Tag Archive for: Divorce

Dwyane Wade wins child custody of his sons

Our Milwaukee readers will remember Dwyane Wade’s success on the basketball court with Marquette Univeristy. Earlier this month, Wade had success in a court of law and he won his child custody case. Wade was granted sole custody and control of his two sons.

The boys arrived in Miami, where Wade lives and plays professional basketball, shortly after the custody ruling was officially filed. According to the Associated Press, Wade said that the ruling lifted a huge weight off his back. Wade said that he had been mentally preparing himself for the court’s ruling for more than a year.

Wade did not announce the court’s decision immediately in order to make sure his sons were both fully aware of how their lives would be affected. Wade’s teammates were notified of the custody ruling after a team win and they gave their point guard a lively ovation after hearing the news.

Although Wade contributed to the win with five blocked shots, five rebounds, nine assists and 28 points during that day’s game, winning custody of his two children was the greatest news he could hear and he decided to play hard and just enjoy the game.

Wade’s success in his child custody case demonstrates how parents who fight to be a part of their children’s lives can be successful. Wade stated that he fought until he could not fight any more so that he could be a father to his two sons.

The courts have allowed Wade’s ex-wife to have bi-monthly visitations with the children in addition to Mother’s Day and other select holidays. Wade has previously said that he hopes his sons can maintain a healthy relationship with their mother despite the divorce.

Source: Associated Press, “Dwyane Wade wins custody fight for sons,” 3/13/2011

Child custody terms reached by Sheen and Mueller

The highly discussed and publicized divorce between television star Charlie Sheen and Brooke Mueller has finally reached a point of agreement over terms of child custody. They have two two-year-old twin boys, and their custody is based on a highly customized and rigidly structured plan.

Both Sheen and Mueller have dealt with alcohol and drug dependencies, and these concerns were major factors in the settlement. Concerns about drug use led to the inclusion of several important clauses in the custody agreement. The terms are strictly based on the stipulation that both Mueller and Sheen must remain free of drug and alcohol use; otherwise, the agreement will be subject to change.

During the first two months of the agreement, Sheen will have the boys every other weekend for the period of Saturday morning through the evening of Sunday. If the rules are followed by both parents, the next two-month period will see increased parenting time for Sheen. He will have Saturday morning to Monday morning every other weekend. If the terms are not violated, Sheen will then get the boys from Wednesday morning until Thursday morning, in addition to the weekend period. Mueller will have the twins during the times that Sheen does not.

Both parents will be randomly tested for drug and alcohol use as required by the agreement. Additionally, both Charlie Sheen and Brooke Mueller must always have a nanny present for the duration of their times with the children. Also stated in the terms is a condition that neither parent is permitted to be photographed with a romantic partner in the presence of the boys.

Sheen’s notorious “goddesses” are also included in the child custody agreement. Sheen’s romantic partners are prohibited from showing affection to the boys in public by the terms of the agreement.

Source: US Magazine, “Charlie Sheen, Brooke Mueller Reach Custody Agreement,” 4/2/2011

A proactive approach can help children deal with divorce

A divorce is difficult for all involved, but when you have children still in the home it’s important to play an active role in helping them understand what is happening, why it is happening, and how it will affect them. This process is very traumatic for kids, and studies have shown that it can even affect their school performance, so you and your soon-to-be ex need to be proactive in helping them.

Parenting experts have some tips for helping children deal with divorce that we would like to share with you. First, you need to explain what is happening. Sit down with your kids, together if possible, in a quiet media-free environment. Calmly, tell them that you are going to be divorcing. Do this during a time when there will not be additional stress, such as when your child is missing out on an activity or staying up way past bedtime.

If you and your spouse must discuss the situation with your child apart from one another, collaborate beforehand to set the story straight. Even if you are bitterly angry at one another, you need to give your child the exact same story. Discrepancy will just confuse your kids and make the emotional trauma more painful.

Assure your kids that the divorce is in no way their fault, and then explain what it means for them. Be practical and answer the questions they will have, such as where they will live and when they will see the other parent. Be honest, but assure them that you love them no matter what and that they will have everything they need. Finally, do not talk negatively about your spouse, even if you feel like it. Remember, they will be your child’s parent for the rest of his or her life, so it is not your job to discredit your soon-to-be ex in front of your kids.

Experienced family law attorneys understand that both spouses’ actions leading up to and during a divorce can be considered by a Wisconsin judge when making divorce rulings on important issues, including child custody and child support. When facing a divorce, a cooperative and proactive approach is often looked upon favorably by family court judges.

Source: ABC Action News, “Parents in action: How to help your children cope with your divorce,” Angela Ardolino, 6/2/2011

Rocker Peter Frampton sees his third marriage end

When a divorcing couple has been married for long time, when they have children together and have substantial assets together, the divorce has the potential to be very complex. In ending the marriage, the issues of marital property division, child custody, child support, and possibly alimony need to be addressed. Often, complex divorces are litigated in court. However, many divorce issues are resolved by the spouses and their attorneys who negotiate a settlement.

