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Answers to Questions about Divorce in Wisconsin

Are you considering a divorce and concerned about what will happen in child custody, support or property division? These are the main issues that arise that are in contention, and we offer some answers to the basic questions you may have about these crucial maters. Our Madison divorce lawyer, Attorney John T. Fields, is one of the most aggressive divorce litigators in the area, and is known as a pit bull in court. When you need a highly aggressive, experienced lawyer on your side, we are ready to hear from you and discuss your case with you. Not all divorces can be resolved through non-adversarial means, such as mediation or collaboration. In many cases, moving forward with litigation, with a carefully prepared case and talented trial lawyer fighting for you will have a better outcome. Find out more about us by contacting our firm.

FAQs

  • If I get divorced, can my spouse and I use the same attorney? +

    No. A Milwaukee divorce attorney legally and ethically may only represent one party in a divorce action. Our legal system is an adversarial system of law in that there is always considered to be two opposing sides to an issue. If one divorce attorney was allowed to represent both sides, it would be like having the same coach for both football teams in the same game. At best, he could only do one side justice and probably neither side would be well served. Divorce Lawyer Legal Representation vs. Divorce Without A Lawyer A person is allowed to represent themselves in their own legal action, so it is possible to have only one family law attorney involved in a divorce if either you or your spouse chooses to represent yourself. Keep in mind that the divorce attorney involved represents yourself. Keep in mind that the divorce attorney involved represents only the person who has retained, or hired him. It is strongly recommended when you have anything at stake in a divorce and your spouse has retained an attorney, that you should retain your own Milwaukee divorce attorney. If you do not, you will be working at a real disadvantage. Contact Milwaukee Divorce Attorneys For more information on legal representation in divorce or to schedule an appointment with an experienced Milwaukee lawyer regarding a divorce action or special circumstances that involve an annulment or legal separation, please contact our Milwaukee divorce attorneys.
  • How does the court decide who will get custody of the children? +

    One of the most difficult divorce issues arises when you and your spouse cannot agree on custody of your children. If the parties cannot decide on custody and placement arrangements then the judge will make the decision. He will award custody and primary physical placement using the "best interests" of the child or children as the legal standard. The judge will also consider the wishes of the child and parents, as well as the mental and physical health of those living in the proposed custodial household. If professionals such as social workers or psychiatrists are involved, their opinions become a factor. The judge considers the child's relationship with both parents, siblings and others who may significantly affect the child's best interests. He will also take into consideration the child's adjustment to the home, school, religion and the community, as well as the availability of child care services. Finally, the judge will consider whether one party is likely to unreasonably interfere with the child's continuing relationship with the other party. Although difficult, it is important for everyone involved to see the divorce through the child's eyes in order to understand how to best help him/her through the adjustment process.
  • What does "joint" legal custody of the child mean and how does it differ from primary physical placement? +

    Joint legal child custody means that both parties share legal custody of the child or children and that neither party's legal custody rights are superior to the other. The judge will grant joint legal custody if he feels that the parties can communicate with one another well enough to make joint decisions regarding the child's well being. If the judge feels that the parties cannot communicate with one another, then one spouse will be granted sole legal custody giving that spouse the authority to make all the major decisions regarding the child or children and the other spouse will have very little to say about it. Primary physical placement means that one parent has the right to have the child placed with them and the right to make all the routine daily decisions regarding the child. {Attorney Note: Practically speaking, primary placement is very important because the parent that has primary physical placement of the child is not only the parent the child will actually live with, but also is the parent that receives child support. For more information on child custody in Wisconsin, child custody legal advice, or to schedule an appointment with an experienced family law attorney in Milwaukee regarding child custody and relocation issues, please contact our Wisconsin divorce law firm.
  • How do I know what's the best for my case, a divorce mediator or going to trial? +

    Divorces today are more complicated than ever. Deciding whether to hire a mediator or lawyer portrays a large role in the success of your divorce battle. Our experienced Milwaukee divorce lawyers highly recommend contesting your divorce and bringing your case to trial. Legal support from the divorce attorneys at John T. Fields & Associates, LLC will fight for you and your family’s best interests. A divorce can put your future largely at stake and should not be made by a non-legal representative. Whether it’s the custody of your child or your financial security, a mediator does not have the legal grounds to back your case. Mediators may offer quicker solutions, however they do not provide the legal advice necessary for a divorce. Our Milwaukee divorce attorneys provide substantial, legal advice where a mediator can only tell you where to find additional information. John T. Fields & Associates’ experienced divorce lawyers have the knowledge in fighting for what is rightfully yours. Our qualifying legal representation offers clients unmatched, comprehensive legal support. Trust our leading divorce attorneys and win your contested courtroom battle. Contact our professional divorce attorneys today at John T. Fields & Associates, LLC for the legal representation you deserve.
  • What are grounds for divorce? +

    Grounds for a divorce are the legal reason clients file for a divorce. When thinking about filing for a divorce, you may be of the opinion you need “grounds” for the divorce or a reason for divorce. Modern divorce laws, or “no-fault” divorce laws, have eliminated the need for divorce grounds in most states. Wisconsin is a no-fault state. No- fault means neither spouse is required to prove “fault” or marital misconduct on the other. Irretrievable breakdown of the marriage is the only grounds for a divorce in Wisconsin. The primary reasoning behind no-fault divorce laws is keeping emotions out of divorce court. Our Milwaukee divorce attorneys at John T. Fields & Associates, LLC will process each case efficiently through a no-fault divorce. There are countless reasons for a divorce and every case is situational. Cruel and inhuman treatments remain leading reasons for a divorce in the United States. Acceptable differences also constitute a spouse in having the ability to arrange grounds for a divorce. Regardless of your reasons for a divorce, Wisconsin divorce attorneys will keep your best interests in mind when litigating your rights. Contact the law offices of John T. Fields & Associates, LLC today to learn more information.
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