Divorce in Brookfield, WI, and Waukesha, WI
Divorce is a difficult time in anyone’s life. While we can’t change the circumstances, we can help reduce the stress during this time by educating you about the process and informing you about various options. Each family is different and your neighbor, friend, or co-worker's situation may not apply to your case because of your unique circumstances. This includes your finances, debts, ages of your children, retirement options (commonly misunderstood) and tax consequences of each of these options. Our attorneys effectively guide you through the divorce or legal separation process with a' la carte legal coaching or full attorney representation. The choices you make now will impact your family and finances for years to come.
Flat Fee, Limited Scope, Mediation, & Traditional Hourly Options
The traditional approach to divorce or legal separation can be costly given that the parties rarely talk in this approach, leaving the attorneys to negotiate the disputed items. This can increase the emotional toll, financial toll, and send the case to a place that neither party intended. We offer alternative approaches to proceed through your divorce. Those options are listed below.
1. Divorce Mediation Resolve your disputes amicably and save money. Mediation is an effective way to settle your divorce related matters without prolonged litigation (and the cost and emotional drain) and yet WITH the legal guidance from an experienced family law attorney. The mediator (attorney) acts as a neutral party, to help the parties reach mediated agreements on any or all issues in their divorce, including property (asset) division, debt division, child support, maintenance (alimony), and child related matters such as placement, custody and health insurance.
Even with disagreement on many issues - mediation is a viable alternative as the difficult discussions occur in the "safe zone" of each mediation session (typically 3-6 sessions). Our flat fee mediation package includes all session time and assistance completing and filing the required court forms. Call today to explore your mediation options
262-432-3600.
2. Collaborative Law for Divorce is another option that allows parties to go through the process of divorce while maintaining respect and communication throughout. This option also includes child specialists to help with parenting plans or financial specialists to address unique needs.
Each party selects a collaborative attorney and agree up front to not litigate the case through court. All discussions are done in face to face (or virtual) settlement meetings. The parties also sign an agreement to accomplish this commitment that becomes a court order. If either party then later decides to litigate, each party must seek new counsel and new professional advisors. It is common in a collaborative case to involve financial experts and mental health professionals. To learn more about Collaborative Law, go to the Collaborative Family Law Council of Wisconsin. You will note that Attorney Michelle Fitzgerald is a member of the Council. Call or email today if you would like more information about the collaborative process.
3. Limited Scope / Pro Se Divorce Package This is a full-service package including assistance with completion of the forms and filing the forms for you! Pro Se is a Latin term meaning no attorney on record with the court for your case. We take away the hassle of understanding the forms, what you need, what you can skip, etc. Spend your free time on family and friends - not forms! Unlike other pro se divorce services, we provide full service, not a tutorial or instructions for creating your forms. You will save hours (and months) of your own personal - and avoid the stress and hassle on top of an already difficult transition.
This service works best for parties who already agree on division of assets, or have little to no questions on child placement, etc. Call today for an appointment or for more information about this service. 262-432-3600 or complete and submit this form to get started.
4. Coaching and Consulting Services You can use a combination of our services, such as our forms service AND consult with an attorney as needed. Or if you are handling your divorce on your own, you can use our attorney services as needed. What types of things can we assist with? Review of finances. Settlement ideas. Settlement response to spouse/spouse’s attorney. Discovery assistance. Brief to court. Preparation of Exhibits for court. And more! You will be pleasantly surprised at how you can receive the assistance needed, yet continue to advocate for yourself. Coaching and consulting (unbundled services) during your divorce can be very effective if you choose to not hire full legal representation.
Attorney Michelle Fitzgerald & Divorce Options
Also See Our Sample Flat Fees and Hourly Consulting Rates
Here
Post-Divorce, Support & Placement
A. Placement Changes It is common to have to revisit your placement or support arrangement after your final orders in a divorce or paternity action. Generally you must wait two years from the final orders that were made for any changes in placement. In some circumstances, a request can be made sooner, including by agreement of the parties.
B. Child Support or Maintenance Changes Child support can be modified (changed) every year based upon a change of either parties’ income. Maintenance may or may not be allowed to be changed depending on the wording in your final agreement. If you have a child support or maintenance obligation, you are required to exchange proof of your annual income each year with the other parent. If you have shared equal placement and do not currently pay child support, you still have a support ‘obligation’ and do need to do the annual exchange with the other parent. If either parent fails to do this, especially upon request by the other parent, financial consequences may happen including the court awarding attorney fees, or a financial penalty similar to the support the other party did not receive
C. Stipulation or Agreement
If both parties agree to the change, there is a form that can be filled out for the new changes to support, placement or other items such as health care coverage, income tax deductions, support arrears, etc. It is a court required form that must be filled out and signed by both parties and submitted to the court for signature and processing.
