Milwaukee Family Law Firm | Mediation & Divorce | Child Support 2025-03-31T12:48:53Z https://www.familylawwi.com/feed/atom/ WordPress On Behalf of Gagne McChrystal De Lorenzo & Burghardt https://www.familylawwi.com/?p=46994 2020-03-24T19:03:19Z 2020-03-24T19:03:19Z

With whom will your child have contact at each home?

Of the people that your child has contact with, what are their risk factors?

• Risk of infection to your child based on others’ actions in and outside the home
• Risk to others in the home if your child is infected

If your child does demonstrate signs of illness, how will you and your coparent respond?

If a coparent or others’ in the child’s home demonstrate signs of illness, how will you and your coparent respond?

How are signs of illness being measured and monitored in each home?

How will your child’s educational needs be met in each home?

Will the homes maintain the same routine during the school day?

Are any additional measures being taken to address the child’s activities in each home?

• Consider alternatives to extracurricular activities
• Consider physical activity

How will transitions occur between the homes?

How is each household discussing COVID-19 with your child? What information is being shared or omitted?

If you and your coparent are unable to reach consensus on your own, you may want to consult with your child’s pediatrician to help determine a stay healthy plan.  A pediatrician familiar with your child and your family may be able to provide neutral perspective regarding the risk factors faced by your child and other family members.  Ideally both parents would participate in this conversation so that everyone is on the same page.]]> On Behalf of Gagne McChrystal De Lorenzo & Burghardt https://www.familylawwi.com/?p=46939 2020-05-27T17:17:11Z 2020-02-21T14:25:44Z

investment and other financial accounts. They should learn about how the accounts are set up, have access to login credentials and find out about financial assets they may be entitled to. Certain accounts will need to be divided after the divorce. Both partners should be involved in decisions regarding splitting up retirement accounts and dividing taxable investment accounts, and each should be fully aware of any tax penalties that they may be subject to. While a divorce can leave a person in a financially tough situation, understanding how a divorce will impact a person can help them prepare ahead of time and avoid some fallout. Some individuals decide to speak with an attorney. In addition to answering questions regarding the divorce process, an attorney may be able to help a person file divorce papers and represent them in court if it is necessary.]]> On Behalf of Gagne McChrystal De Lorenzo & Burghardt https://www.familylawwi.com/?p=46937 2020-05-27T17:18:01Z 2020-02-03T14:21:35Z

support network from the start is especially critical if you later determine that your relationship is no longer sustainable. Do these issues apply to your situation? No two marriages are the same; however, you may find that you understand why certain issues have prompted someone you know to file for divorce because you might be experiencing similar problems in your own marriage. The following list shows reasons many Wisconsin spouses cite as deciding factors toward filing a divorce petition:

• Substance abuse problems can wreak havoc in your life. If your spouse is addicted to alcohol or drugs, it's understandable that these problems have taken a toll on your marriage.
• Other types of addiction, such as pornography or gambling, can also cause a marital relationship to crumble.
• Has your spouse cheated on you? Infidelity is one of the most common reasons people file for divorce.
• Many divorces occur because one spouse feels that the other is a control freak, trying micromanage every aspect of his or her life.
• Sadly, domestic violence is also a prevalent issue in many households. There is no excuse for physical violence in marriage and spouses who are victims of such violence are wise to seek immediate safety, shelter and support.

To say that being married to a narcissist is challenging is a grave understatement. In fact, many spouses say that such relationships caused them to question their own sanity before they ultimately made the decision to divorce. While it's true that some couples are able to seek support through licensed counseling or faith ministries in their communities to overcome their marital problems and keep their relationships intact, others decide they'd rather sever their ties than remain in unhappy marriages. Don't hesitate to ask for help Especially if you have children, if there's physical violence in your home, it is imperative to seek immediate assistance to keep you and your kids safe. If you are not in danger because of domestic violence but relate to some of the other issues mentioned earlier, you may still find it helpful to reach out for encouragement and support. Perhaps you have a friend or family member who has been through similar experiences. He or she may have sage advice to offer. It's also helpful to talk to those who are well-versed in divorce laws in this state, in case that is the ultimate route you decide to take.]]> On Behalf of Gagne McChrystal De Lorenzo & Burghardt https://www.familylawwi.com/?p=46116 2021-06-08T07:38:36Z 2019-11-18T06:00:00Z

