Pet custody issues in a divorce

For many Wisconsin couples, pets are part of the family. When a divorce happens, the couple may see the pets as family members that should be subject to custody agreements. However, the law sees pets as property rather than as members of the family, like children. Therefore, different rules apply to pet ownership after divorce than are used to determine child custody.

The determination of the post-divorce ownership of a couple’s pets is normally seen by courts as part of the property division process. In most cases, a court will only award pets to one spouse or another. Having the pets travel weekly from one home to another, as children often do under custody agreements, is not usually an option. Instead, the court will have to decide, in the absence of an agreement, which partner retains ownership of the pet.

Before the court makes this decision, the judge will consider the circumstances in which the pet came to be owned by the couple. This can be important if one of the spouses owned the pet prior to the marriage, as state laws usually provide that any property belonging to one spouse before the marriage is considered to be separately owned and therefore not subject to division.

While most judges will adhere to the property division approach when dealing with pet ownership, courts in some jurisdictions have begun to consider the best interests of the pet and the wishes of the owners in making a decision on these matters. For those who are facing these and other divorce legal issues, the advice of a family law attorney is often valuable.

Social media contributing factor to divorce

Social media serves many purposes, including communication, staying informed or just following the activities of friends and relatives. However, for some Wisconsin couples, social media may be hazardous to their marriage.

In a study in Great Britain, one in seven people reported considering divorce because of their spouses’ activity on social media sites such as Facebook, Twitter or Skype. A fourth of the respondents reported that they fought with their spouses at least once per week over the use of social media, and almost a fifth reported such fights on a daily basis.

Social media has contributed to divorce in another way as well. In a U.S. study, 81 percent of divorce attorneys reported using social network sites as a source of evidence in divorce cases. Two-thirds of the attorneys admitted finding evidence for a divorce case on Facebook, the social media site most frequently cited as a source of evidence.

Many married people use social media on a daily basis with no idea of the double threat that their use may create. Fights about social media use may lead to bigger fights and ultimately to divorce. During the divorce process, status updates, location check-ins and photos on social media may provide valuable evidence to the attorney for the other spouse. Married individuals may want to limit their social media use to an amount or nature that does not become a frequent source of marital tension. An individual who is contemplating divorce for any reason may want to consult a divorce attorney regarding potential evidence that may be gleaned from his or her spouse’s social media accounts as well as potentially negative evidence that may be revealed by his or her own use of social media.

Protecting assets without a prenuptial agreement

When Minnesota couples divorce, their property will either be deemed as marital property or as that which is separately owned. All marital property is subject to division between the spouses, while separate property is not divisible.

The best way in which people can protect their separate assets is by using a prenuptial agreement. If getting an agreement is not possible, there are ways in which people may still protect those assets, however. When people marry, many have bank accounts with money already in them. If they add their spouse’s name to the account, those funds may lose their exclusion as separate property.

Inheritances and gifts are generally considered to be the separate property of the person who receives them, whether they receive them prior to or after the marriage. If the recipient deposits the proceeds into a joint bank account, however, they have commingled the assets and the entire amount may be divided by the court. It is best if people instead open a separate account and deposit those proceeds in that account.

If a person owns a home prior to marriage, they should avoid putting their spouse’s name on the title. They should also avoid using marital funds for the property’s upkeep and mortgage payments, instead using their own separate funds. Finally, it’s a good idea to get a business valuation prior to the marriage, and then another at the time of a divorce in order to limit the spouse’s ability to claim a greater portion of any increase in the company’s worth. People who are planning to marry may want to meet with a family law attorney for guidance on how to best protect their assets. An attorney may be able to negotiate with the other party to secure a prenuptial agreement.

Common divorce mistakes that should be avoided

For Wisconsin couples who are going through a divorce, protecting their finances may not always be a top priority. However, when emotions are running high, it is easy to make costly mistakes that have severe financial costs for one or both parties for years to come. One of the most common mistakes people make during a divorce is being unaware of their financial situation. From basic household operations to larger assets such as 401(k) plans and IRAs, it is essential to have a good understanding of which assets are available for division.

A forensic accountant can provide an independent examination of the couple’s financial marital assets, making it possible to negotiate effectively. An accountant can also look at tax history and can potentially uncover assets being hidden by one spouse. Another major mistake is to not seek the guidance of an attorney. Because of rules dealing with conflicts of interest, each spouse is advised to have separate legal representation.