D.Motion to Request a Change
If there is no agreement, then a motion must be filed with the court to request the change. Even if you do not wish to hire an attorney for the entire court process, it is well worth paying for an hour or so of time to learn about the process and whether you should or should not file a motion at this time. In some instances, it is not a good idea. For example, if you want to reduce your child support because one child graduated and you should only be paying support for one child now but your income has gone up significantly from the time of the last order. In that case, even though the required percentage calculation is lower, it could result in a higher amount of support. Hence, leave well enough alone. And the reverse could be true for a party receiving support who wants to file a motion for an increase of support only to find out that it will actually result in a decrease.
E. Placement motions are never easy to complete all on your own and an attorney is usually recommended. Mediation is usually required by the courts even if you completed mediation during your divorce or paternity action. You must complete it again for this new post-judgment issue. If that does not resolve the case, the court will appoint a guardian ad litem and both parties generally pay for that person (another attorney) on the case. Some counties also have a social worker assess the case and the parties pay a fee for that as well.
Please call for an appointment to learn more about making changes to your current placement or support orders. Some changes can be made relatively easy. Others may require more time and investment that you may wish to avoid.
Pre and Post Nuptial Marital Agreements
As you consider marriage, or a second marriage or even cohabitating and owning a home together, it is important to spell out the intentions of each party and the agreements. You may want to consider the following items in the attached checklist as well as whether you would want:
- To keep assets and debts before marriage as your separate property
- Any gains or contributions to assets after marriage separate or part of marital property
- An equal sharing of household expenses or according to each party's portion of income
- To express an intention about having children and parenting in the event of divorce
- To include or exclude maintenance (spousal support) in the event of a divorce
- The agreement to continue beyond a set number years (or be revisited after a set number of years) or a larger sharing of assets if the marriage was longer
- Retirement treated the same or differently than other assets
- The agreement to control in the event of death, or only in the event of divorce
- Business or future investments to be kept separate or marital
Complete this form with your significant other to move forward with a prenup agreement or cohabitating agreement.
The Importance of Establishing Legal Paternity
The court system is the only entity that can establish legal rights, like custody and placement, to the father. There are several reasons that establishing the legal paternity of your child is important. Some of these include:
- Rights to visitation or custody
- A say in any possible adoption proceedings
- Coverage under the father’s medical insurance
- Inheritances or life insurance policies of the father
- Child support
- Veterans’ benefits
- Social Security benefits
There Are Three Ways That Paternity Can Be Established:
Voluntary Paternity: If the man willingly signs the Voluntary Paternity Acknowledgement form then, in the eyes of the law, he is considered to be the father and his name will be added to the child’s birth certificate. This form can be found at the hospital where the child was born and can be signed at any time after the birth. If the mother is married, the process must be done through the courts.
Court Ruling: The blue acknowledgement form should not be signed if there is any doubt about the true paternity of the child. Either party has the option to start a court action in order to legally establish paternity. To establish paternity, court-ordered testing will be required.
Subsequent Marriage: If paternity is not established through the signing of the Voluntary Paternity form or through a court ruling, the child can be legitimized through the marriage of the parents. The Acknowledgement of Marital Child (Legitimation) form must be signed for the father to receive legal rights and will provide the same privileges as if the parents were married before the child’s birth.
The state’s interests lie in providing the minor child with support. If either party has received any kind of federal or state aid, like medical assistance or food stamps, the child support office in that jurisdiction will start their own paternity suit. A lawsuit can also be filed if one of the parties refuses to cooperate with the visitation mandate. If paternity has already been legally established, a family case must be filed.
When Is a Guardianship Necessary?
When an adult is no longer able to make decisions for him or herself, and he or she does NOT have power of attorney documents. Power of attorney documents designate who can sign on their behalf – for medical or financial (separate documents). Guardianship is a formal court proceeding that requires many steps and at least one court hearing. Guardianship is also necessary when a disabled child is close to reaching the age of majority (18). Prior to that time, the parents can sign for medical treatment and such. After age 18, parents need to be appointed legal guardian. Another type of guardianship is for a minor child, if his or her parents are deceased or not able to care for the child. We can assist with all types of guardianship, and help you plan to avoid a guardianship action
Horizons Law Group Can Help You Get the Outcome You Desire
The attorneys at Horizons Law Group are experienced in handling these kinds of cases and will help you navigate the ins and outs of the paternity process. We also offer our clients private mediation to help resolve any disputes and bring everyone to agreement. Call us today to make an appointment or to speak to an attorney about your legal rights at
262.432.3600
Areas Served: Brookfield, Pewaukee, Waukesha, New Berlin, Muskego, Menomonee Falls, West Milwaukee and Milwaukee and more
Horizons Law Group, LLC
Phone: (262) 432-3600
Email: askinfo@horizonslaw.com
Address: 611 N. Barker Rd., Suite 209, Brookfield, WI 53045