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Divorce Tips from a Pitbull Milwaukee Divorce Lawyer

Fighting for your rights during a difficult time

FAQ: Explain The Divorce Process

In Wisconsin, it takes a minimum of 120 days from the date of service to get a divorce. This is considered a "cooling off" period which is required by law. Complicated divorces may take longer.

The Divorce Process in Wisconsin

The divorce process begins when one party files a summons and petition with the court. The person who files for divorce is called the petitioner. The other person is called the respondent. The respondent is served with the divorce paperwork and the 120 day time period begins. In the beginning, it is usually necessary to have some temporary divorce agreements on major issues; such as who has custody of the children, who stays in the house, and how much temporary support is paid, to name a few. The parties, through their divorce attorneys, should try to reach a written temporary agreement. If this is not possible, a hearing will be held in court and a court commissioner will make any necessary decisions. Any agreements or decisions made by the court are, in fact, temporary and in effect only while the divorce is pending. The ultimate outcome could be very different.

{Attorney Note: Though this phase only refers to the period when the divorce is pending, it is still very important because it sets up a status quo which is often maintained at the end of the divorce. Also, since complicated divorces can go on for some time these temporary agreements may be something that you have to live with for several months, or even longer}

After a temporary agreement has been reached, the case enters the discovery phase. In this phase, the divorce attorneys collect detailed information on debts and assets so that a settlement can be attempted. If there is a custody dispute, child support dispute, or maintenance dispute, your divorce attorney should gather all necessary information for presentation to the court so you can get the result you desire.

The family law attorneys at John T. Fields & Associates help clients facing adversarial divorces, requiring an aggressive, pit bull-style approach. We handle all aspects of divorce disputes including child custody battles, child support settlements, asset division, and other special circumstances involving divorce. We also assist clients who need representation for no-fault divorce in Wisconsin. Contact our divorce and family law firm for more information about legal representation involving divorce matters.

Milwaukee Area Office: (262) 782-8322

Madison Area Office: (608) 260-7370

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How To Choose A Divorce Attorney

Choosing the right attorney for your divorce is one of the most important parts of the divorce process. Your attorney is the person who will be your advocate to the court and the one fighting for your rights. When selecting an attorney, you want someone who will do everything they possibly can to make sure you get everything you want and need from your divorce.

When selecting a divorce attorney, you want to pick someone you can trust. You will need to share details of your personal life, such as details of your marriage and finances, with your attorney. You want to be able to trust your attorney with everything you tell them and feel comfortable when discussing these very personal matters. You also want to trust that your attorney is fighting for your best interests, and not dragging out a divorce in order to have higher billings. If children are involved in the case, you want to trust that your attorney will put the needs of your child first.

An experienced attorney is also very important. No attorney will know exactly how a divorce will go. But experienced attorneys will be able to remove some of the uncertainty by knowing the judges tendencies and how they have made decisions in the past. An experienced attorney will also be more prepared for surprises or unexpected events which may occur. Trial experience is a good thing for a divorce attorney to have, especially if it looks like it will be a contentious divorce. Not only does trial experience show the attorney is prepared to go to trial, but also can possibly help in negotiations with the other attorney.

You also want someone who has focus and expertise in the area of divorce and family law. While hiring the big name criminal defense lawyer may seem like a good idea, a lack of experience or knowledge of family law is not good. Family law and divorce cases can be very complicated and there is a lot at stake. You will want an attorney who knows the ins and outs of family law and will be by your side through the difficult time. At John T. Fields & Associates, the Milwaukee law firm with more than 25 years of practicing in family law, the attorneys are there to use their knowledge and experience of family law matters to help fight for you.

When selecting an attorney, it is important to remember that you get what you pay for. Usually, the more experienced the attorney is the more their hourly rate will be. However, often times an experienced attorney is able to get things done more quickly or efficiently, making the end costs very similar to a lower priced attorney. Settling for the cheapest attorney you can find as a way to save money is never a good idea. You want to have the best representation you can afford.

 

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Donnetta Reinhold
This is such an useful article. The internet and social media platforms are the best to find various divorce lawyers. A good divor... Read More
Friday, 16 February 2018 08:53
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FAQ: Should I Move Residence During My Divorce?

If a parent with primary physical placement proposes to move the child to a residence outside the state or within the state at a distance of 150 miles or more from the other parent, he or she must provide notice of the intent to the other parent by certified mail. The other party may object to the court or the family court commissioner. This objection must be done within 15 days of receiving notice. The court or family commissioner will then promptly refer the parents for mediation or other family court counseling services and may appoint a guardian ad litem to determine what will be in the best interests of the child or children.

{Attorney Note: Under current law, the parent with primary physical placement will usually be allowed to move.}

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FAQ: What Is A Guardian ad Litem?

A Guardian Ad Litem (GAL) is a court-appointed lawyer whose job is to serve as an advocate for the best interests of the children in a Wisconsin divorce. Either parent can request a Guardian Ad Litem be appointed, but one will be assigned if the parents cannot come to an agreement on child custody or placement either independently or with the help of a mediator. After performing an investigation called an “informal discovery,” Guardians Ad Litem will advise the judge based on a number of factors, including but not limited to: the wishes of the child, the safety and well being of the child, the strength and duration of existing relationships with grandparents or other family members, the amount of time spent with the child in the past, relocation concerns including school and child care, and the parent’s ability to cooperate and communicate with the other parent in regards to the child. For more information about how Guardians Ad Litem affect your child custody battle, call to schedule an appointment with an experienced Milwaukee area divorce lawyer at John T. Fields & Associates.

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FAQ: Types Of Divorce: The Good, The Bad, and the Ugly

No Fault Divorce State

Divorce Laws in Wisconsin stay that Wisconsin is a no fault divorce state. This means that neither party needs a reason or any grounds to get divorced. You do not have to show mental cruelty, adultery, abandonment or anything else to proceed with a divorce. In fact, these issues are legally irrelevant. As long as one party believes the marriage to be irretrievably broken, the court will grant the divorce.

The Good: Uncontested Divorce

An uncontested divorce is one in which the parties have mutually agreed on all issues.

The Bad and the Ugly: Contested Divorce

If a divorce is contested, it means that the husband and wife have not reached an agreement on all the issues involved in their divorce. Examples of issues that must be resolved by the parties and their attorneys are child custody, child support, maintenance (alimony) and property division. If an agreement cannot be reached by both parties, a judge will then make a decision on any unresolved issues.

For more information about divorce in Wisconsin or to schedule an appointment with an experienced lawyer regarding a divorce proceeding in Wisconsin, please contact the family law attorneys at John T. Fields & Associates.

Southeast Wisconsin Area Office: (262) 782-8322

Madison Area Office: (608) 260-7370

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