(608)819-5890 [email protected]

John T. Fields & Associates

Madison Divorce Attorney

Locations

John T. Fields & Associates

Madison Divorce Attorney
A Pitbull for your rights

Locations

The Divorce Process

The Preparation

There are several steps that you should take to prepare for a divorce. You can access the appropriate forms here.  Keep in mind that in Wisconsin the forms can vary depending on the county where the filing takes place. It is a complicated and time-comsuming process. 

At, John T. Fields & Assocates we strongly advise that you contact an experianced divorce attorney, espically if children are involved.

Family law attorneys know how a divorce may affect a particular client based on their financial situation and they can properly handle the filing of your divorce paperwork.

After discussing your unique situation your family law attorney will know what forms should be filed and work to build a strategy that will get you the best results. 

The Hearing

A divorce can be resolved either by filing a marriage settlement agreement or by a trial. A marital settlement agreement must address all issues, such as child custody, child support, property division, alimony, etc., in a comprehensive and complete manner.

If your case requires a trial, during your divorce hearing your attorney will present evidence, documentation and testimony to the judge in the most favorable way possible for your case. Your  divorce lawyer will also attack the case presented by the other side.

It is vital that you have an experianced, agressive and prepared divorce lawyer by your side. John T. Fields and Associates can help you achieve the best results. Contact us for a free consultation. Serving Madison, Wisconsin and the surrounding area. 

The Trial

Going to trial to settle a divorce in Wisconsin is, more often than not, complicated and requires expert legal representation to win the case. The most difficult divorce trials can involve matters involving children, such as custody and child support battles.

When child custody, child placement, child support or visitation are hotly contested, a court-appointed guardian ad litem will often have to step in.

The guardian ad litem is assigned to protect a child’s interests in a Wisconsin divorce court. The guardian ad litem conducts detailed interviews with both parents to determine which parent the child should be placed with. A guardian ad litem can also help determine child support in a Madison divorce case.

Child Support

Family law is a complicated and multifaceted area of the law. Children often are strongly affected by the impact of the upheaval within the family.  Our goal is to minimize that impact. We believe in putting children and what is in their best interest first.

When dealing with divorce cases that include asking the court for child support we fight hard for to protect the best interests of the child. 

Child support amounts typically last until a child is an adult and can only be changed under very specific circumstances. Therefore, it’s important that you end up paying the right amount in child support from the very beginning.

John T. Fields & Associates bring over 25 years of experiance and knowledge to every case that we take on. You can count on us to build a strategy that will produce the best outcome.

 

Family law is a complicated and multifaceted area of the law. Children often are strongly affected by the impact of the upheaval within the family.  Our goal is to minimize that impact. We believe in putting children and what is in their best interest first.

When dealing with divorce cases that include asking the court for child support we fight hard for to protect the best interests of the child. 

Child support amounts typically last until a child is an adult and can only be changed under very specific circumstances. Therefore, it’s important that you end up paying the right amount in child support from the very beginning.

John T. Fields & Associates bring over 25 years of experiance and knowledge to every case that we take on. You can count on us to build a strategy that will produce the best outcome.

 

How is child support in Wisconsin calculated?

In Wisconsin, child support is governed by the family law courts. The courts work to ensure the safety and well-being of children after a divorce is finalized. One of thier duties is to make adecison on child support, or money paid  to the parent with primary child custody. Child support is calculated the same way in the areas that we serve. in the same way.  Use our Child Support Calculator to estimate your payments.

Enforcing court-ordered child support payments

There are child support enforcement agencies, in Wisconsin, that ensure court-ordered child support is being followed. When a non-custodial parent refuses or forgets to pay child support for any length of time, these agencies can assist. To ensure child support orders are followed, a spouse who is behind on his/her child support payments can have income taken out of their paycheck through an income withholding order. 

Changing child support orders

When a child support order requires modification it is helpful to have an experianced family law lawyer such as, John T. Fields & Associates at your side.  If a there is a change in the income of one or the other spouses or if the original order did not factor medical support into the equation, a child support order can be changed. We can evaluate your case and decide on a strategy that will get your child the support they deserve.

Child Custody

Child Custody

When you are going through a divorce or even thinking of filing for a divorce, you need to retain a smart experienced attorney who isn’t afraid to go to battle on behalf of you and your family.

John T. Fields is a Madison divorce lawyer with over 25 years of experience dealing with the complex and sensitive issues that come with every divorce case.

His goal is always to help his clients get the results they want and deserve. His strategies are aggressive, and he will fight like a pitbull for the rights of every client. He will tenaciously pursue your goals and is not afraid to do whatever it takes to help you protect your family.

With a divorce case, or any other family law issue, understanding the details of your specific case is essential to a successful case strategy.

Knowing what it means to have child custody

First and foremost, the parent with legal custody has the right to make major decisions on behalf of the child. These decisions include where to send a child to school, the child’s right to obtain a driver’s license and the ability to determine health care for the child. Nobody should go through the divorce process without understanding their legal rights as a parent. The attorneys at John T. Fields & Associates have worked on hundreds of child custody cases.

What do the courts consider in child custody cases?