One of the most expensive mistakes many divorcing spouses often make is agreeing to negotiations or concessions without having them entered into the divorce decree. Having a written record of all financial agreements not only provides clarity but helps the court enforce the arrangements that were made should a dispute subsequently arise.

A variety of legal issues are often present when people decide to end a marriage. Property division is often a contentious matter, but spousal support and, in the case of divorcing parents, child custody and visitation are often difficult to resolve. In some cases, a family law attorney can assist a spouse in attempting to negotiate a comprehensive settlement agreement that incorporates these topics and which can be presented to the court for its approval.

Jennifer Garner and Ben Affleck divorce after 10 years, 1 day

Wisconsin residents have likely heard about the high-profile divorce of 42-year-old actor Ben Affleck and 43-year-old actress Jennifer Garner. After exactly 10 years and one day of marriage, the couple decided to call it quits. Many believe that the date that was ultimately chosen was not a coincidence.

Although Garner and Affleck have been separated for months, they waited until after their 10-year anniversary to file for divorce. That decision may have been influenced by a law in California that states that any marriage lasting longer than 10 years is a long-term marriage. A lesser-earning spouse who is divorcing after 10 years of marriage may petition for a greater amount of spousal support than a spouse who was in a marriage of a shorter duration.

If Garner and Affleck had a prenuptial agreement in place, California’s divorce law may not have played a role in the date of their divorce filing. However, prenuptial agreements sometimes contain clauses that relate to the reaching of certain milestones. For example, a prenuptial agreement could say that the lower-earning spouse will receive a monetary benefit from the higher-earning spouse if they divorce after 10 years of marriage. Some of these types of agreements specify that the higher-earning spouse will provide the lower-earning spouse with a certain amount of money for each year of marriage.

When a divorce is imminent, a spouse might want to speak with an attorney about the best time to file divorce paperwork. If state laws or prenuptial agreement clauses come into play, a family law attorney may advise a spouse as to the most appropriate time to file.

Common mistakes made in Wisconsin divorces

There are no doubt many Wisconsin couples who have gone through a divorce and later regretted how they handled things. This is not a surprising sentiment since ending a marriage can often be an emotional process, and many individuals are feeling both antagonistic and hurt. However, there are a few common pitfalls to avoid that can make the process easier and provide better results.

One common error is to try to rush through a financial investigation. What a couple owes and owns and how these are split up can have a huge impact on someone’s life for years to come. It is essential to spend time, even if it seems boring and tedious, to collect financial information to get an accurate picture of a couple’s assets.

Another frequent mistake that people make is picking and choosing the wrong battle. Many estranged spouses will spend an exorbitant amount of time and money on getting a few extra dollars of child support, for example, but the child is nearing emancipation and the additional support will end up being less than the expense.

While the view of divorce as portrayed in movies and on television often involves couples sparring in a courtroom, litigation is not the only way to end a marriage. Alternative dispute resolution methods such as mediation may be better suited for a couple that can communicate on some issues, and in many cases it will be less time-consuming and cost less money.

Understanding the legal processes associated with the end of a marriage and how issues are decided can help people avoid common mistakes. A family law attorney can assist a client who is contemplating a divorce by explaining the various legal issues that are likely to be involved.

Meeting with an attorney to discuss a divorce

Wisconsin residents who are thinking about pursuing a divorce are sometimes reluctant to take the first step. Making an appointment with an attorney to discuss a divorce may feel like crossing a line, but knowing what to expect can often calm these anxieties. An initial divorce consultation with a family law attorney involves learning about the various legal options available and getting a better understanding of what will happen if the decision to proceed is made.

While spouses will rarely be expected to make final decisions during an initial consultation, they should still make some preparations. Attorneys will be able to give more complete advice when they are familiar with details such as the incomes of both spouses, the amount of money in bank, retirement accounts and the clauses of prenuptial agreements. Attorneys could use this information to explain how Wisconsin’s property division laws will be applied and provide advice about possible spousal support.

