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Pets in a Divorce: Wisconsin Law

Pets in a Divorce: Wisconsin Law

Pets in a Divorce: Wisconsin Law More than 63% of all families have a pet, according to recent surveys. Since 1 in 2 marriages ends in divorce, dealing with shared pets is a common issue in divorce. In Wisconsin, the law considers pets to be personal property, despite the long-standing relationships held between the pet and its owners. Therefore, the Court “divides” pets between owners just like any other property in your home. Here’s what you need to know to understand the issues surrounding pets in a divorce.

Who decides who gets to keep the cat?

Several different individuals decide on property division, depending on which process you take. In divorce litigation, your attorneys may come to a negotiated settlement agreement where they come to a mutual agreement. If your case goes to Court, the Judge will likely approve the final agreement. If you use divorce mediation, you and your spouse will work with a neutral mediator to get to a mutually agreeable decision together. For this reason, if you have pets that are a high priority, you may want to consider mediation to have as much a say in the decision as possible.

What facts are considered for property division?

Since pets are considered property rather than a member of the family, they are treated in the same way as your furniture, cars and home. The Court will take into account the total amount of property owned by both spouses, and how much it is all worth. Usually property is split 50/50, including animals. If you take the dog, you’d likely have to give up something of equal worth. When both spouses want to keep the pet, this process can take much longer, and cost thousands of dollars. The Court will take into account previously-made agreements about who will keep the pet in the event of a divorce. If you own pets before marriage, consider getting a prenuptial agreement that states you maintain separate ownership of the pets.

What if my spouse abuses the pet?

If your spouse has mistreated, neglected or outright abused your pet, you should absolutely bring that up to the Court. However, unlike a situation that involved child abuse, the burden of proof is on you. The Court will not investigate for you – you must provide evidence like photos, medical reports, or eyewitness testimony. Of course, the Court can also rule that both spouses are unfit to keep the animals – make sure you watch your own behavior too.

Our advice: try compromising with your ex-spouse.

At the end of the day, with pets in a divorce, it’s almost always best to come to a private agreement. Meet with your spouse and offer them rights to property that they would like in exchange for the pet. The Judge will almost always accept a compromise agreement between spouses. If you cannot negotiate on your own, consider hiring a divorce mediator, even just to help with that one issue. The mediator will help identify solutions, pros and con’s, prepare all legal documents, obtain signatures, and then submit the agreement to the Court for you.

Pets in Divorce: A Recap

In summary, pets in divorce go through the same process as communal property. If you sign a prenuptial agreement you can maintain sole ownership despite marriage. If not, the pet will be divided by the Court, your attorneys’ agreement, or your own agreement. We recommend trying to come to an agreement out of Court to save time and money and maintain a better working relationship with your spouse. If you are concerned about animal abuse, raise the issue, but be ready to prove your case as well.

Want a more affordable, healthier divorce than court litigation? Click here to learn more about the many benefits of divorce mediation.

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How to prepare for a legal consultation?

How to Prepare for a Legal Consultation

How to prepare for a legal consultation?   If you’ve never met with an attorney before, it can be an intimidating moment. Usually you’re facing some legal or family problems that come with their own stress. Preparing to meet your lawyer, getting documents and thinking about questions can get overwhelming. Here are a few tips on how to prepare for a legal consultation from our staff.

Start preparing emotionally.

Before we jump into legal questions and documents, you have to start with you. In your consult, you may have to talk about things you’ve never discussed before with anyone else. If you think about what you want to discuss ahead of time, it may be easier to productively address these emotional issues as they relate to your case. If you have someone emotionally supporting you, like a parent, sibling or close friend, it may be a good idea to invite them to come with you. Finally, consider what’s important to you and what you want to end up with on the other side. Returning to this goal when things get emotional can help focus, re-center and calm you.

Make a list of Questions & Facts.

