends or family but that you should be careful of what and how much you share.  If you are having trouble dealing with the situation or of letting go of your anger, you should seek counseling or a support group to help you deal with your divorce.  While friends and family are a good source to “vent to” once in a while, they are not trained professionals and cannot help you move forward with your life.

You should also not share with strangers or in your workplace.  Let’s face it, they really don’t want to know all the gory details.  This creates an uncomfortable situation for them and you may regret it down the road.  Do you really want casual or business acquaintances knowing the intimate details of your life?  Once you calm down, you will realize probably not and will regret the details you have shared.

I have heard stories over the years – people who call their spouse’s boss to share “what they did”.  Or, even worse, telling teachers or daycare professionals the details of the break-up.  You might think that you are trying to get people on your side which will generate sympathy for you but what you are really doing is making everyone uncomfortable and creating possible unforeseen circumstances.  You could, for example, cause your spouse to lose their job which will hurt you and your children in the long run when there is no income to pay support.  Or, you could lose your daycare provider because they don’t want to be put in the middle of you and your spouse.  You could also have difficulty in a custody or placement dispute if you are seen putting your own needs above those of your children. I have seen all of these things happen.

Keep in mind that how you deal with your divorce will create long-term consequences for you and/or your children.  No one blames you for being upset or angry.  But, you do not need share the details of your divorce with everyone around you which could be damaging to you, your career, your relationships and your children.  Think before you speak and if you are having difficulty doing that, seek counseling or support from a professional.

–Teri M Nelson

Are Divorce Records Public in Wisconsin?

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Is a divorce part of the public record in Wisconsin?  Should it be?  After all, are your family issues really anyone else’s business?  I ran across an interesting article from a few years ago written by a California divorce attorney lamenting the fact that divorce records are public and found that I agreed with most of his points. (My Divorce is None of Your Business). The premise of the article is that marriage and family are private and protected in many other areas of the law and society – so should then be divorce.

In Wisconsin, the answer is yes, divorce records are public.  In fact, Wisconsin is one of the few states that give full public access to all court records online, including divorce (see CCAP).  The only exception is paternity or children’s court cases which are confidential.  Your court file is public record with the exception of financial statements, which are sealed.  All family court proceedings, again except paternity cases, are open to the public.

How does this affect you?  In reality, unless you have a really nosy neighbor with way too much time on their hands, people you know are not going to trek to the courthouse and peruse through your divorce file.  But, CCAP does cause all types of issues for the people of Wisconsin.  There has been much debate in Wisconsin about the level of access the public should have to these records.  There have been complaints about discrimination from prospective employers, landlords, etc.  The fact of it is, in Wisconsin, any contact you have had with the legal system is an open book for all to see.

The details of your divorce judgment are not necessarily listed on CCAP.  But, sometimes details peek through in the notes the clerks make in the system with regards to hearings and court findings.  This is dependent on the clerk and the judge.  Occasionally, the judges will seal or restrict what appears on CCAP but a party would need to petition the court for that and there would need to be a compelling reason (a public figure, safety issues, etc.).

As family lawyers, one issue that we have with CCAP is that your divorce filing appears almost instantly.  Therefore, if you don’t want your spouse to know you filed yet, you simply can’t file.  Sometimes, there are reasons to file but to wait to serve the papers.  Often when there is domestic violence, we want to initiate the divorce quickly to obtain a court date but don’t want to serve to allow our clients time to move out or put into place a safety plan.  However, with the advent of CCAP, we can no longer do that.  Pre-divorce planning is crucial in these situations and you should consult with your attorney regarding same.

Conversely, public court records can also be extremely helpful.  It is difficult now to hide bad behavior and conceal legal problems or debts.  Family lawyers can better protect our clients from undisclosed issues.  In virtually every case, we feel an obligation to search CCAP to discover potential issues or problems.  CCAP also allows us to keep track of and monitor our cases.  It is an extremely important tool and resource for those of us working in the legal system.

The bottom line is that divorce can be messy and in Wisconsin, at least, it is public.  Whatever your opinion might be about that, it is the reality that we must live with.

To discuss your case further with an experienced divorce attorney, contact us at 414-258-1644 to schedule a free initial office consultation or visit our website for more information.

Do I Have to Pay My Husband Maintenance (Alimony) in Wisconsin?

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Many women now out earn their husbands or they are the “breadwinners” and their spouse stays home to take care of the children.  This situation can cause problems in a divorce and women often feel that they should not have to pay their husbands maintenance or alimony simply based on gender.

Maintenance, or what used to be called alimony, is ordered by the Court based on certain factors in the Wisconsin Statutes.   There is no definitive test or guidelines in Wisconsin for when and how much maintenance should be ordered. The decision to award maintenance to one party is a discretionary decision of the Court. In other words, the Court has a lot of leeway when deciding the issue of maintenance. The Court must consider a list of factors stated in the Wisconsin Statutes and any other factors that the Court deems relevant.

The Wisconsin statutes are “blind” as to gender.  It does not matter whether you are the husband or the wife.  If maintenance is deemed appropriate by the court, it will be awarded regardless of who has the higher income.  Generally, if it is a long term marriage and you (the Wife) have a significantly higher income than your husband, the court will most likely order you to pay maintenance.

The court will look at factors such as earnings history and earning capacity.  If your husband simply refuses to work or refuses to work at his full capacity, the court can order that a higher income be imputed to him for purposes of calculating maintenance.  However, if the role reversal in your marriage was based upon a mutual decision or has a long-standing history in your marriage, then maintenance would most likely be ordered.  In other words, the court will look at the reasons why there is an inequity in the income.

At the time of the divorce, both parties are expected to work and work to their full earning capacity.  The only exception is if someone is unable to work due to health or other legitimate reasons.  In those cases, the court will look to see what the party can do or what alternative sources of income may be available to them such as social security or disability payments.   Ultimately, however, if maintenance is requested by your husband, the court will follow the statutes in awarding maintenance, regardless of gender.

To discuss maintenance in your divorce, contact our office to schedule a free initial consultation at 414-258-1644 or visit our website for more information.

5 Signs You Need a New Divorce Lawyer

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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.