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Waukesha, WI Divorce Lawyer

Divorce is often extremely contentious. When children become involved in the scope of topics parents fight about, it is unfair to the child. In some divorces, child custody is a very heated matter that can be extremely difficult to reach an agreement regarding legal custody, physical custody, and a parenting plan. In some cases, an attorney is appointed to serve as a guardian ad litem, which is a third-party representative who will advocate for the child’s best interests. Many states differ on how they handle child custody, but Wisconsin’s laws are fairly straightforward.

Divorce Mediation Requirement

Wisconsin courts suggest a child custody agreement is best created when it is negotiated by both of the child’s parents. For various reasons, sometimes this is not possible, which is why Wisconsin requires divorcing parents to attend at least one session of mediation in an attempt to get them to work together for the sake of their child. If the mediator determines a decision will most likely not be reached in mediation, they can then ask the court to review the case and make a determination about child custody.

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Waukesha County divorce lawyerEven if you would rather never speak or look at your ex-spouse again, when you have children, the reality is you must. When you get a divorce, your marriage ends, but the relationship with your children does not, and you now face the unique challenge of co-parenting together.

Co-parenting can cause some uncomfortable situations for you and your ex early on, but done right, it can greatly benefit your children. It may be difficult and sometimes feel impossible, but effective co-parenting is the best thing you can do for your child after a divorce. 

Here are four ways to be a successful co-parent:

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Waukesha County divorce attorney men fathersOften, men and fathers do not take steps to protect their rights in a divorce, because they believe that women and mothers are always favored in the decisions made in family court. However, if you are a man or father going through a divorce, you should know that you have certain rights, and you do not have to let a divorce hurt your finances and your future. Here are five tips that can help you survive your divorce: 

1. Ensure Your Assets Are Protected 

Wisconsin is a community property state, meaning that property a couple acquired during their marriage is distributed equally between both spouses so that each one leaves the marriage with about the same amount of assets and debts. Although Wisconsin courts usually favor equal property division, they may deviate from it after considering several factors, such as the length of the marriage, the property each spouse brought to the marriage, and each spouse’s contributions to the marriage. By seeking experienced legal representation, you can ensure your assets are protected. 

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Waukesha, WI divorce lawyerIn addition to emotional challenges, divorce can lead to a great deal of financial difficulty. If you are going through a divorce, it’s important to be aware of some actions that could cause serious financial hardship down the road. Some of the most common financial divorce mistakes include: 

1. Disregarding Real Costs

Often, couples will consider the current value of their investments and completely forget about the real costs of liquidation. For instance, cashing out a retirement account could lead to financial penalties, and selling a property could result in capital gains taxes. Be sure to calculate the real cost of dividing an asset prior to making any decisions.

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Delafield military divorce lawyerWhile divorce is complex for all couples, this is particularly true for military couples. If you or your spouse is in the military, and you are undergoing a divorce, you should seek legal representation from a lawyer who is well-versed in military divorce. By doing so, you can avoid the following common military divorce mistakes: 

Failure to Recognize the Service Member Relief Act

Non-military spouses should realize that there is a law that may change the timeline of their divorce. The Service Member Relief Act states that a service member can be protected from divorce proceedings that arise while they are overseas. Therefore, a non-military spouse cannot begin the divorce process until their spouse returns home.

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