If your consultation is scheduled several days or weeks in advance, try keeping a list of questions. As questions come to you, jot them down, so you remember everything you want to discuss and can take full advantage of your time. You’ll also want to list out the facts relevant to your legal concerns. Think of things like your spouse’s name, DOB and place of employment, your kids’ names and DOB, date of marriage, medical and mental health history, etc. Anything you believe is relevant, should be included to help move the process along.

Get your documentation together.

Lastly, you should plan to collect and bring important legal and financial documents to your consultation. When you schedule, you should get information about what specific documents to bring, but here is a general list to consider:
  • Tax Returns and/or W-2 forms for both spouses for past 2 years.
  • Paystubs, employment contracts, financial records for businesses.
  • Bank Statements (past 2 years)
  • Retirement and other investment statements
  • Copy of any pre-marital or prenuptial agreements
  • Copy of any legal papers filed related to the issue.
  • Ledger of monthly expenses
  • List of property owned including residential, vacation, vehicles, recreational vehicles, etc.
  • List of debts including mortgages, personal loans, student loans, credit cards, medical bills, etc.

How to Prepare for a Legal Consultation – Emotions, Lists & Documents.

Let’s recap: If you need to know how to prepare for a legal consultation, consider these three things. First, consider your emotions, and try to prepare to discuss emotionally-challenging topics. Second, create a list of questions you want to ask, and of all the relevant facts to your case. Third, start to collect the documents listed above along with any others specifically requested by your attorney. If you take these simple steps, you will be much better prepared for your consultation!

Want a more affordable, healthier divorce than court litigation? Click here to learn more about the many benefits of divorce mediation.

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What is a mediated prenuptial agreement?

What is a Mediated Prenuptial Agreement?

What is a mediated prenuptial agreement? You’ve probably heard of a “prenup” at some point in your life – short for a “Prenuptial Agreement.” It’s really just a fancy legal term for a contract between two people getting married. Prenups serve many purposes, but typically deal with the property (and debt) owned by the couple, and their rights once married. This helps provide clarity around what happens to property that pre-dates the marriage, especially if the marriage fails. So what is a mediated prenuptial agreement?

Prenuptial agreements can cause problems.

Creating a prenuptial agreement can be a very stressful and upsetting job. Often requested following a long term relationship, where the two lived together for a while, prenups abound. Once a couple gets engaged and starts planning a life together, two different visions emerge. One sees them sharing everything – including their financial assets. The other may have some nagging doubts about the financial aspect, although they still love them and want to share a life together. It may be that they are being pressured, by parents or other family and friends, or simply that they are more cautious. It does not mean they believe the marriage will fail, or don’t intend to try. However almost invariably, everything becomes ugly once a prenup is mentioned. The spouse expecting to share everything reacts with shock, and often hurt. The more cautious spouse may respond in kind, getting defensive, damaging the relationship for good. Even if the marriage goes on to last, a prenup forever alters things, especially for the less advantaged spouse. Not an ideal start to a marriage.

Mediation is the better way to negotiate a prenup.

Usually, prenup’s are negotiated with the aid of one or more attorneys. However, mediation can reduce or eliminate the damage to a relationship, compared with conflict-driven litigation. The mediation process lets the parties decide on terms themselves. The mediator helps level the playing field and help the couple come together for a mutual solution acceptable to both.

What is a Mediated Prenuptial Agreement?

The core value of mediation comes from the conviction that the parties themselves think about decide on terms. As the couple intends to marry, the process and terms should reflect love and care. Mediation helps prevent contamination of the prenup with the interests of attorneys, parents, and other “shadow parties” pulling strings behind the prenup.

How does a mediated prenup work?

