Tag Archive for: family law

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Ways to Avoid an Expensive Divorce

When looking into potential divorce, one subject always comes to mind, and that is cost. Money difficulties can be both the catalyst for a divorce as well as a hurdle during the proceedings, however there are ways to keep some of those expenses from climbing.  

To start, it is important to do as much research on the laws of the area as well as who the right attorney is for each person’s circumstances. Knowing as much as you can about the divorce process can keep you from asking too many questions, which will inevitably increase your bill.  

Although it may be ironic, the key to keeping a divorce both economical and uncomplicated is to foster good communication with your ex. This could mean mutual agreement on appraisers or agreeing on the value of various assets. When getting property appraised, if the couple can agree to an appraiser that means one split bill. Without an agreement, each person will pay their own way as well as the extra fees for those appraisers testifying in court.   

There is also the issue of deciding how much money each person earns and what potential support could look like. Agreeing to the earning capacities for each person can save the costs associated with vocational assessments, which may cost over $1,000 just for the report.  The assessment could be used by a court to determine whether to impute income to an under earning spouse.   

Co-parenting is another way to keep yourself from unnecessarily increasing your divorce costs. When the divorcing couples discuss child placement, it is important to be as specific as possible.  If parents have good communication, they will spend less time using their attorneys to communicate with each other. Communication through attorneys is more expensive and time consuming.  It is also important to keep in mind that litigating should be a last resort when trying to keep costs down.

 In short, divorce might not be pleasant, but clients that are able to work cooperatively with their lawyer and their spouse will be in the best position to avoid an expensive divorce.   

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Is January really ‘divorce month’?

After the holiday season is over, both attorneys and the courts see an uptick in divorce filings, especially in the first half of January creating the nickname ‘divorce month.’

According to an article published in the New York Times in 2019, there is a significant jump from December to January in Google searches of the topic of divorce as well as attorneys doing more filings and taking on new clients.

Two factors may play a role in this yearly trend. One factor includes not wanting to ruin the holidays for children and other family members.

Divorce also rises after the holidays because of the idea of starting the year fresh.

“The holidays are over, and I’m not going into this year as miserable as I was last year.” Vicky Townsend, co-founder and chief executive of the National Association of Divorce Professionals, said in the New York Times article.

Although filings may see a jump from December to January, it doesn’t mean that marriages on the rocks are doomed during this time. Divorce filings are often cyclical and caused by many factors, especially this year with the pandemic at play.

“Too much time with family can often trigger someone waking up and realizing, ‘This is not what I want for the rest of my life,’” according to Susan Myres, president of the American Academy of Matrimonial Lawyers and a divorce lawyer in Houston. “You’ll see an uptick in filings after Valentine’s Day and around August,” when children have had summer off and before school starts.

January may not spell the end of one’s marriage, however if you are thinking about separating, it may be time to give an attorney a call about your potential options.

Attorney Neil Magner has over 15 years of experience serving southeastern Wisconsin in various forms of family law, including divorce and legal separation, post-judgment modifications, child custody and support matters, equitable property division and paternity cases. Call 414-281-4529 to schedule an appointment.

Is there an Oscar winner curse that causes divorce?

The 83rd Academy Awards are just a few short weeks away and many Oscar hopefuls are waiting with great anticipation to learn if they will forever be known as an “Academy Award winner” or simply as a “nominee.” However, some believe winning an Oscar may bring bad news for the winner.

There has been a fair amount of anecdotal evidence of an Oscar winner curse, especially for winners of the Best Actress award. Aside from winning the Academy Award for Best Actress, what do Joan Crawford, Bette Davis, Halle Berry, Hilary Swank, Sandra Bullock and Kate Winslet have in common? Their marriages all ended in divorce shortly after the won the award.

A recent study by the University of Toronto’s Rotman School of Management and Carnegie Mellon University studied this phenomenon and statistically confirmed the anecdotal evidence. They found that Best Actress winners had a 63 percent chance of their marriages ending sooner than Best Actress nominees who did not win.