divorce. On the other hand, those who were unhappy and doubtful as newlyweds experienced further declines in marital happiness over the following years. Socioeconomic status was not particularly correlated with marital happiness although the study did not examine sudden stresses or the effects of crisis after job loss or other severe circumstances. People decide to divorce for many reasons, ranging from differences over money and spending to conflicting visions of parenthood, infidelity or addiction. A family law attorney may work with a divorcing spouse to aim for a fair resolution of various issues, including spousal support and property division.]]> On Behalf of Gagne McChrystal De Lorenzo & Burghardt https://www.familylawwi.com/?p=46113 2021-06-08T07:38:21Z 2019-11-18T06:00:00Z

recoup monetary losses through work and savings after a later in life divorce can sometimes limits older adults' ability to rebuild retirement funds divided in a divorce. Older adults might also encounter difficulty re-entering the workforce. Expenses for young adult children in college frequently added to their financial strain as well. The researchers reported that wealth declined for older people by as much as 50% after a divorce, especially for women. Divorced women over 50 had about $50,000 or more in assets whereas divorced men in the same age group averaged $165,000 or more in total assets. Divorce also requires that people start paying for their separate households, which increases living expenses. To best head off these potential complications, an attorney can explain your rights relating to dividing property and spousal support. With the right legal representation, you can weigh all of your options to set yourself up for the best possible scenario under the law.]]> On Behalf of Gagne McChrystal De Lorenzo & Burghardt https://www.familylawwi.com/?p=46119 2021-06-08T07:39:07Z 2019-10-10T05:00:00Z

because millennials are getting married later in life than previous generations. When they tie the knot, they tend to have established careers, properties or businesses. There is more at stake for individuals in this situation than someone who is just starting out. If a divorce should happen, you will want to protect the assets you acquired before marriage. Is it possible to alter a prenuptial agreement? You might be wondering how it is possible to prepare for dividing assets when you don’t know what your life will look like should a divorce happen five, 10 or 20 years from now. Should you need to make changes, a prenup and postnuptial agreement accomplish the same goals. The difference is whether you had an attorney draft the document before or after the marriage took place. For either type of agreement to be enforceable, there must be a full financial disclosure and full understanding of the agreement at inception. Additional important points to note:

• Changing the agreement has limits. Both spouses need to be on board with a change in the document.
• Timing. If you’re contemplating divorce, then it is too late. The point of a prenup is to create preset terms that define ownership in writing to save time and distress if your relationship takes a turn for the worst.
• A prenuptial or postnuptial can be an effective estate planning tool. The agreements can address property division at death, divorce or both.

If the court deems an agreement enforceable, it is binding as to property to divide at divorce and advisory as to maintenance. As your life progresses and you and your partner increase your financial wealth, be sure to keep your legal documents up to date. Take action when major changes occur to prevent complications in the event of a divorce.]]> On Behalf of Gagne McChrystal De Lorenzo & Burghardt https://www.familylawwi.com/?p=46126 2021-06-08T07:39:11Z 2019-08-09T05:00:00Z

A family business Business interests are a common sticking point in divorce. When a couple runs their own business, there are generally three options for handling it in the divorce:

• One spouse retains the business, while the other gets another asset of equal value
• Sell the business and divide the proceeds
• Create an agreement to continue jointly operating the business

In relatively amicable splits, it is possible to have both spouses continue to participate in business operations. Where a business is particularly lucrative, this can be an attractive option. The important thing is to ensure the agreement covers what will happen in the event the arrangement breaks down. Retirement assets As we discussed in a previous post, retirement funds are a valuable asset that, to some spouses’ vexation, can be divided in a divorce. If one spouse was financially dependent on the other during the marriage, they may worry that in their retirement years they’ll be out of luck. In most cases, this is handled through a QDRO (Qualified Domestic Relations Order). A QDRO is a court order that adds another payee to a retirement account and allows funds to be taken out tax-free. Unique valuables The valuation of unique personal property is essential to ensuring assets are divided fairly. Such items might include:

