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Divorce

Why some couples get a divorce

Many Wisconsin couples have considered ending their marriages. In some cases, trying to work things out and staying together makes sense. In others, divorcing may be the best course of action to take. People who are thinking about divorcing their spouses should think through reasons why they might want to stay together and reasons why they may want to proceed with the split.

Parents of younger children may want to try to stay together . If their relationships can be mended and they can be healthy, staying together can provide good examples for their offspring. People may also want to stay together if they simply can’t afford to live apart on their own. Other reasons to stay together include possible health consequences or if the people have the possibility to rekindle the feelings they once had for each other.

If a spouse is abusive, a divorce should happen. Family violence is a pattern that rarely stops. Other reasons for divorce include if a spouse mistreats the children or if the spouse has addiction issues for which he or she will not get help. Infidelity is a reason for divorce for some people but not for others. If a person simply cannot move past his or her partner’s infidelity, then divorce may be the best option.

Couples who have thought through the reasons for and against divorcing and who have decided that ending their marriage is the best choice for them may want to talk to their respective family law attorneys. In some cases, an attorney can assist a client in negotiating a comprehensive settlement agreement without having to argue each particular divorce legal issue in front of a judge.

https://www.mhslaw.net/wp-content/uploads/2021/10/Magner-Hueneke.jpg 0 0 Neil Magner https://www.mhslaw.net/wp-content/uploads/2021/10/Magner-Hueneke.jpg Neil Magner2016-07-11 06:36:582016-07-11 06:36:58Why some couples get a divorce
Divorce

The dangers of social media for people getting a divorce

Divorces can sometimes be contentious affairs because they are so emotional, and people often have feelings of hurt and resentment. In some ways, access to social media can make this worse. Wisconsin couples who are ending their marriages may be tempted to air their grievances on Facebook, but this could prove to be a serious mistake.

Additionally, people may struggle with their divorce if they see all of the other social media posts of happily married friends and family. No one’s life is perfect, but many are able to give the impression of an idyllic existence by the way they manage their social media accounts. It is easy for people who are going through a divorce to become depressed when comparing their lives to the filtered lives of others.

Social media can also affect the outcomes of a divorce because posts can sometimes be used in a courtroom. People posting pictures of fancy vacations may not be looked at favorably by a judge when they are also claiming to be unable to afford spousal support. Images of parents drinking or partying may be used against them in a custody battle. Therefore, it is essential that people are careful about what they share on Facebook and other sites.

Social media posts can even affect how things like property division is ordered. This is because judges often have leeway in determining these matters, and the arguments made in a courtroom may sway a ruling. Family law attorneys will often advise their clients to be discreet and not let their emotions get in the way of making sound decisions.

https://www.mhslaw.net/wp-content/uploads/2021/10/Magner-Hueneke.jpg 0 0 Neil Magner https://www.mhslaw.net/wp-content/uploads/2021/10/Magner-Hueneke.jpg Neil Magner2016-07-11 06:36:282016-07-11 06:36:28The dangers of social media for people getting a divorce
Divorce

Supporting a child after divorce

As many Wisconsin parents have found, the payment of child support can become an issue at times. This might be true both for divorced couples and those who were never married. Support for a child is usually based upon state guidelines that take parental income and other factors into account. However, both parents are obligated to support a child until the age of 18 or until that child has been emancipated.

In the case of an unmarried couple, courts will not order support for the child without proof of paternity. Some fathers are willing to do this voluntarily. In other cases, a DNA test may be required.

For a parent who is paying support, falling behind in the payments may have serious consequences. This might include garnishment of a tax refund or wages, a property lien, suspension of his or her driver’s license and negative impact on a credit score. In addition, in some situations, when a parent does not pay support for the child, it may result in criminal prosecution with resulting fines or jail.

The financial situation of a paying parent may change for the worse in the event of a medical emergency or an unexpected layoff. This situation should be addressed as quickly as possible. The procedure for obtaining a modification of an existing child support order involves filing a motion with the court having jurisdiction and then appearing at a subsequent hearing. Those who need to do so should bring as much documentation as possible regarding the financial downturn to court with them. Attorneys will remind their clients that even if a modification is granted, it will have no effect on any payments that are in arrears.

https://www.mhslaw.net/wp-content/uploads/2021/10/Magner-Hueneke.jpg 0 0 Neil Magner https://www.mhslaw.net/wp-content/uploads/2021/10/Magner-Hueneke.jpg Neil Magner2016-07-11 06:35:562016-07-11 06:35:56Supporting a child after divorce
Divorce

Actress Kaley Cuoco’s divorce agreement

Wisconsin fans of the hit television show “The Big Bang Theory” may have heard that one of its stars, actress Kaley Cuoco, and her former husband were officially divorced as of May 6. They were together for about two years.