The study looked at the 751 nominees in the Best Actress and Best Actor categories between 1936 and 2010. They found the median marriage of a Best Actress winner lasted only 4.30 years after winning the Oscar. This figure was significantly lower than the 9.51-year marriage duration for nominees who did not win. In contrast, there was no significant difference for Best Actor winners at 11.97 years and Best Actor nominees at 12.66 years.

While the likelihood of there being an Oscar winner curse is very low, the researchers did reach an interesting conclusion. They believe the divorce rate for Best Actress winners is caused by sudden success taking a toll on the longevity of marriage.

Source: Rotman School of Management, University of Toronto, “The Oscar Curse? Study Says that Oscar Win for Best Actress Increases the Risk of Divorce,” 1/28/2011

Recession linked to marital hardships, says UVA study

Many American families are dealing with the worst economic circumstances in their lifetimes. Our experience as family law attorneys has taught us that tough financial times can create stress in a marriage, and financial stress can both magnify existing problems and create new problems in a marriage. A recent scientific study seems to confirm this phenomenon.

According to the study recently conducted by the University of Virginia, the ongoing recession in the Unites States has created significant strains on marriages, especially the marriages of individuals and couples who do not have college degrees. The Survey of Marital Generosity, a component of the UVA Marriage Project, indicated that 29 percent of couples experienced stress on their marriages resulting from financial difficulties.

In addition, approximately 33 percent of the couples that responded to the survey said that the economic downturn caused them to resolve to save their marriages. About 52 percent of this group said their marriage was “very happy,” while 25 percent did not think that the recession was a reason for the strengthening marriages.

Nearly 1,200 Americans between the ages of 18 and 45 were surveyed as part of the UVA Marriage Project. Couples in which neither partner had a college degree were among the most likely to experience economic hardships. Over a third of the participants claimed that they frequently worried about paying their next set of bills, while 12 percent said that they had either had their homes foreclosed or experienced significant struggles in paying their mortgage bills.

Source: The Washington Post, “Study shows recession has weighed heavily on American marriages,” Annys Shin, 2/7/2011

Family, friends, religions, recognize new divorce customs

Different cultures and religions around the world are coming up with some interesting ways to help couples seek peace, forgiveness and start a new chapter.

You may have heard of divorce parties with close friends, or maybe a private glass of champagne once the final papers are signed in your divorce lawyer’s office. But what about ending the marriage with as much ceremony as you started it? International customs are changing and growing just as the numbers of divorces are growing.

Here in the U.S. The Unitarian Universalist church has a divorce ceremony they call a “ceremony of hope.” The divorcing couple can apologize and ask one another for forgiveness and blessings in front of friends and family who were also present for the wedding.

In China, it is customary that the divorce papers not be signed in the home, and then the ink and pen used to sign the documents must be thrown away because they may contain bad luck.

In Germany, one bishop has proposed a Mass of Lament where friends and family would gather in church and listed to the couple explain their reasons for divorce.

In a Japanese temple you can write your breakup wishes on a piece of paper and flush them down the toilet. Literally. Their divorce ceremonies also usually involve a buffet meal and a ritualistic smashing of the wedding rings. Japan has actually seen a large increase in divorces after the devastating earthquakes and tsunamis there.

If you live in Wisconsin and are contemplating divorce, it might help if you concentrate on the final goal; the light at the end of the tunnel; your next phase in life. Divorce is always a tough decision to make so let our firm help you with the logistics so you can plan your own Milwaukee divorce celebration party.

Source: Huffington Post, “Divorce Custom: 7 Post-Split Rituals From Around The World,” July 21, 2012

Wisconsin man learns of divorce years after the fact

A Wisconsin man returned home after an absence of many years to learn his wife had divorced him. She also sold the house they owned together even though he never signed papers allowing the sale. The case illustrates the importance of ensuring one’s interests are represented in a family law proceeding.

When the man’s wife filed for divorce, she never personally served him with divorce papers. He had moved out of state and his wife served him by publication only. Then, when he did not appear in court, she was awarded divorce by default. The divorce court awarded the house to the wife, and she sold it with the help of a forged signature on the quit claim deed.

