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Tag Archive for: agreement modification

Divorce

Emotional issues can lead to unwise divorce settlements

Because even amicable divorces are wrought with a variety of issues, Milwaukee area couples who are soon-to-be ex-spouses often do not make wise decisions in their negotiations. The initial sensation of overwhelming emotion can be at fault during initial divorce negotiations, leading spouses to agree to terms with which they may be uncomfortable and often tend to change months or years later in agreement modification. Being aware of common mistakes that occur during divorce negotiations can help save time, money, effort and prevent frustration down the line.

Making decisions without fully understanding the implications is the number one problem. Although it is tempting to let an attorney handle everything, including financial decisions, spouses should get as much information as possible make sure they fully understand what may happen in five, 10 or more years from now. Losing control is another problem. Never let legal counsel make decisions without consultation. Acting out of anger is another hard-learned lesson. Staying away from court battles and sticking to the facts makes the process go more smoothly.

Although the divorce process is commonly called a settlement, ex-spouses shouldn’t settle for anything less than they feel they are worth. Couples need to be fair to themselves and their soon-to-be exes. Most importantly, divorcing spouses should not lose themselves. By taking a step back, planning and researching, couples can reach smart divorce decisions.

Experienced attorneys knowledgeable about Wisconsin divorce law may be able to help divorcing couples make the transition from married to single smooth in legal terms. Although ultimately no one except the individuals involved have the ultimate control on their emotions, professional divorce attorney can be expected to remain neutral and provide guidance in even the most difficult circumstances.

Source: Huffington Post, “The 5 Worst Mistakes People Make During Divorce“, Michelle Rozen, August 24, 2013

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 07:53:252016-07-11 07:53:25Emotional issues can lead to unwise divorce settlements
Child Custody

Legal custody and reaching a custody agreement

Parents in Wisconsin may have concerns and questions about child custody when separating or going through a divorce, and understanding what custody means can help when parents have issues regarding child support and decision-making abilities. Legal custody gives one or both parents the right to make major decisions about a child or children and is different from physical custody, which refers to time with each parent. Physical custody does not have to be equal, and a parent can make routine or daily decisions when having physical custody.

Parents are generally assumed to share joint legal custody after a divorce. If parents cannot agree about child custody or placement, a court may make a custody determination. Both parties must meet with a mediator at least once before asking the court to intervene. A guardian ad litem will be appointed to investigate the situation and represent a child’s best interests.

The guardian ad litem could take up to a year to investigate, and the guardian may help parents form a custody agreement that the guardian approves of. If there is no agreement, a hearing commences where a judge makes decisions after listening to evidence from the parents and guardian ad litem.

Child custody issues are important during a divorce. A court order can take time when parents cannot reach an agreement as the process might involve a custody study, guardian ad litem, social worker, mediator or child specialist. Since this process can be complicated, thorough and lengthy, the final decision is intended to last. This may make it especially important to consult with a family law attorney when needing an agreement modification, but an attorney may be able to assist with any part of the child custody process.

Source: wisbar.org, “Custody and Placement: Answering Your Legal Questions“, October 19, 2014

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 05:47:232016-07-11 05:47:23Legal custody and reaching a custody agreement

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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Magner & Hueneke, LLP

4600 W. Loomis Road, Suite 120
Greenfield, WI 53220

Phone: (414) 281-4529
Fax : (414) 282-7167


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