• Jewelry
• Collectibles
• Artwork
• Furniture
• Electronics
• Vehicles

Engaging a professional to appraise personal property can help clear up any disputes. Other valuable assets might include trusts, bonds, stock options and other investments. To protect your interests and safeguard your future, consult with an attorney experienced in high-asset divorce.]]> On Behalf of Gagne McChrystal De Lorenzo & Burghardt https://www.familylawwi.com/?p=46123 2021-06-08T07:34:51Z 2019-08-06T05:00:00Z

Wisconsin is a community property state You may already know this, but you may not understand exactly what it means for your divorce. In a community property state such as this one, the court begins the property division process with the assumption that you and your spouse equally own everything. It is up to you to prove otherwise. Below are the most common separate assets individuals own at the time of their marriages:

• Inheritances or gifts received by one spouse during the marriage
• Assets acquired by one party prior to the marriage
• Debts acquired by one party prior to the marriage

The court may consider some assets as partially separate. For instance, if you bought a home with your spouse using separately owned funds and marital funds, only a portion of the value of the home would constitute community property. You should know that just because an asset purchased during the marriage only has your name on it does not guarantee the court will consider it separate property.   Another caveat involves any funds you commingled during the marriage. For example, if you inherited some money, then put it into a joint account and used it to renovate the marital home, some or all of that money may no longer be your property alone. If you own properties in multiple states, Wisconsin’s community property laws govern how the court will divide them. What you can do to keep your separate property Unless you entered into a prenuptial agreement or carefully made sure your separate assets remained truly separate, you could have an uphill battle on your hands proving to the court that a particular asset is separate property. Since you have a significant portfolio, the stakes are high. Fortunately, you do not have to engage in this endeavor on your own. Making use of the legal resources at your disposal could help you retain as much of your pre-marriage and marriage wealth as possible.]]> On Behalf of Gagne McChrystal De Lorenzo & Burghardt https://www.familylawwi.com/?p=46133 2021-06-08T07:34:53Z 2019-07-17T05:00:00Z

prenup is designed to reduce the expenses often associated with the end of a marriage. Predetermining asset division prior to exchanging "I dos" could also minimize emotion-fueled battles, which sometimes get fairly contentious and costly if divorcing spouses choose to dig their heels in. A prenup can also provide an incentive for soon-to-be-spouses to be upfront about their existing assets and debts prior to marriage. This step may reduce arguments should a marriage end. In general, what each spouse owned individually prior to marriage is considered separate property. The potential problem here is that documents proving who brought what assets into a marriage can be lost over the years, especially with longer marriages. But if a prenup is prepared so that it includes copies of such documents, there may be less confusion should a couple decide to call it quits in the future. Another option for couples preferring to err on the side of caution with a prenup is to do annual disclosures of assets to ensure financial details remain up to date. It's important to note that a prenuptial agreement may be voided if the terms are unfair. A family law attorney may be able to minimize such issues for a client by reviewing how it is worded before it is signed by both parties.]]> On Behalf of Gagne McChrystal De Lorenzo & Burghardt https://www.familylawwi.com/?p=46129 2021-06-08T07:35:14Z 2019-07-05T05:00:00Z

job loss during a divorce based on why a spouse is no longer working. If a higher-earning spouse loses their job due to company-wide layoffs, for instance, a judge is more likely to make appropriate income adjustments. But if a spouse was fired because of their actions, the court will likely expect them to still meet their divorce-related financial obligations. However, if an unemployed spouse is honestly unable to provide support until they regain employment, this fact may be addressed in the divorce agreement. For example, the agreement may state that a certain percentage of a paying spouse's income will go towards support obligations once they start working again. On the other hand, if a lower-earning spouse has lost their job, the higher-earner may be required to pay more until their former spouse is re-employed. In both of these instances, a sliding scale or formula may be used to ensure that a paying spouse isn't unfairly burdened. An unemployed spouse may also be advised to keep records of job-search efforts in case the court requests them. Judges tend to look unfavorably at situations where an unemployed spouse purposely accepts a lower-earning job or uses their time between jobs to go back to school. A divorce attorney might provide the right type of guidance for a divorcing spouse looking to avoid such missteps as they seek new employment while ending a marriage. When it's the other spouse who is unemployed, a lawyer may use the discovery process to better understand the circumstances and determine how to proceed with negotiations.]]>