Family Law Services in East Troy, WI
We understand that going through a divorce is a difficult time, but it can be even more stressful when children are involved. Oleniczak Law, LLC can help with divorce, annulment, child custody or parental rights. We have an impeccable reputation as a law firm for winning cases and getting the best settlements.
Clients in East Troy, Wisconsin needing family law services can get legal counsel from our leading legal team.
How Annulment and Divorce Differ
The basic idea of an annulment is that it withdraws a marriage through a legal process and affirms that a marriage is non-existent.
A divorce is the closure of a legitimate marriage and both parties return to single status. Based on the state, divorces are an involved process, especially if custody is a factor.
Causes for annulment in every state involve:
- Forced consent
- Underage marriage
- Inefficiency to sexually ratify marriage
- Marriage prohibited by law (i.e. incest)
- Physically or mentally inadequacy
In a divorce proceeding, the two legal forms are: no-fault and fault. The no-fault option is for a case where both parties don’t take blame for the separation. The fault option is for a case in which one of the spouses can verify a justification for divorce.
Grounds for divorce in every state amount to:
- Addiction (alcohol, drugs, gambling, etc.)
- Physical or emotional malice
Designating Assets and Liabilities
Property in a marriage consists of the capital and financial responsibilities that were obtained during the marriage. Usually, it won’t matter if the asset or financial responsibility is in the name of one spouse or both spouses.
Marital property includes:
- Airline miles
- Bank accounts
- Business interests
- Credit card debt
- Physical property
- Retirement accounts
Commonly known as a prenup, a prenuptial agreement is a legal step that is taken before marriage. This step involves designating the property of both parties in the event of divorce. For example, a prenup is used to guard the following:
- Avoiding taking on the other party’s debt
- Set financial responsibilities
- Coordinate the distribution of property in the event of death
- Combat long and expensive divorce proceedings
Alimony is used as a spousal protection payment that is made by one spouse to the other. It is normally given to fix any economic unbalance that happens during/after a divorce. For example, if one spouse is a low-wage earner or non-wage earner.
Child custody is typically influenced by the best interest of the child, and this can make these types of proceedings difficult.
The best interest of the child can be determined by:
- Age, gender, physical and mental health
- Health of parents
- Lifestyle and social influences
- Emotional ties with the parent
- Parents’ ability to provide for them
- Condition of schools
- Child’s choice if they’re over the age of 12
- Encouragement of the parent to maintain a good relationship between the child and the other parent
- Environmental security
The Different Types of Custody Arrangement
Legal custody is narrowed down to the right and responsibility on raising the child. In joint legal custody, the parents will share these rights:
- Physical custody: The parent has the right to have the child with them. Courts often order joint physical custody, but the time isn’t always 50/50.
- Sole custody: One parent has complete custody rights and the other parent only has visitation rights.
- Joint custody: Parents share the decision making and they share schedules.
- Bird’s nest custody: The child remains in a single home and the parents take turns in providing for the child in and out of the home.
Child support is a determined monthly payment made to the spouse who has primary custody of the child. The court uses a formula to regulate child support.
Family Law Mediation
For family law mediation, a neutral third party assists the two parties in settling disputes so they can reach an agreement. This helps save time for the two parties in the trial.
In the case of physical or verbal malice, protective orders help guard you and your children with security and restraining orders from Oleniczak Law, LLC. The protective order allows the party to call the police if the abuser breaks the binding rules of the order.
Adoption can be a lengthy and difficult process in East Troy, Wisconsin. If you’re interested in expanding your family through adoption, Oleniczak Law, LLC can help you through the process.
Oleniczak Law, LLC offers family law services in East Troy, Wisconsin. If you need representation in divorce or child custody, call us today for a consultation.
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