Family Law Services in Delavan, WI
Although a divorce proceeding can take a strain, we, at Oleniczak Law LLC, strive to make the process as smooth as possible for you. Let our lawyers in the Delavan, WI area take charge of your divorce case, child custody or adoption matters so we can fight to give you the best results. We are confident we can deliver a desirable outcome because we’ve worked hard to earn our outstanding reputation. Consult with us about your case and see for yourself what we can accomplish together.
Let’s delve deeper into the common terms you may come across in a family law case.
Divorce vs. Annulment
While they both essentially end a marriage, an annulment asserts that a marriage was invalid to begin with and is therefore considered void. Whereas a divorce is the legal separation of a legitimate marriage. Annulments are rare and divorces are complicated because they may sometimes involve fault or no-fault litigation, which is dependent on the whether or not there is justifiable guilt. The following are causes that differentiate the two no matter the state in which it’s disputed:
- Physical or mental incapacity
- Fraudulent marriage and those prohibited by law (i.e. incest)
- Forced consent and underage marriage
- Inability to sexually establish marriage
- Substance or gambling addiction
- Physical or emotional abuse
Assets and Liabilities
In this case, assets and liabilities are considered cash, properties and/or financial responsibilities maintained in the marriage. This is regardless of whose name is officially attached to it as the proprietor. For example, assets and liabilities could be any of the following:
- Airline miles
- Bank accounts
- Retirement savings
- Business entities
- Real estate
- Credit cards
Before entering into marriage, a prenuptial agreement allocates the disbursement of property to either party involved. These are the types of subjects to be taken into account in the event of a divorce or death:
- Agreement on property allocation
- Assets and liabilities such as financial responsibilities
- Assign divorce proceeding expenses
- Business interests
- Debt assignment from one party to another
Alimony is a court-ordered arrangement for one of the spouses to receive financial support after divorce. This may occur if the spouse will be disproportionately affected by the wage difference after separation or if they were unemployed.
Child custody refers to the spouse that will receive legal guardianship or visitation rights with a child after the dissolution of a marriage. They are challenging debates because they are decided based on what is in the best interest of the child. This criterion is considered when determining what is in the child’s best interest:
- Compromise between parents to maintain a good relationship with the child
- Age, gender and emotional ties with the parent
- Physical health, financial and mental competence to provide
- Domestic security and school conditions
- Child’s preference when they’re over 12 years old
- Lifestyle and social influences
The parent who has the right and responsibility of caring for the child is considered to have legal custody. Otherwise, this is how custody is defined based on different scenarios:
- Bird’s nest custody: Although the child remains in one household, both parents take turns providing for the child and residing in the home.
- Physical custody: This means a parent has the right to have the child with them, but the time spent may not be an even for each parent.
- Joint custody: Parents adhere to a parenting time schedule which may be issued by the court. This may include where the child resides at any given time and co-parenting decisions affecting the child.
- Sole custody: The arrangement would give one parent complete physical or legal custody rights and the other parent would be allowed visitation rights only.
Whichever parent is awarded primary custody of the child after a marriage ends, may be allotted a pre-determined monthly payment for the child’s benefit. The courts may require this obligation to ensure the financial and medical needs of the child are met.
Family Law Mediation
Neutral third-party mediators hold a personal meeting between the two parties to assists them in settling disputes and reaching an agreement. The purpose of mediation is to create a non-adversarial environment in which they can compromise on issues and thus reduce stress and anxiety in their new family dynamic after divorce.
A restraining order may be considered if, for example, a spouse or child’s security is at risk, there is physical or verbal malice. The order mandates no contact and creates a parameter in which the other party is to stay clear of to guard from that type of abuse. A legally enforced protective order would allow the police to be called if the other party does not abide by the terms of the order.
A person may assume the parental responsibility of a child through adoption which would allow them the rights and responsibilities of raising that child. Unlike guardianship, this is a permanent arrangement that is legally granted by a court. Because state laws and statute dictate how an adoption can take place it is a good idea to have the help of an attorney.
For assistance in divorce, child custody or adoption cases please contact your local Delavan, WI lawyers at Oleniczak Law, LLC. Call us today at (262) 642-4368 for a free consultation. We’d be glad to advise you and provide representation in your legal matters.
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