To begin, both parties share information with each other and the mediator about their assets and income. This includes the moneyed parents of one of the future spouses, like future inheritance. In the case of parental wealth, one spouse may ask the other to waive all rights to inherited money coming from a parent, forever. However that spouse needs to know what they are waiving. If the assets of the parents are not revealed during the process, and waiver will be void once the information comes to light, and the relationship irrevocably harmed. Most importantly, prenups do not have to be an “all or nothing” decision. Any issue or property can be “sliced or diced.” For example, you can consider income from separate property (like a rental property) separate, or shared property. However the income could also be shared as a percentage – one spouse gets 60%, and the other 40%. You can change percentages overtime – they can start at some point after the wedding and then change as time goes on and the marriage proves itself durable. For example, a husband may own the house prior to the marriage, and at 5 years his wife might get 25% ownership, and at 10 years she might get an equal 50% ownership. You can also consider “sunset clauses” by which the prenup self-destructs and no longer applies after a certain number of years of continued marriage.

A generous prenup is good for everyone.

Many prenup omit a “mutual inheritance clause” to apply if one of you dies during the marriage. This ensures that the surviving spouse inherits all property – it is an important protection that signals love and care from a spouse for the other. The more generous in general a prenup, the more enforceable it will be in court. If you do end up divorcing, a spouse will have little interest in litigating a generous prenup. Courts also tend not to overturn prenups so long as they have reasonable terms and provide adequate security for the less moneyed spouse. Relationships can be damaged through the high-conflict process of creating a prenuptial agreement. It doesn’t have to be that bad. Know you know What is a Mediated Prenuptial Agreement! Mediation can provide an excellent alternative method for couples to get through this difficult journey and on to their marriage!

Want a more affordable, healthier divorce than court litigation? Click here to learn more about the many benefits of divorce mediation.

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how to divorce someone not living in wisconsin

How to Divorce Someone Not Living in Wisconsin

  It isn’t unusual for a couple to separate, with one leaving the state entirely, without getting a formal divorce. Eventually, one spouse may look to remarry or tie up loose ends and seek a divorce. We often get the question, “Can I divorce my spouse if they aren’t living in Wisconsin?” It turns out, you can, though it can be more complicated than a normal divorce. We explain some of the scenarios and how to divorce someone not living in Wisconsin. Remember to get formal legal advice before moving on with these recommendations.

How to divorce someone not living in Wisconsin.

There are three key things to know about this issue. The first is residency – you must ensure you have legal grounds to file in Wisconsin. Secondly, you must arrange for your spouse to be served wherever they are located. Finally, you must arrange for the divorce hearing, where you meet a judge in Court. We will tackle each of these topics in turn.

Residency requirements for filing for divorce.

In the state of Wisconsin, you must be a legal resident of the state for at least six months. You must also be a legal resident of the specific county you will file in for thirty days before filing. If you do not meet these standards, you will need to consider filing in another location or wait until you do.

Serving your spouse divorce papers.

You are required to arrange for your spouse to be “served” with the petition for divorce and other official documents. Usually this includes notice of the divorce hearing time, date and location. To prove you have attempted service, you must do so using one of three methods (in ascending order). First, if you know where they live, you can arrange for a process server or the local sheriff to serve them. This usually includes a fee that ranges from $100 to $200. If you think your spouse will willingly sign an “Admission of Service” to prove you served them documents, you can send the documents via certified mail and ask them to return the signed Admission to you. If you are unaware of your spouse’s specific location, you can publish a notice in area newspapers for a certain period of time. We recommend you consult with an attorney before taking any of these actions to ensure you do it right. If you don’t, your divorce will likely be denied.

Your divorce hearing with a spouse out of state.

Once you submit proof of service to the court, you will have your Divorce Hearing. An out of state spouse can send a letter to the judge requesting appear by phone, which could lead to a full litigated divorce over a period of time. If your spouse declines to show up, the judge can order the divorce without them if they were properly served. This is why it is important to get service right the first time.

There are other factors, so talk to a lawyer.

No two situations are the same, and there are many scenarios where you may need to take different or alternative actions. While these should get you started in terms of what questions to ask and research to do, you should talk to an attorney before taking any legal action. If you don’t, the divorce could be denied and you may be out hundreds of dollars.

