Family Law Services
Experiencing divorce is a tough ordeal in itself, but it is even more stressful when children are affected. The attorney at Oleniczak Law, LLC in Eagle Wisconsin are authorities in family law, whether it’s divorce, annulment, child custody or parental rights. Oleniczak Law, LLC has a reputation for winning cases and finding the best settlements.
Our winning legal team in Eagle, Wisconsin can offer you the proceeding family law services:
What is the difference between divorce an annulment?
An annulment is a legal process that basically removes a marriage. Legally, an annulment asserts that a marriage never existed and is non-existent. A divorce is the conclusion of a valid marriage and restores both parties to single status. Contingent on the state, divorces can be more complex than annulments, particularly when also dealing with custody.
Grounds for annulment in every state encompass:
- Forced consent
- Marriage prohibited by law (incest)
- Mental or physical incapacity
- Inability to sexually validate marriage
- Underage marriage
With divorce, there are two legal forms: no-fault and fault. A no-fault option allows the cessation of a lawful marriage in which neither party takes the blame for the separation. A fault divorce is granted when one spouse can attest acceptable justification.
Reasons for a fault divorce in every state consist of:
- Physical/emotional cruelty
- Addiction to drugs, alcohol, gambling, etc.
Allocating assets and liabilities
Marital property comprises all the capital and financial responsibilities that were sustained during the marriage. It typically will not matter whether or not the asset or financial responsibility is under the name of one spouse or both.
Marital property includes:
- Bank accounts
- Retirement accounts
- Real property
- Business interests
- Airline miles
- Credit card debt
A prenuptial agreement (prenup) is a common legal step taken before marriage. It establishes the property and financial entitlement of both spouses in the event of a divorce. Prenups are used to defend assets, businesses, circumvent taking on the other party’s debt, bring forth financial responsibilities, regulate how the property will be passed upon death and avoid long, expensive divorce quarrels.
Alimony is a monthly spousal protection payment made by an own spouse to another in unity with a deal or court decision. Alimony is given to correct any discriminatory economic effects instigated by a divorce, for example, if one spouse is non-wage-earning or lower-wage-earning. Alimony is resolved by the age, mental state and financial circumstances of formal spouses, the quality of living throughout the marriage, the amount of time the recipient would need to become independent, the length of the marriage and the capability of the supported spouse to care for him or herself while paying alimony.
Child custody will always be arranged dependent on the happiness of the child and sometimes these conclusions are very difficult for parents to make.
The best of interest of a child is determined by the consecutive factors:
- The child’s age, gender, mental and physical health
- Health of parents
- Lifestyle and social influences
- Love and emotional ties between parent and child
- Parents’ capability to produce food, shelter, clothing and medical care
- Condition of schools in location
- Child’s inclination if over age 12
- Capacity and inclination of parent to encourage a good relationship between child and another parent
- Environmental security
Types of custody arrangements
Legal custody: The right and obligation to make decisions about raising the child. This involves education, religion, medical care and punishment. When given joint legal custody, parents share these rights.
- Physical custody: The right of a parent to have a child with him or her. Most courts order joint physical custody, though the time-split is often not the same as 50/50.
- Sole custody: Sole custody arrangements give one parent complete custody rights and allow the other only visitation rights.
- Joint custody: This custody allows parents to synchronize their schedules and share decision-making responsibility.
- Bird’s nest custody: This occurs when the child remains in one home and parents interchange in and out of the home and take turns providing the child.
Child support is a premeditated sum of money that is typically paid monthly to the spouse who sustains primary custody of the child. Child support is planned for basic needs like food, housing and clothing, health insurance medical care and educational expenses. Child support is chosen based on each parent’s monthly income and costs. Centered on this financial evidence and the extent of time each parent dedicates to the child, the court uses a formula to regulate child support.
Family law mediation
Family law mediation is used to settle family arguments. With family mediation, a neutral third party mediator helps two parties to reduce their disputes as they reach an agreement. Family mediation can save the parties’ time and expenditures linked with a trial, but the conclusions may not be legally lasting.
If you are divorcing on the justification of physical or verbal cruelty, you can shield yourself and your children with security and restraining orders from Oleniczak Law, LLC. These orders keep you disconnected from the abuser in order to stay out of harm’s way. Though a protective order can’t fully eradicate the possibility that someone will stalk or harm you, it will enable you to contact the police and have the abuser put in prison should they contravene the binding rules of the order.
This generally refers to a parent’s right to make decisions apropos to a child’s education, health care and religion. Deliberating rights and duties can be challenging, specifically when it comes to parental accountability of any pernicious or criminal behaviors of your child. You are only accountable for your children’s actions until they are 18.
Are you considering adoption in order to start or complete your family? The adoption process in Eagle can be long, difficult and frustrating, but an attorney from Oleniczak Law, LLC can maneuver your family through it. Whether you’re an expecting mother considering adoption or a parent who wants to adopt a child of their own, we can help ease your worries.
If you need representation for child custody or divorce, call Oleniczak 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