The marriage between Peter Frampton and Tina Elfers is an example of a marriage that meets all of the above criteria. Recently, Peter Frampton filed for his third divorce. In 1973, he and Mary Lovett went separate ways. In 1993, Frampton and Barbara Gold split. Now, in 2011, the 61-year-old guitarist and singer is splitting with Tina Elfers.

In 1996, Elfers and Frampton married in Cincinnati. Four years later, they moved from Nashville to Cincinnati so Elfers could see more of her family.

The couple split up on New Year’s Eve, but divorce papers were not filed until recently. Irreconcilable differences were cited as the reason for the divorce.

Frampton and Elfers were married for almost 15 years and have a 15-year-old daughter. Frampton is attempting to get joint custody and visitation rights. Their daughter just finished her sophomore year in high school and has appeared in two recent Hollywood films. She has hopes of having a career as an actress.

Although going through a divorce can be a stressful event, Frampton appears to not be missing a beat. Frampton is currently on a worldwide tour celebrating the 35th anniversary of one his most popular albums. The world tour will wrap up sometime in November.

Source: USA Today, “Peter Frampton files for divorce,” John Kiesewetter, 6/24/2011

Maria Shriver officially files her divorce petition

When the news initially broke that Maria Shriver and Arnold Schwarzenegger, it was not clear what was going to be next for the couple. They announced their separation just weeks after the 25th anniversary. The couple had accumulated substantial assets over those 25 years, with Schwarzenegger as a lucrative box office draw and Shriver working as an acclaimed journalist over many of those years. The couple also has four children, two of them under 18 years of age, together. If they were going to file for divorce, the issues of marital property division, child support, child custody, and alimony would need to be resolved.

Recently, we learned more about the fate of their marriage. Citing “irreconcilable differences,” Maria Shriver officially filed for divorce from Arnold Schwarzenegger in California last Friday. Like Wisconsin, California is a community property state. This means that both spouses are legally entitled to half of the property earned during the marriage.

The divorce filing came six weeks after it became publicly known that Schwarzenegger had an extra-marital affair and had fathered a child with the family’s housekeeper. The couple separated after Shriver learned of the affair.

According to the divorce petition, Shriver is seeking to share physical and legal custody of the couple’s two minor children with Schwarzenegger. The petition also states that the property accumulated during their marriage will be divided at a later time.

Given the tumultuous circumstances surrounding their separation and divorce, one could easily foresee that this divorce would be a hotly contested one. However, the fact that Shriver wants to share child custody with Schwarzenegger indicates that this divorce may be on its way to being settled by the parties.

Source: San Francisco Chronicle, “Maria Shriver seeks divorce from Schwarzenegger,” Carla Marinucci, 7/2/2011

Jennifer Lopez and Marc Anthony announce divorce

After seven years of marriage, Jennifer Lopez and Marc Anthony announced their divorce in a joint statement this month. “We have decided to end our marriage,” the couple declared in the statement. “This was a very difficult decision. We have come to an amicable conclusion on all matters,” the statement continued. Lopez and Anthony are the parents of three-year-old twins.

Lopez and Anthony dated briefly during the 1990s, became long-time friends, and even appeared in music videos together. Their friendship turned into a romantic relationship in early 2004, just two months after Lopez and actor Ben Affleck ended their engagement. Meanwhile, Anthony was separated from his wife, former Miss Universe Dayanara Torres. On June 5, 2004, Lopez and Anthony married in a quiet home wedding, only four days after Anthony’s divorce from Torres.

Nevertheless, Lopez and Anthony’s divorce announcement is not a surprise. Many even expected this outcome. Rumors of divorce surrounded the couple in 2008, when Lopez attended the premiere of “The Curious Case of Benjamin Button” without Anthony and without her wedding ring. Even though the couple performed together at the 2011 “American Idol” final, many people observed that their show lacked the chemistry of past presentations together.

Rumors increased this month when Lopez took her mother, Guadalupe, as her date to the British Academy of Film and Television Arts gala, where they meet Prince William and Duchess Kate. Two things missing at the BAFTA gala were Lopez’s husband, Anthony, and her wedding ring. Reports circulating in the Internet attribute Anthony’s excessive jealousy and temper to the reason behind the split.

So far, the couple has characterized their split as an amicable one. However, the couple will need to resolve several important issues in order for their divorce to be finalized, including marital property division, child support and child custody.

Source: USA Today, “Jennifer Lopez, Marc Anthony call it quits,” Olivia Barker, 15 July 2011

Kelsey Grammer reaches child custody arrangement with ex-wife

Child custody battles are never pleasant, whether you’re a celebrity or a regular person working through a divorce. TV star Kelsey Grammer and his reality-TV star wife prove this.

The couple, who divorced in 2011 after 13 years of marriage, struggled to reach a child custody agreement for their 9-year-old daughter and 6-year-old son.

In late July, the couple reached at least a temporary agreement. Grammer’s wife, it turns out, will have custody of the two children more often than will Grammer. The agreement, according to a recent story in the Winnipeg Free Press, also takes into account the travel schedule of the 56-year-old Grammer.