Want a more affordable, healthier divorce than court litigation? Click here to learn more about the many benefits of divorce mediation.

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Divorcing a Green Card Holder: What Does it Mean for Me?

Divorcing a Green Card Holder: What Does it Mean for Me?

Divorcing a Green Card Holder: What Does it Mean for Me?   Many immigrants to America have “permanent residence status” instead of full citizenship. This means they have legal permission to be in the country. Most spouses who are permanent residents obtain their legal status through their marriage to a legal citizen. We call these residents “green card holders.” While your spouse will need to work through their own immigration law questions, the divorce will affect you uniquely too. Typically, the spouse who is a citizen must sign a contract with the Federal government agreeing to financially provide for their non-citizen spouse.

You still have to sponsor your spouse if you are divorced.

You may feel you are off the hook once your divorce papers are finalized. However if your ex-spouse is a green card holder, and gained it through your marriage, this is not true. Even if they receive half the property from your marriage, you remain obligated to provide them financial support to ensure they are not eligible for public benefits (food stamps, unemployment benefits, etc.). This also helps disincentivize people from marrying solely for immigration reasons and then divorcing shortly after – you remain on the hook for their financial well-being, rather than the United States government. Even if your divorce judgement does not require payments like alimony or spousal support, you still must support your ex-spouse. This is because your divorce judgement is issued by a State Court. Immigration is regulated by the Federal government, which is not bound by State Court orders. The contract you will have to complete (The I-864 Affidavit of Support) still requires that you support them so they do not live in poverty.

A Few Other Important Things to Consider.

It is important to remember that the contract to support your ex-spouse is between you and the Federal Government. Your ex-spouse is under no legal obligation to support themselves following your divorce. As your spouse’s original sponsor, you alone are responsible for ensuring they do not need public benefits. Therefore, it is in your own interest to keep your relationship cordial and respectful. If you refuse to support your ex-spouse and they apply for public benefits (like food stamps, medicaid, etc.) the public agency may grant them the support and then take you to court to reimburse them. Complying with the agreement and avoiding unnecessary attorney fees and court costs is in your own interest.

When Does My Sponsorship Responsibility End?

There are very few conditions in which you no longer must support your ex-spouse financially. These possible options include:
  • They become a U.S. Citizen
  • They have worked 10 years (or have 40 work quarters)
  • They leave the U.S.
  • You or they die.

Divorcing a Green Card Holder: Summing it Up

If your spouse originally received permanent residence by marrying you, you will be responsible for their financial well-being for many years following divorce. If you don’t support them, public agencies may step in for you, and take you to court for reimbursements. Keeping a good working relationship with your ex-spouse, helping them support themselves and move toward citizenship are all better solutions than trying to avoid payments and responsibility.

Want a more affordable, healthier divorce than court litigation? Click here to learn more about the many benefits of divorce mediation.

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Can my kids decide which parent they want to live with?

Can my kids decide which parent they want to live with?

Can my kids decide which parent they want to live with? Sometimes in a divorce, kids express a clear interest in living with one parent or the other. It often leads to the question: “Can my kids decide which parent they want to live with?” In Wisconsin, that’s generally not the case. The Court makes decisions based on what they believe is in the child’s best interest – and usually, that includes custody with both parents. Here are some more details to consider in answering the question.

A child can only decide if 18 or emancipated.

Typically, a child can only decide whom to live with if they are 18 or legally emancipated. As underage children, the Court assumes they are unable to judge what is best for themselves – something no parent should find shocking. However, that doesn’t change how the child feels. You may still end up with a kid who wants to live with their other parent. If this is the case, don’t respond with anger or appear hurt. Allow your kids to be honest about how they feel. That’s only possible if you demonstrate you will always take things well. Working on listening and focusing on your child’s thoughts and feelings while they are young will help build a stronger relationship in the long run. In this same vein, try to respect their feelings and work towards a compromise, while still spending quality time with them.

