Family Attorney in Elkhorn, WI
Our attorneys specialize in all aspects of family law.
Divorce and Annulments
Annulment is a procedure that declares a marriage never existed and is non-existent. A divorce is the termination of a lawful marriage and reverts both parties to single status. Divorces can be more complicated than annulments; however, annulments are rarely granted.
There are no-fault and fault divorces. A no-fault divorce allows the cessation of a legal marriage in which neither party accepts blame for the split. A fault divorce is granted when one spouse can verify acceptable justification.
Grounds for a fault divorce can consist of:
- Physical/emotional assault
- Addiction to drugs, alcohol, gambling, etc.
Allocating Assets and Liabilities
Marital property comprises all the goods and financial responsibilities that were sustained during the marriage. It normally will not matter whether the asset or financial responsibility is legally owned by one spouse or both.
Marital property includes:
- Bank accounts
- Retirement accounts
- Real property
- Business interests
- Airline miles
- Credit card debt
A prenuptial agreement is a standard, modern legal step taken before marriage. It establishes the property and financial entitlement of both spouses in the instance of a divorce. Prenups are used to protect assets, businesses, circumvent taking on the other party’s debt, bring forth financial responsibilities, control how property will be passed upon death and evade long, expensive divorce quarrels.
Alimony is a monthly spousal support payment made by own spouse to another in agreement with a payment or court decision. Alimony is used to fix any biased economic effects caused by a divorce, for example, if one spouse is non-wage-earning or lower-wage-earning. Alimony is determined by the age, emotional state and financial condition of official spouses, the quality of living during marriage, the period the recipient would require becoming autonomous, the length of the marriage and the capability of the supporter spouse to support him or herself while paying alimony.
Child custody will always be pronounced dependent on the best interests of the child and sometimes these decisions are quite challenging for parents to make. The child’s best interest is decided based on the subsequent circumstances:
- The child’s age, gender
- Mental and physical well-being
- Physical and mental well-being of parents
- Lifestyle and social components
- Love and emotional ties between parent and child
- Parents’ capability to provide food, shelter, clothing and medical care
- Quality of schools in the area
- Child’s inclination if over age 12
- Skill and inclination of parent to encourage a good relationship between child and the other parent
- Environmental security
Types of custody arrangements
- Legal custody: The privilege and obligation to make choices about raising the child. This includes education, religion, medical care and punishment. When awarded joint legal custody, parents share these rights.
- Physical custody: The ability of a parent to have a child living with them. Most courts order joint physical custody, though the time-split is often different than 50/50.
- Sole custody: Sole custody settlements provide one parent with complete custody rights and permit the other only visitation rights.
- Joint custody: This custody permits parents to coordinate their schedules and share decision-making privileges.
- Bird’s nest custody: This happens when the child lives in one home and parents rotate in and out of the home and take turns taking care of the child.
Child support is an amount of money that is usually paid monthly to the partner who holds primary custody of the child. Child support is planned for basic provisions like food, housing and clothing, health insurance medical care and educational expenses. Child support is decided based on each parent’s monthly income and costs. Focused on this financial information and the sum of time each parent dedicates to the child, the court uses a formula to determine child support.
Family Law Mediation:
Family law mediation is used to clear up family disputes. With family mediation, an impartial third-party mediator encourages two parties to smooth out their disputes as they reach a decision. Family mediation can save the parties’ time and expenses linked with a trial, but the verdicts may not be legally lasting.
If you are divorcing on the account of physical or verbal maltreatment, you can shield yourself and your children with protection and restraining orders from Oleniczak Law. These orders keep you distanced from the abuser to stay protected. Though a protective order can’t fully eliminate the possibility that someone will stalk or harm you, it will allow you to call the police and have the abuser incarcerated should they violate the conclusive precedents of the order.
This normally discusses a parent’s prerogative to make decisions concerning a child’s education, health care and religion. Deliberating rights and duties can be difficult, specifically when it comes to parental liability of any malicious or criminal actions of your child. You are only accountable for your children’s actions until the age of 18.
Families come in all shapes and sizes and adoption can make yours complete. The adoption process in Wisconsin can be long, complex and legal assistance is highly recommended for both parties involved. We can help you come to the best solution, whether you’re an expecting mother thinking about adoption or a parent who has chosen adoption as an alternative.
Contact an Attorney Today:
It is best to consult with an attorney before making any life-affecting decision. Seek counsel from Olenizcak Law LLC today.
Atty Oleniczak is a member of the Walworth County Bar Association; the Racine County Bar Association and the Wisconsin Family Law Commissioners Association; and the Wisconsin State Bar
We practice in Jefferson / Waukesha / Walworth / Kenosha
Initial phone and first ½ hour in person consultation are free