This represents only a first step, though. The former spouses still need to reach an agreement on child support and permanent custody.

Earlier, during the couple’s divorce proceedings, Grammer had suggested splitting up the former couple’s children, with Grammer taking custody of his son while his former wife had custody of the couple’s daughter. Grammer’s ex-wife, though, rejected this arrangement, arguing that such a move would prove a disruptive force in her son’s education.

The Grammers still have much to work out regarding child custody. However, the couple has at least taken the first steps to reaching a compromise agreement. This is an important lesson for all couples working through divorce proceedings today. Reaching agreement over child custody is never an easy process. Couples must consider a host of factors, and must weigh competing interests.

Nevertheless, the goal of any child custody dispute should be to find the best living situation for the children of divorce. Couples who can do this will go a long way toward lessening the impact of their separation on their children.

Source: Winnipeg Free Press, “Kelsey Grammer agrees temporary child custody deal,” 21 July 2011

Census finds change in Wisconsin divorce and marriage patterns

According to a recent analysis of data from the U.S. Census, people in Wisconsin are getting married and filing for divorce at a slower pace than couples living in the rest of the nation. In the years since the Census Bureau began keeping track of both marriages and divorces in 2008, it found that Wisconsin’s marriage and divorce rates lagged behind the national average.

According to the Census data, only 1.7 percent of Wisconsin men and 1.6 percent of Wisconsin women got married in 2009, compared with the national average of 1.9 percent for men and 1.8 percent for women.

Diana Elliot, a demographer with the Census Bureau, says that these two numbers are strongly related. She believes that many people are delaying marriage, and divorce rates will fall when there are fewer marriages. In fact, delaying marriage is part of a larger national trend. Over the past forty years, the average age at which a man marries has increased to 28 and the average woman married about the age of 26, reflecting an increase of about six years.

However, just because people are delaying marriage does not mean that that are putting off relationships. Cohabitation and having children out of wedlock is becoming increasingly common in Wisconsin. With that in mind, it is important to note the legal ramifications of having children out of wedlock.

When a married couple divorces, the issues of child support, child custody, alimony, and marital property division are resolved in the divorce order. When an unmarried couple with children separates, there is no divorce order. When a mother never marries a child’s father, a paternity lawsuit is needed to determine the issues of child support, child custody and visitation.

Source: The Superior Telegram, “Wisconsin marriage and divorce rates trail the nation’s,” Teresa Shipley, Aug. 25, 2011

Child custody trend of “nesting” grows among divorced parents

Milwaukee parents who are divorcing their spouses may understandably have concerns about how the separation is going to affect their children. While it is not true that a divorce is automatically going to traumatize a child, it is good to pay attention to your child’s well-being during what will be a time of great transition.

To reduce the impact a divorce and subsequent child custody arrangement may have on children, some parents are turning to a trend called “nesting.” Basically, the children stay put in one house and it is the parents who shuttle back and forth.

The chief positive of nesting is that it allows children to feel that they have a permanent space of their own. This can help them feel more stable and more grounded.

However, nesting raises some unique complications. First, do the parties of a divorced couple really want to keep in that close contact with one another? That can draw our the separation and slow a person’s ability to move on. Second, nesting can be expensive if the father has his own home, the mother has her own home and the children occupy a third home. There are also practical consideration to sort out, such as who buys the groceries, who metes out chores and enforces homework time and curfew and who has authority over day-to-day housekeeping concerns, such as redecorating and furniture.

If you think nesting is something you would like to try, it would be a good idea to speak out the arrangement with your family law attorney. He or she can listen to your proposed arrangement and can point out what might be some legal sticking points. At that point, if you are still interested, your attorney can discuss with you some possible ways to address those sticking points.

Source: Time, “Latchkey Parents,” Belinda Luscombe, Sept. 26, 2011

Seal and Heidi Klum submit custody paperwork

The initial separation between supermodel Heidi Klum and singer Seal started off amicably. However, the recent public arguments between the power couple might mean that things are about to turn nasty for the pair. As the couple discusses child custody for their three children, several variables will determine the outcome of the battle. In addition, Klum has a daughter from a prior relationship who is also involved in the custody battle.

The supermodel asked for primary physical custody in the spring. She requested that Seal have visitation rights. He submitted legal requests to the court that asked for joint physical custody of the children as well.

One of the main concerns for parents during a separation and divorce is child custody issues. Addressing the emotional issues of custody and visitation rights can be stressful for all involved parties. An attorney who understands the tricky dynamics of family law can help mediate acceptable solutions for both parties. Although mediation is usually the first choice in resolving child custody issues, an attorney will take their clients’ cases to court if a judge is needed for settlement.

Attorneys can also address the financial issues that inevitably come up during a divorce, including the division of property, alimony and child support. They should have a solid background in family law so to avoid potential conflicts before they happen. An experienced attorney will strategize with clients and make suggestions in each relevant area. Parents and their children need to be protected as they prepare and plan for the future.

Source: The Huffington Post, “Celebrity Custody Battles: Will Seal And Heidi Klum’s Child Custody Dispute Turn Ugly?” Aug. 29, 2012