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Delafield spousal maintenance lawyerNot all divorces will involve spousal maintenance, also known as alimony. In the 1960s, around 25 percent of divorce cases involved an alimony award, while today that number is somewhere around 10 percent. In Wisconsin, that number is estimated to be even lower, with only an estimated 8.6 percent of divorces involving spousal maintenance. When alimony was more common in divorce cases, it was mostly awarded to women who had expected to be stay-at-home parents or homemakers for life and who would rely on alimony as their only source of income post-divorce. Today, alimony is only awarded in special circumstances. Though it is not impossible to think that you may receive spousal maintenance payments, it is rare, especially in Wisconsin.

Is a Spousal Maintenance Award Warranted?

If you end up going to court to determine whether or not spousal maintenance will be awarded, the judge will look at a variety of factors before making their decision. These factors can include:

  • The length of the marriage.

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Delafield, WI child custody lawyerIf you are getting divorced, you know the confusion and uncertainty it can bring. One of the most common questions people getting a divorce ask is, “What happens to my children?” While this is a legitimate and important question, there is no simple answer. Just because you are getting a divorce from your spouse does not mean that your--or their--relationship with your children ends. You may not be married forever, but you will be a parent for life. You and your spouse may be in agreement about the legal and physical custody of your children, or you might have different ideas of what should happen.

Resolving Custody Issues Through Mediation

Wisconsin courts strongly believe that parents should try their best to settle any custody disagreements on their own. When parents make their own decisions about custody, they are more likely to stick to their decisions. If parents are not able to come to an agreement, Wisconsin courts may require them to attend at least one session of mediation to help them resolve any outstanding issues. If the spouses are unable to reach an agreement through mediation, then the parents will need to file a parenting plan with the court within 60 days. 

Elements of Wisconsin Parenting Plans

In Wisconsin, the person who is petitioning for sole or joint custody of the child must file a parenting plan with the court. If the other parent does not also file a parenting plan within 60 days, they waive their right to object to the parenting plan. A parenting plan filed with the court should contain the following elements:

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Posted on in Divorce/Family Law

Waukesha parenting plan lawyerA document that outlines all parental duties is known as a parenting plan. When a couple with children decides to file for divorce, it is each parent’s responsibility to file a proposed parenting plan asking the court to make decisions about the legal custody and physical placement of their children. In the event that both parents completely agree on these issues, one plan may be filed, but in many cases, each parent will file their own proposed plan. Below is some more information on how parenting plans work in Wisconsin:

Who Decides On a Parenting Plan?

In the ideal situation, both parents are involved in a child’s life. However, if your divorce is the result of abuse, domestic violence, or another dangerous issue, you may prefer to handle all parental duties on your own, and you may ask the court to grant you sole custody of your children. If you do wish to share these duties, you will need to work with your ex-spouse to create a parenting plan that you both agree on.

Even though you and your child’s other parent are highly encouraged to come up with an agreed plan, any proposed parenting plan will need to be approved by the court. If your plan protects your child’s best interests, it will likely be approved by a judge. In the event that you and your child’s other parent do not create a plan or cannot agree on certain issues, the court may make decisions on your behalf.

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Waukesha divorce lawyerA divorce can significantly increase your stress levels. Along with the emotional distress that comes with ending your marriage, you are likely to face anxiety as you deal with the legal issues that must be resolved and the complications of embarking on your newly-single life. If you are going through the divorce process, it is important to take care of yourself and do whatever you can to control your stress. Here are six tips to help you manage your emotional struggles during your divorce:

1. Let Go of Negative Feelings

Although it is easier said than done, letting go of negative feelings is a must. Figure out what you are feeling and take the time to think about how you can work through your sadness, anger, or other negative emotions. By working through and letting go of negative feelings, you can make room for positive ones. 

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Waukesha, WI divorce attorneyYou cannot predict the future and determine whether your marriage will last. However, you can take certain steps to improve your marriage and reduce your risk of getting divorced. Whether you are a newlywed or have been married for decades, these seven tips can help you prevent divorce:

1. Take Care of Yourself

Meeting your own personal needs will help you be the best person you can for your partner. In order to do so, eat healthy foods and exercise regularly. You should also shower and groom yourself on a daily basis. Taking care of yourself is an easy way for you to keep the attraction alive.

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