Parents can generally make their own arrangements.

In most situations, parents can sit down and come to an arrangement without the need for a Court judgement. This allows them to consider the feelings of their children when deciding where the kids will stay, and when. In most cases, the Court will review and approve a schedule created and agreed to by both parents. However they always look for a schedule that shares time with both parents. Keep in mind that once court-approved, a schedule is usually not changed for two years unless there is a significant change in circumstances. In some situations though parents are unable to come to their own agreement and the Court must decide on a schedule for them.

The Court assumes joint custody is in the child’s best interest.

The starting assumption for the Court is that joint custody is in the child’s best interest. While a child might declare a preference to live with one parent, the Court assumes that time with both parents is preferable for the long term. This is intended to provide kids a chance to develop healthy relationships with both parents. A Guardian-Ad-Litem (GAL) is often appointed to serve as an attorney looking out for the child’s best interests. They often complete an investigation and give the Court a recommendation on what they believe is in the child’s best interests, including interviews with the child themselves. The Court will give requests from older kids more thought, especially if the reason given is strong and directly relates to their best interest. For example, a concern over mental health would be more valid than an appreciation for gifts received in the past. The Court will also consider other factors including:
  • The physical and mental health of both parents, and how it affects their children,
  • History of drug and/or alcohol abuse
  • History of violence and criminal record
  • Availability of child care, housing, and other basic child care necessities
  • Parent stability (job, community, housing, church, etc.)

Can my kids decide which parent they want to live with?

To review, kids usually cannot decide which parent to live with unless they are 18 or legally emancipated. However the court will take their views into consideration, among numerous other factors. The best solution is often coming to an agreement between both parents, who can take their kids’ thoughts and preferences into account more directly than the Court. In the end, always do your best to support your child’s relationships with both parents. It really is in their best interest.

Want a more affordable, healthier divorce than court litigation? Click here to learn more about the many benefits of divorce mediation.

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How business mediation works

How Business Mediation Works: Four Examples

How business mediation works Legal conflicts are an expensive inevitability for businesses, but it doesn’t have to cost you thousands in legal fees. Many business owners choose mediation, avoiding the time-consuming and costly process of litigation in court. As a business owner, you probably know that legal fees can cost you hundreds of dollars per hour. The sooner you can settle a dispute, with as little legal assistance as possible, the more you save. Mediation can help you do both and still reach a solution you’re satisfied with. Since both parties create the agreement, they are more likely to keep it. This can save you additional money by avoiding future disputes altogether. Here’s how business mediation works.

How Business Mediation Works

Mediators help provide their facilitation, problem-solving and conflict-resolution skills to solve your dispute outside of a courtroom. It takes skill, knowledge and experience to assess the key elements of a conflict. Mediators help analyze facts to filter out irrelevant facts, feelings and hyperbole to arrive at a satisfactory resolution. They can help suggest unique or creative solutions, and provide information about the consequences of any legal decisions made during the mediation. Here are four examples of how business mediation works. These are situations where you should consider mediation before proceeding to litigation:

Contract Disputes

No matter how long or specific, a contract always includes room for uncertainty and ambiguity. Situations may arise that are not considered by the contract. Parties may dispute the definition of a critical word or phrase. Before taking the other party to court to enforce the contract terms, you can bring in a neutral third party to act as a mediator. Remember, a mediator is not an arbitrator – they do not make a decision for the parties. They help the parties reach their own solution, and both must agree to it for it to be binding.

Disputes with Vendors

Resolving conflicts with vendors typically involves coming to an agreement on desired performance, monitoring their work and standards for quality of the results.  This takes time in a courtroom setting. However, an independent, third-party mediator can facilitate the settlement of a dispute without a court-ordered judgement.

