covid-19 wisconsin divorce

COVID-19 and Divorce Mediation in Wisconsin

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

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

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

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

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

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

 

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

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

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

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

1. BE HEALTHY.

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

2. BE MINDFUL.

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

3. BE COMPLIANT with court orders and custody agreements.

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

4. BE CREATIVE.

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

5. BE TRANSPARENT.

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

6. BE GENEROUS.

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

7. BE UNDERSTANDING.

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

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

 

Wisconsin Family Law and COVID-19

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WE ARE HERE FOR YOU!

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

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