Tag Archive for: dispute

Infidelity and divorce

Allegations of infidelity have sounded the death knell for many Wisconsin marriages. While some spouses may be willing to forgive an indiscretion, others are unable to move beyond the negative emotions and hurt caused by a spouse’s unfaithful behavior. In those cases, divorce may be the only option. However, infidelity may not play any role in a divorce proceeding depending upon state law.

Many states have no-fault divorce laws, and a spouse who is seeking a divorce need not prove that the other spouse did anything wrong to cause the marriage to end. In most such states the court will not consider a history of infidelity or other bad behavior by one or both spouses in determining issues such as property division, child support or alimony.

In many no-fault states the court will base child support on statutory guidelines that consider the parties’ incomes and the children’s physical placement, not who was to blame for the marriage’s demise. In determining whether to award spousal support, the court will look at factors such as the length of the marriage and earning capacity of the parties, not whether one party was unfaithful. However, if a spouse’s bad behavior affects or endangers the well-being of the children, the court may factor it into its consideration of a child custody dispute.

Someone contemplating a divorce may wish to speak with an attorney that is experienced in family law matters. The attorney may be able to negotiate and prepare agreements relating to such matters as property division and spousal support. If there are children from the marriage, the attorney may be able to provide advice and counsel on such issues as child support and visitation rights.

Source: HuffingtonPost, “A Cheating Heart and Its Role in Divorce“, Caroline Choi, October 01, 2013

Prenups becoming more popular

According to U.S. census data, as many as 50 percent of marriages end in divorce. An increasing number of couples in Wisconsin and across the country are turning to prenuptial agreements as a way to resolve issues ahead of time should their marriages end in a divorce.

The American Academy of Matrimonial Lawyers reports that more than 60 percent of divorce attorneys who responded said that they have seen an increase in prenuptial agreements during the last three years. Additionally, 46 percent of these attorneys said that they have seen a significant increase in women requesting these types of agreements. Historically, men were more likely to be the ones requesting these agreements as they tended to have more assets to protect. However, as an increasing number of women enter the workforce they have more property than before. Additionally, people are likely to be more aware of the financial complications of death and divorce, making them more likely to enter into these agreements.

The three primary reasons that individuals enter into prenuptial agreements are the protection of separate property, spousal maintenance and property division. Many advisers recommend talking about a prenuptial agreement early in the relationship rather than bringing up the idea right before the wedding. It is suggested that couples discuss whether they will maintain joint or separate bank accounts, how expenses will be divided and paid for and who will stay in the marital home in the event of a divorce.

Couples going through a divorce often have disputes about the valuation or ownership of assets that may hinder reaching a property division settlement. A prenuptial agreement may be a possible way to help resolve this type of issue in advance.

Source: Pittsburgh Post-Gazette, “More couples saying ‘I do’ to prenups“, Time Grant, October 31, 2013

Rise in disputes over pet ownership in divorces

Wisconsin residents may be interested in an article discussing the rise in a certain type of custody battle during divorces. Attorneys are noticing that couples are fighting over who gets to keep the pets more and more.

In a recent survey of family law attorneys, 27 percent stated that they have seen an increase in the number of couples who are battling over ownership of pets during a divorce. Under the law, courts regard a pet as an item of personal property. In that way, pets are no different than other pieces of property, such as furniture and jewelry. Most often it is a dog that is at issue in the split, comprising 88 percent of animal disputes. The second most frequent animals fought over in divorces are cats, at merely five percent, followed by horses and “other.”

In some cases, ownership of the pet is used as a hardball negotiating tactic during divorce proceedings. Due to the emotional attachment that many owners have to their pets, this makes dealing with pet custody more akin to child custody than property ownership. Upkeep costs are also similar, as pets often have expenses associated with their care. As with child custody issues, it is probably best for couples to deal with who retains ownership of the pet on their own, rather than leaving it up to a judge.

Even though courts are becoming more accepting of pets as assets in property division during divorce, it can be helpful to negotiate an agreement regarding future ownership outside of a judge’s chambers. An attorney who is experienced in a property division issues may be helpful in negotiating a fair custody agreement for pets and other marital assets.

Source: Mainstreet, “Pet Custody Battles on the Rise in Divorce Court”, Juliette Fairley , February 21, 2014

Divorce settlement conditions may be prudent

A recent divorce settlement dispute may be instructive for Wisconsin residents. A father of two emancipated children divorced, and the father’s relationship with the daughter had become strained. She had graduated from Rutgers University and been accepted at Cornell Law School. The father had agreed to a divorce settlement that required him to pay 50 percent of his daughter’s postgraduate education. The cost of Cornell was $74,580 per year for room and board, tuition, books and fees.

The father objected, arguing in court that he should not be obligated to pay citing personal financial difficulties, the availability of less expensive schools, his poor relationship with his daughter and his understanding that the mother had inherited money for the daughter’s education. The trial court disagreed, finding no language in the divorce settlement that supported the father’s argument. The New Jersey Appellate Court upheld the decision.

The courts generally consider a divorce settlement agreement to be contracts that have already been sanctioned by the divorce court. Unless significant changes in circumstances or issues about the legality of the contract itself can be proven, the courts will usually not rewrite or alter the terms of the contract. The settlement wording made no condition upon which the father would pay half the costs. The father was ordered to pay $112,500 as his portion of the Cornell education.

Divorce may become a complicated and emotional process. Arriving at an equitable settlement may be difficult, especially in cases of high-asset divorce or when complex assets such as stock options, business interests or investment vehicles are involved. An attorney experienced in settlement strategies, asset valuation, tax law and property division may help prevent any unexpected negative consequences of a broadly written settlement.