Disputes with Employees

Disputes with employees, when ignored, can infect the whole workplace. Eventually these conflicts can taint the reputation and brand of your business. When management are unable to handle the situation in-house, a professional mediator can help. The mediation process is confidential and without prejudice. After listening to both sides and reviewing the facts of the issue, the mediator will then meet with both parties together. Rather than deciding who is right and wrong, the mediator will help both sides come to a conclusion they choose. However, a mediator still expects individuals to work proactively as adults for the process to be successful.

Disputes with your Business Partners

When the problem is with a business partner, it’s important to find a solution acceptable to both parties. With an ongoing relationship where you must continue to interact and collaborate, agreement is essential for your future. You have to maintain a working relationship. A mediator can work with you to reach an agreement and record it in writing. The agreement itself and everything said in mediation remains totally confidential but binding.

Mediation Doesn’t Eliminate Your Legal Rights

Working through mediation doesn’t take away your right to pursue legal action in the future. If of a problem arises in the future or someone does not follow your agreement, you can still go to court. However mediation can save you and your business thousands of dollars by avoiding litigation where it is not necessary. And, since both parties agree to the solution, mediated agreements typically see high rates of compliance by both parties. To learn more about business mediation, give our office a call today: 920-885-5549.

Want a more affordable, healthier divorce than court litigation? Click here to learn more about the many benefits of divorce mediation.

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Who pay back taxes in divorce

Who Pays the Back Taxes in a Divorce?

Who pays the back taxes in a divorce?              

Who Pays the Back Taxes in a Divorce?

It isn’t uncommon for a divorcing couple to owe federal taxes for one or more years prior to the divorce. This begs the oft-asked question, “Who has to pay the back taxes?” To put it shortly – it depends. Here are a few of the possible situations along with more resources to consider if this applies to you!

Joint and Several Liability

You first need to understand “Join and Several Liability.” If you filed joint tax returns as spouses, both spouses become responsible for any taxes owed, including interest and penalties. However, while both spouses are responsible for the debt, the taxing agency can collect more than one half of the debt from either spouse. The two spouses must arrange payment and reimbursement between themselves. This obviously becomes complicated during a divorce. A divorce judgement can assign tax debt to help arrange this between the parties. However, the order only bounds the two spouses and how they will divide responsibility for the debt. The IRS is not bound, and can still seek payment of the tax debt from either spouse.

Getting Relief Being Joint & Severally Liable

In certain situations, it is possible for a spouse to get relief from being joint and severally liable for a marital tax debt. This releases the spouse from responsibility for the debt, and can change who pays the back taxes in a divorce. However it requires one of three possible situations and the filing of the appropriate form with the IRS. With that said, here are the three main ways to seek relief:

Innocent Spouse Relief

If a spouse did not report income correctly, without your knowledge, and it would be unfair for you to be liable for the resulting tax, you may qualify for Innocent Spouse Relief. You must file for this relief within two years of the IRS trying to collect the owed tax. For example, if your spouse attempted to hide income which he spent on an addiction problem, there’s a chance you could get relief as an innocent spouse. For more information and to file, see IRS publication 971.

Separation of Liability Relief

If a spouse under reported their income resulting in an underestimated of the tax owed by the IRS, you might qualify for Separation of Liability Relief. This also requires that you had no actual knowledge of the unreported income, but also requires that the spouses are divorced, legally separated, widowed, or have not lived together for 12 months prior to asking for help. While similar to Innocent Spouse Relief, this applies only to already separated spouses. See IRS publication 971.

Equitable Relief

Finally, if you don’t fall into the first two categories, but you still feel that it is unfair that you’re being held responsible for your spouse’s liability, you can apply for the more general “Equitable Relief.” The IRS will consider all the facts and circumstances, and will likely request more information, before deciding whether or not to grant relief. See IRS publication 971.