Cuoco and her former husband, tennis star Ryan Sweeting, were married on Dec. 31, 2013, just three months after they started dating. They announced that they were getting a divorce in late September 2015. Cuoco was reported to be in a relationship with an equestrian while Sweeting is listed as “retired” from tennis.

They negotiated their divorce agreement for about nine months. According to court documents, Cuoco is required to pay her former husband $165,000 in two installments. Additionally, she is required to pay his attorney fees and another $10,000 legal bill that was owed by her former husband. However, she will not be required to make any additional spousal payments. It is believed that a valid prenuptial agreement dictated much of the terms, and it ended up saving Cuoco quite a bit of money.

Most couples who are facing the end of a marriage are not as well known or as well off as celebrities. However, they likely face some of the same issues, including property division and alimony. If there is not an existing and valid prenuptial agreement covering these matters, these decisions will be made by a judge unless the estranged spouses and their respective family law attorneys can negotiate a settlement agreement. This can often produce a result that satisfies each party as opposed to a judge’s decision that leaves both unhappy.

Source: Refinery 29, “This Is How Much Kaley Cuoco Will Have To Pay Ryan Sweeting“, Morgan Baila, May 9, 2016

Source: Refinery 29, “Kaley Cuoco and Ryan Sweeting are Getting Divorced” Lauren Le Vine, Sept. 25, 2015

https://www.mhslaw.net/wp-content/uploads/2021/10/Magner-Hueneke.jpg 0 0 Neil Magner https://www.mhslaw.net/wp-content/uploads/2021/10/Magner-Hueneke.jpg Neil Magner2016-07-11 06:35:232016-07-11 06:35:23Actress Kaley Cuoco’s divorce agreement
Divorce

Keeping the split amicable for the child’s sake

In most cases, divorcing Wisconsin parents who have young children will be dealing with one another for quite some time after their marriage ends. Even after their children are grown, they will likely attend functions to celebrate milestones their children reach throughout their lives.

While marriages sometimes end, parenting relationships do not. During a divorce, some people get wrapped up in the emotional conflicts they have with each other. Most children do much better emotionally and socially when their parents are able to get along well even though they are no longer together. Having an amicable divorce and planning ahead can help children to be happier and better adjusted.

Parents should take the time to examine the relationship they currently have with each other and think about ways in which they can improve the ways in which they communicate. This may involve making changes regarding the frequency of their contact and the tone of the communication they do have. They should actively avoid fighting in front of their child, involving the child in disputes or saying negative things about each other to or in front of the child.

When a couple has children, their divorce will involve a lot more than resolving disputes over their property division. Unless the parents can otherwise agree, child custody and visitation decisions will be made by the court. If parents are able to step back from the bitterness they may feel and put it behind them, they may be happier in the long run. They also may be happier if they can come to a decision on custody and visitation with the help of their respective family law attorneys rather than having the court dictate the terms.

https://www.mhslaw.net/wp-content/uploads/2021/10/Magner-Hueneke.jpg 0 0 Neil Magner https://www.mhslaw.net/wp-content/uploads/2021/10/Magner-Hueneke.jpg Neil Magner2016-07-11 06:34:502016-07-11 06:34:50Keeping the split amicable for the child’s sake
Divorce

Divorce on the rise among older couples

Wisconsin residents who are getting on in years may be more likely to get a divorce than previous generations. Statistics show that while overall the divorce rate in the United States is dropping, half of all marriages end in divorce, and the reason that number remains high is because of divorce among baby boomers.

Experts speculate that both longer lifespans and women’s financial independence are among the factors that have lead to a divorce rate among 55-to-64-year-olds that more than doubled between 1990 and 2012. For people 65 and over, the divorce rate tripled during that period.

Among younger generations, people are waiting longer to marry or not marrying at all. From the 1940s through the 1970s, the average age of marriage for women was around 20, but it has now risen to about 27. Younger generations are also more likely to forgo marriage altogether in favor of living together although those relationships are less likely to last than marriages. People are also less likely to remarry after a divorce compared to the past.

What all this means for the stability of millennial marriages remains to be seen. The median amount of time for a first marriage to last is 12 years. However, first marriages are more likely to last than subsequent ones.