Source: The Huffington Post, “Divorce Settlements and Higher Education“, Brad Reid, March 13, 2014

The impact of social media on Wisconsin family law disputes

Social media has changed the way we interact with our friends, family and acquaintances. Some individuals use venues like Facebook and Twitter to document every aspect of their lives. While staying connected with family and friends is generally a good thing, individuals who are in the middle of a divorce or custody dispute need to be aware that the words and images they post may be used against them in court.

Unfortunately, it’s not just vicious postings and photos of inappropriate behavior that can cause trouble. Even seemingly innocent postings or photos of family activities and vacations can be harmful. For instance, an argument by a spouse that they cannot afford to pay spousal support could be hindered by pictures of luxurious vacations or fancy cars. If one parent criticizes the other parent on social media it may be used to show that they are undermining the other parent’s relationship with the child. It’s not just a spouse’s postings that can cause trouble. If a minor child posts pictures of themselves engaged in a dangerous activity, it could reflect poorly on the parent who was caring for the child at that time.

Deleting these posts and pictures does not ensure that negative information will not surface in a divorce or custody proceeding. In some instances, these deletions can be construed as destroying evidence. The best advice is to consider how the posting or photo could be used by an estranged spouse prior to placing anything online.

Misuse of social media is just one of the many innocent mistakes made by individuals who are in the midst of divorce and custody proceedings. A divorce attorney may be able to help individuals avoid or lessen the impact of seemingly innocuous postings.

Source: The Huffington Post, “The Divorce Mistakes You Don’t Even Know You’re Making“, Taryn Hillin, March 18, 2014

Immigration status not relevant to custody, appeals court says

Should a mother’s status as an illegal immigrant have any bearing on whether she is entitled to custody of her child? That was the question faced recently by an appeals court in a child custody case watched closely by immigrants’ right advocates in Wisconsin and elsewhere. To the relief of many such advocates, the court concluded that immigration status had no bearing on the issue of custody.

The case involved a young mother who was an undocumented immigrant living in the United States. In 2009, after becoming an unwed mother at the age of 17, the woman moved in with her daughter’s paternal grandparents and continued to live with them until September 2011. At that time, after a fight with the grandmother, the mother moved out and took her daughter with her. This led to a custody battle between the mother and the grandparents.

The custody dispute proceeded to trial, at which the mother’s status as an illegal immigrant was called into question. Basing his decision at least in part on the mother’s immigration status, the trial judge awarded sole custody of the girl to her grandparents. Following an appeal, the court of appeals reversed the lower court decision and returned the girl to the custody of her mother.

A court generally decides child custody disputes by looking at what is in the best interests of the child. While custody may be awarded to a grandparent or someone other than the biological parent, typically there must a showing that the parent seeking custody is an unfit parent or that the child somehow would be in danger in the parent’s care. In this case, with the help of qualified legal counsel, the mother was able to convince the appeals court that her immigration status did not make her an unfit parent or endanger her daughter in any way.

Source: Star Tribune, “Immigration status not a factor in custody battle, Minnesota court says,” Abby Simons, April 8, 2013

Ways to improve communication with your ex

Newly divorced people in Wisconsin might be frustrated at having to keep up communication with their exes after they have dissolved their marriage. After all, that is part of the reason why some people choose to get a divorce, because they don’t want to be together anymore. However, if there are children or other affairs involved, it is sometimes necessary to try to communicate for the sake of the circumstances.

There are various ways that people can deal with communicating with their exes. Some of the biggest disputes in family law may be caused by lack of communication. Some Huffington Post divorce experts state that there are three ways to communicate better with exes. The first way is for people to change their situations. They can approach their ex as if they were a stranger and be pleasant to them in the same manner they would a cashier at the supermarket.

Another approach people can take is to eliminate their situations. They can choose to cut off all direct or verbal communication with their exes. They could choose to only communicate about important issues like visitation, school and activities and they could do so through text, email or through their attorneys if they don’t feel they can emotionally communicate directly with their ex just yet.

Another way that people can communicate better with their exes is to simply accept the situation for what it is. They can accept that their ex may not change, learn how to ignore any snide remarks, sarcasm and bad behavior. Acceptance may make dealing with the situation easier for everyone involved. Family law attorneys might be able to assist people who are going through divorces communicate with their exes. They might also be able to help them come to an agreeable divorce settlement.

Source: Huffington Post, “3 Ways to Communicate Better With Your Ex“, Honoree Corder, August 02, 2013

Changing a minor’s name in Wisconsin

Depending on the facts in the case, it may be possible to change a minor’s name to the mother’s maiden name after a divorce. A judge will have to determine that ordering such a change is in the best interest of the child. The court will look at how long the child has had the name and whether the change could cause harm to the child in the future.

While children have typically kept their father’s name in the past, courts do not always side with tradition. If the child has a stronger relationship with the mother than with the father, it may be better to allow the child to use the mother’s maiden name. However, a court may also rule that the child keeps the father’s last name as long as he performs his duties as a parent.

If the mother gets remarried, the child’s stepfather may ask that the entire family take the new father’s last name. It may also be possible for the children to revert back to the mother’s maiden name as part of the adoption process. Regardless of what name the child takes, it does not change child support, visitation or custody rights and obligations previously ordered by the court.

Consulting with a family law attorney may be worthwhile whenever a dispute arises during or after a divorce. It may be possible to get the parents together to resolve issues such as what name the child will take through mediation instead of going to court. However, an attorney may be available to represent a parent in court if necessary.

Source: Findlaw, ‘Changing Your Name After Divorce”, Accessed on Jan. 16, 2015