Talk to a Tax Expert for More Information

To obtain relief in any of the above ways, you have to file the appropriate form and documentation to the IRS. Sometimes, these issues can be more complicated than they appear. We recommend that you consult with a tax expert for assistance with any requests to the IRS. Now you know who pays the back taxes in a divorce!

Want a more affordable, healthier divorce than court litigation? Click here to learn more about the many benefits of divorce mediation.

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6 Ways to know if the kids are coached

6 Ways to Know if the Kids are Coached

After divorce, no one wants to think that their ex-spouse is coaching the children. Sometimes you might get a feeling although you can’t put your finger on it. Sometimes, you have that feeling because our subconscious brain recognizes signs that we don’t realize. Here are six signs that you shouldn’t ignore, along with ways to respond.

Unique Language

The first sign is when your child uses language that they don’t normally use but your ex does. One parent said that her oldest daughter Jean asked her “Why have you been acting so weird lately?” Her daughter had never used it although her ex would frequently yell during an argument “Why are you acting so weird again?” Another example is using words that are obviously above their educational level. Mary was an average 5th grader. When her mother was explaining why she couldn’t stay overnight at her friend’s home. She angrily said, “You think you’re such a great Mom, but you’re actually toxic.” When her mother said, “Where did you learn that?” She quietly looked down.

Asking About Activities or Events

A second sign is when your child asks for information that they have never cared about before. For example, when her dad returned her back to her mom, six-year old Melonie asked him, “Are you going to the parent teacher conference tomorrow night?” She frequently asked when he was next coming to pick her up but she never asked her dad where he would be going when she was not with him. Age is a factor to consider because if Melonie had been 14, she might have been asking him if he was coming with her to the parent teacher conference.

Spewing “Divorce” Opinions

Another sign of coaching is providing divorce facts or opinions that aren’t even relevant to the question.  The classic example of coaching is when during the divorce, a custody evaluator asks what 10-year old John likes to do when he is at his dad’s. John takes a deep breath and launches into a tirade about how he thinks it is only fair that he should be able to live exactly the same amount of time with both parents.

Significant Other Questions

Another example there may be coaching is when kids ask questions that relate to a new significant other. Sixteen year old Sam loves video games and baseball but not cars. Sam had also never met his mom’s new boyfriend, John. Still, he asked his mother as she was leaving, “What are you going to do if the hose on your car breaks? Who is going to fix it? Is your friend ‘John’ going to fix it?

Odd Timing Questions

It is odd when kids ask questions about timing for events and things which do not affect them. Janice asked her father, “How long have you been seeing this lady, Marcia?” In another case, Jim who is 13 has his own cell phone but asked his mother “Just when did you get that second cell phone again?”

Money

It is  a problem when a child asks about money that doesn’t directly affect them (like an allowance.) Andrew asked his mom “What do you do with all the money you get from dad?” Sometimes, it is more direct. Maria (16) cried to her mom that her dad couldn’t afford to loan her money for a car because he gives “all his money to you for child support.” On the other side of the same coin, during a heated argument, Adam said to his father that maybe he and his mom could live “in a decent home if you weren’t so incredibly tight.”

3 Ways to Handle It

You might very well want to contact a divorce attorney or even seek divorce mediation if this has continued for quite awhile. But before you take that step, try these first.

Keep Calm

First, keep calm. Do not initially speak because the first thing that comes to mind might not be the best response. Take three deep breaths. Make sure not to respond until you feel you can do so calmly. Remember that speaking calmly is not giving in or giving up. Boundaries are more effective when we are calm and in control.

Correct the Facts in Supportive Way

It is appropriate to correct inappropriate/inaccurate facts and critical to do it showing you are working together. (If you aren’t working together, you can at least be positive about the other parent.) When Maria cries that her dad couldn’t afford to loan her money for a car because he gives “all his money to you for child support.” Mom could respond that it is important to clarify some things. First, dad works really hard to make the money to keep supporting our family. Second, she could discuss how they worked out the amount together because we love you. It is a fair amount which I use the best I can. If the parents can talk together, you might suggest meeting together with a therapist or post-divorce mediation to figure out how they can afford a car for Maria. When Adam criticizes dad about where they live because he is “so incredibly tight.” Realistically Dad should say nothing and walk away until things settle down. But when calm, he could say “Your mom and I both love you and want the best for you. We are each doing our best to support you.”