As these figures demonstrate, many people will make the decision to divorce. Ending a marriage can be difficult, but it can also mean a fresh start although it may involve some financial worries. Older people in particular may be concerned about their financial security and protecting their retirement accounts. Younger people may have to make decisions about child custody. An attorney might be helpful in discussing these issues as well as spousal support and property division.

https://www.mhslaw.net/wp-content/uploads/2021/10/Magner-Hueneke.jpg 0 0 Neil Magner https://www.mhslaw.net/wp-content/uploads/2021/10/Magner-Hueneke.jpg Neil Magner2016-07-11 06:34:172016-07-11 06:34:17Divorce on the rise among older couples
Divorce

The importance of financial planning during marriage

It is very important that Wisconsin couples make certain that they plan financially when they are married. Making certain to save and to learn good financial decision-making skills can help people to be able to survive even if their marriages later come to an end.

One issue that frequently happens is when one spouse takes on all of the financial duties of the marriage. While that person may learn to budget, pay bills on time and keep the debt in check, the other person may simply not learn those skills. If the person who didn’t learn how to take care of themselves financially gets divorced, he or she may be in real financial trouble later on.

It is a good idea for both spouses to make certain they are fully informed about the finances of their marriages. Each spouse should also try to make the maximum contributions to their retirement plans, increasing their contribution amounts as their incomes also increase. Learning how to take care of financial decisions and building a comfortable nest egg can be very helpful later on whether the couple remains together or ends up divorcing.

Property division in a divorce may be quite complex, especially if the marriage has lasted for multiple years, and the couple has accumulated both assets and debts. Wisconsin is a community property state, which means that a divorce court will divide marital assets and debts equally between the estranged spouses unless the parties are able to agree otherwise. In many cases, their respective attorneys are able to negotiate a settlement agreement that their clients are happier with. Negotiations can usually be accomplished in less time than litigating the issue would take as well.

https://www.mhslaw.net/wp-content/uploads/2021/10/Magner-Hueneke.jpg 0 0 Neil Magner https://www.mhslaw.net/wp-content/uploads/2021/10/Magner-Hueneke.jpg Neil Magner2016-07-11 06:33:472016-07-11 06:33:47The importance of financial planning during marriage
Divorce

Social media blunders in divorce cases

Divorcing spouses in Wisconsin may wish to think carefully before sending an email message or making a social media post that contradicts what they have said in court or during property division or child custody negotiations. Family law attorneys once had to rely on experts like forensic accountants and private investigators to uncover concealed assets or infidelity. However, many are now able to get all of the evidence they need by simply spending a few minutes online.

Negotiations over alimony and child support can be particularly contentious, and divorcing spouses may claim that they just do not have the funds to pay what is being asked of them. Such pleas of financial hardship are likely to ring hollow if the spouse concerned has posted photographs on social media depicting extravagant new purchases or lavish vacations. Having accounts on dating websites could also cause problems for spouses who have denied allegations of infidelity.

While many spouses understand that what they post on Facebook may be there for all the world to see, they often believe that their email correspondence is private and secure. Attorneys can actually subpoena this information and even use it in court if it benefits their clients. While deleting emails and online posts may seem like a prudent step to take for those wishing to avoid embarrassment, even deleted data can sometimes be recovered.

Family law attorneys will likely understand the damage that ill-advised online posts can do, and they may urge their clients to ensure that social media profiles and emails match what they are saying during divorce negotiations. Attorneys may also scrutinize the social media profiles of the friends and associates of spouses for compromising photographs or other information that could be used in court.

https://www.mhslaw.net/wp-content/uploads/2021/10/Magner-Hueneke.jpg 0 0 Neil Magner https://www.mhslaw.net/wp-content/uploads/2021/10/Magner-Hueneke.jpg Neil Magner2016-07-11 06:33:152016-07-11 06:33:15Social media blunders in divorce cases
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Categories

  • Alimony (15)
  • Child Custody (74)
  • Child Support (36)
  • Divorce (148)
  • Domestic Violence (19)
  • Family Law (25)
  • Post Judgement Modifications (1)
  • Property Division (24)

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Greenfield, WI 53220

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For strong legal representation in divorce, estate planning, personal injury or any other legal matter, contact our law firm. We are dedicated to representing the interests of clients in Milwaukee County, Waukesha County, Racine County and surrounding areas. If Magner & Hueneke can assist you, please feel free to contact us online. We look forward to hearing from you.

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