Attorneys may also go over a number of alternatives to a traditional divorce. Alternative approaches to settling legal disputes include mediation and collaborative law, and these may be attractive options to spouses who wish to avoid confrontation or feel that an amicable settlement can be reached. Family law attorneys could also discuss the steps involved in pursuing these strategies. Additionally, the consultation will likely include a discussion about child custody and visitation arrangements.

Going through a divorce can be difficult and emotionally challenging, and it is important for spouses to find an attorney whom they feel comfortable discussing delicate subjects with. Negotiations over property division, spousal support and child custody may sometimes become contentious, but having an agreed-upon strategy and clear goals could make it easier to reach a compromise and avoid the uncertainty of going to court.

Research about which spouse ends relationships more often

A recent study conducted by a sociologist at Stanford University confirmed earlier findings that wives in heterosexual marriages in Wisconsin as well as other states were more likely to be the ones to ask for a divorce. However, this research also uncovered a surprising fact. With unmarried heterosexual couples, men and women were each equally as likely to initiate a breakup of their relatioship.

This study found that in 69 percent of cases where the married couple ultimately ended the relationship, the wife was the one who decided to initiate the divorce. Previous to this research, social scientists had assumed women were more likely to end relationships because they are more sensitive to the highs and lows of romantic relationships. According to the findings of this study, which included 2,262 adults, the reasons relationships end seem to be much more complicated.

The findings suggest that the institution of marriage has not yet let go of traditional gender roles. Gender equality is recognized in many aspects of society yet wives still often take their husbands’ surnames and husbands tend to expect them to assume the bulk of the child care and housework duties. In non-traditional relationships, where women and men share responsibilities, this particular conflict might not exist.

Married people who choose to end their relationship typically work with separate attorneys to ensure their assets are divided equitably. An attorney who has experience with divorce legal issues might give a client advice to help identify all of the marital assets so they can be documented in a property division settlement agreement.

How to discuss financial matters prior to a wedding

A prenuptial agreement may streamline the process of dividing property in the event of a divorce. However, Wisconsin couples may wish to have a conversation about their finances and come to certain monetary arrangements even if they don’t create a formal agreement. For instance, each party should discuss their financial past, their current financial situation and what their future financial goals are.

This allows the couple to get an accurate picture of their current debts, income and assets prior to getting married. Having a clear picture now makes it easier to determine who will be responsible for paying joint debts and whether either side will need or receive help paying their own debts. A conversation such as this one should also focus on whether either side has reservations about relocating for work or when it may be a good idea to buy a home or make other large purchases.

Each party should agree that they will not spend, lend or borrow large sums of money without the other person’s knowledge and consent. This enables each person to be a part of the decision making process and come to a consensus as to what is best for the family as a whole. It may be one of the most significant ways that a couple can demonstrate their commitment to each other.

Matters such as property division may be resolved faster when there are no hidden assets or disputes as to how much a business or other intangible good may be worth. The existence of a valid prenuptial agreement can ease the process as well. Those who are considering entering into one should obtain the advice of an attorney to ensure that it does not contain any invalid provisions.

Why a prenuptial agreement may be a good idea

Wisconsin residents who are contemplating marriage or remarriage may be in a quandary over whether or not to ask for a prenuptial before the wedding. Because a prenuptial lists assets already attained by each individual, it may be a good idea even if you live in a community property state such as Wisconsin.

There are various aspects of a prenuptial agreement that are beneficial. Your individual property is protected and, if one individual stands to receive an inheritance, that may be added to a prenuptial. Defining common and individual assets may prevent problems in the future. Because this is not the first marriage for all couples, those who have been divorced may wish to make an arrangement to provide for children or grandchildren from the previous marriage from the estate, and this may be accomplished through the use of a prenuptial agreement.

Protecting assets in the event of divorce may be particularly important if one individual comes to the marriage with considerably more assets. Starting a marriage with financial openness allows both partners to know the entirety of assets, income and debts that each one holds. This may be an important consideration when planning financial matters in the future and for estate planning.

Additionally, having a prenuptial is an opportunity for both partners to clarify which marriage partner will be handling financial affairs, including investments and business. A plan for the future from the beginning helps to avoid conflict and gives a couple the security of knowing that they are working as a team to build a future.

Consulting with an attorney who might help structure an agreement is beneficial. The attorney may lend insight into the various items that could be added to a prenuptial agreement and make sure it would stand the test of time.