Don’t Answer

Not every question deserves an answer. Younger children can be distracted or the answer can be deflected. When six-year old Chandra asks mom what is she doing tomorrow night with “John” mom can answer “I’m not sure.” She can also let her know it is almost time for bed but they can read a book together if we “start right now.” Similarly, when asked when you got the second cell phone, you don’t have to recall that event.  Last, note that we didn’t include talking to the other parent to stop the behavior. We can’t change anyone else’s behavior so it is better to accept what we cannot change.  

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What are my options for divorce in WI?

What Are My Options for Divorce in Wisconsin?

 

If you just made the decision to divorce or legally separate, it’s normal to feel a bit lost. Family law is complicated – you could spend hundreds just picking an attorney or learning about their services. You believe should know your options before you start paying anything – with that in mind, here is a quick overview of your options for Divorce in Wisconsin

Option One: The Traditional Litigated Divorce

When most people think of divorce, they immediately think of hiring a divorce attorney. That’s not a bad idea, as attorneys can provide a wealth of knowledge and experience about the process to help you reach a better outcome. However going through a traditional litigated divorce has its downsides. It is by-far the most expensive way to get divorce – in Wisconsin, a litigated divorce costs each party $12,000. If you have kids or property, that number is even higher. Litigated divorces are often high-conflict, which can negatively impact your children and long-term relationship with your ex-spouse. However in complex divorces with numerous inter-woven issues, or when abuse or criminal matters are involved, we recommend looking for an experienced attorney to represent you. You can learn about litigation more here.

Option Two: The New Mediated Divorce

Divorce mediation isn’t actually new – it’s been around for many decades, however it’s becoming more and more popular as an alternative to a litigated divorce. There’s a lot of reasons for all the hype: Mediation costs 50% less than the average litigated divorce, and is done in a far more collaborative, low-conflict process. This makes it far better for families by reducing conflict and improving long term relations. In mediation, a couple works with an experienced, trained mediator who helps facilitate the process.

While the mediator helps share information and potential option with her legal knowledge, the participants themselves come up with the final divorce agreement – both parties must agree to it before anyone signs. The mediator also helps them draft and file all the right paperwork and complete the other details to complete your divorce. For the vast majority of divorces, we recommend trying mediation first. You can learn about mediation more here.

Option Three: The Do-It-Yourself Divorce

A lot of people ask why they can’t just manage their own divorce to save on attorney fees. In fact, some people can and do go through a divorce alone. We only recommend it in a tiny percentage of cases. The divorce process and required documentation and paperwork is extensive, and no one at the Courthouse will sit down to walk you through it. If you miss something required or even submit it late, it could affect your outcome significantly, costing you significantly. If you end up in Court, you put yourself at significant disadvantage trying to present yourself when facing an experience attorney. Unless you have legal experience, or are divorcing after a matter of weeks with no complicating issues, we don’t recommend trying to go it alone.

Now you Know – So What’s Best for You?

There are your three basic options: Litigation, mediation, or trying to handle it yourself. The choice for you depends a lot on your situation. How long have you been married? Is there a history of abuse or other criminal problems? Do you have children? Are you experienced with the law? These kinds of questions should help guide you towards one or more of these options.

If you want to talk over these options with someone, we completely understand! Give us a call at 920-885-5549 or contact us here to request a free phone consultation with one of our Attorney/Mediators. They’ll go through the options in detail and ask a few questions to see what might work best for you situation! Now that you know what you need to, you’re ready to take the next step!

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