Parents must understand that legal custody isn’t the same as physical custody. Physical custody determines where a child spends the majority of his or her time. Whichever parent has physical custody has the right and obligation to provide shelter for the child and usually makes routine decisions having to do with the daily responsibilities of caring for that child. Contact our office and we will answer any questions you may have concerning custody.

Visitation vs. child custody

In a child custody decision, visitation is often awarded to the parent who does not receive custody. Before granting visitation rights, courts need to make sure there is no danger with the noncustodial parent seeing the child. If there is a risk, the court may institute supervised visitation, where a supervisor or custodial parent is present while the noncustodial parent visits. Visitation schedules are set by the courts and usually give parents a chance to see their children on weekends, as well as holidays.

Contact us today for a free consultation.

Property Division

When you are going through a divorce or even thinking of filing for a divorce, you need to retain a smart experienced attorney who isn’t afraid to go to battle on behalf of you and your family.

John T. Fields is a Madison divorce lawyer with over 25 years of experience dealing with the complex and sensitive issues that come with every divorce case.

His goal is always to help his clients get the results they want and deserve. His strategies are aggressive, and he will fight like a pitbull for the rights of every client. He will tenaciously pursue your goals and is not afraid to do whatever it takes to help you protect your family.

With a divorce case, or any other family law issue, understanding the details of your specific case is essential to a successful case strategy.

When you decide to divorce your spouse you should take the time to understand how Wisconsin courts determine property division. Wisconsin has specific laws that govern how property is divided during a divorce.

Wisconsin is one of 11 states in the country that considers nearly everything in the marital state to be community property. Community property in a marriage isn’t limited to tangible objects.

In a Wisconsin divorce, it includes income, vacation homes, vehicles and other items. It even includes intangible assets that you might not guess – things like retirement accounts and investments in stocks or bonds.

How does the court divide property during a divorce?

Madison divorce courts, as well as courts throughout the state of Wisconsin look at many factors when it comes to determining property division. You may not be surprised that divorce courts consider factors like the age of both spouses, length of the marriage and physical and emotional health. Couples may sign a prenuptial agreement before their marriage that describes what property cannot be identified as marital property.

What problems can arise during property division?

When dealing with the division of assets it is vital to have an experienced attorney. The presence of hidden assets during a divorce makes things even more complicated. Deciding how to split retirement assets can also be contentious in a property division case. Most people don’t know that during a Wisconsin divorce, couples can decide to split their assets at retirement, instead of dividing their retirement account at the time of divorce.

Attacking your opponent’s case

Dishonest spouses can hide assets by stashing money in safes or other places where they believe no one can access them. In Wisconsin property division cases, some people even delay raises or bonuses until after the divorce is finalized, in order to limit what their spouse gets in a divorce settlement. Uncovering hidden assets is difficult and something that can only be done with the help of an experienced family law attorney.

Alimony

Alimony is set up to make sure both spouses avoid the negative economic effects that come from a Wisconsin divorce.

In most marriages, both spouses typically enjoy a certain standard of living that is higher than if they were both single. Wisconsin family law dictates that no spouse should be come out of a divorce in a more advantageous financial position. Alimony in a Madison divorce is also called “maintenance,” or “spousal maintenance.”

A trained divorce attorney can explain more of the legal basis behind alimony. 

How do courts determine alimony

A good divorce attorney can assertively present a client’s case in court and ensure a fair alimony settlement. The most important factor the court looks at is the length of the marriage. Most of the time, 10 years is the limit – for marriages shorter than 10 years, the court may not be likely to award alimony. If one spouse has a large amount of individual property, the court may also award alimony. Age, emotional health and education levels also come into play when for the courts.

Presenting your alimony case in court

Clients have to prepare to present their alimony case to the court in a divorce battle. To prepare, they should bring a written history detailing employment as well as educational background. Most Madison divorce attorneys also tell spouses to bring their tax returns from the marriage, as well as financial documents verifying the value of other assets like luxury items and other significant holdings.

When you need changes to your alimony order.

Under Wisconsin family law, alimony payments can only be modified if a spouse’s circumstances change significantly. One of the most common reasons for changing alimony is an increase or decrease in salary. If one partner becomes unable to pay due to financial hardship, alimony can be changed. Alimony can also be changed if an ex-spouse remarries, or moves in with someone else. 

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I went through a long and hard divorce and custody fight. John T. Fields and Assoc. really fought for me. They told me what needed to be done and when and filed everything for me in a timely matter. I couldn’t have asked for a better law office. They helped me get full placement of my daughter and still have answered any questions that I had after the divorce was finalized. Definitely recommend!

Laura M. via Yelp

When You Need a Pitbull Attorney

You need an attorney with years of experiance, the drive to win, and the compassion to protect what is most important to you. Whether it is through skilled negotiations, or a successful battle in court, we will not give up until your goals are met.

Proudly serving Southeastern Wisconsin, including Dane, Columbia, Rock, Sauk, Jefferson and Green counties.

(608)819-5890

John T. Fields & Associates

2810 Crossroads Drive, Suite 4000
Madison, WI53718

MONDAY-FRIDAY 9 A.M TO 5 P.M.
CALL TODAY 608-819-5890