When the man learned what happened, he successfully petitioned the court for a post-divorce modification. The court acknowledged that it did not have authority to transfer property in a default divorce proceeding when the defendant had not been personally served. The court ordered the ex-wife to split the sale proceeds. The man then sued the title company for conspiring with the ex-wife to transfer title to the home by forgery. In 2008, a jury awarded actual and punitive damages to the man. The title company appealed, and on Dec. 4, the Wisconsin Court of Appeals upheld the earlier jury verdict.

In any divorce proceeding, it is important to have qualified legal representation. An experienced family law attorney can advise people about the long-term implications of any decisions and agreements to be made. The attorney also can help ensure property division issues are addressed fairly and in accordance with the law.

Source: State Bar of Wisconsin, “Divorce Court Lacked Jurisdiction to Transfer Property, Title Company Loses,” Joe Forward, Dec. 4, 2012

Halle Berry relieved and happy child custody resolved

Calling it “a year full of challenges,” actress Halle Berry admitted that she was finally satisfied to be at the end of a lengthy child custody dispute with her ex-partner Gabriel Aubry. Berry and Aubry are the parents of a three-year-old girl and have been going rounds in family court since last May when the never-married couple split up.

Details of the couple’s custody arrangements weren’t revealed, but Berry confessed that “it is a relief when you can resolve things in a good way.” The actress said the tough times between the couple had nothing to do with one parent trying to take the child away from the other. She and Aubry had come to what Berry called an “impasse.”

That parental friction in the courtroom caused Berry to drop out of two events in the last year. One was a New Year’s Eve appearance and the other an opportunity to play opposite Samuel L. Jackson in the new Broadway show “Mountaintop.”

Berry did not mention if she regretted missing those events, although she did say it made her happy that the custody issues she and Aubry had were resolved with the help of the legal system. She credits the family court judge with helping the couple come up with a workable solution that was in the best interests of their daughter.

The new co-parenting plan between the actress and Aubry was not an easy one to hammer out, according to Berry, although she seemed pleased with the results. The actress said, “For her sake, this is the best way. We both love her more than life.”

Source: UKPA, “Halle’s happy custody resolution,” 4/21/2011

Judge takes breast cancer into account in child custody ruling

In Wisconsin, a judge who makes child custody decisions needs to keep the best interests of the child a primary consideration. Broadly defined, a child’s best interests include maintaining his or her relationships with parents, siblings, and other family members as well as the mental and physical health of the parties. A judge can consider physical health of a parent, but a recent case from another state illustrates how controversial this consideration can be.

A judge presiding over a divorce case has ruled against giving a mother afflicted with stage four breast cancer custody of her children because it is unknown if she will recover from the disease. The judge awarded custody of the two children to their father and has stated that the children, ages 5 and 11, must move from their mother’s home by June 17.

The woman and her ex-husband will share custody. However, due to the fact she needed to move to another town for her cancer treatment, she can only invoke the shared custody on weekends and holidays.

The judge’s decision has caused concern with cancer experts and family law attorneys. Some experts on the matter reported they believe that making custody decisions based on protecting a child from an ill parent could have repercussions on future cases.

Experts on both sides of the argument spoke out on reasons for being in favor or against the judge’s decision. A psychologist, in favor of the judge’s ruling, said that children do better with contact with a non-ill parent and in a world free of cancer. A doctor on the other side of the argument said that although this may be true, not seeing the ill parent could also harm the children because children need honest answers about why the other parent isn’t around.

An appeal has been filed to allow the children to stay with their mother.

ABC News, “Judge Cites Mom’s Breast Cancer in Denying Custody of Children,” 5/10/2011

La Crosse man denied custody, charged with threats

After an unfavorable outcome in a child custody case, a La Crosse man has been charged with eight felony counts of threat. In the custody case, the man was denied contact with his children and ordered to undergo counseling. He began seeing a therapist, who told police the man made threats during a session. He allegedly told the therapist that he would “go on a rampage and take down as many people as I can.”

The man is charged with one count of threat to a judge and seven counts of threat to witnesses, Class H felonies, for making threats against a judge, his wife, and social workers. He currently is jailed with a cash bond set at $25,000. His case presents a good example of what not do to when attempting to gain child custody.

Under Wisconsin law, parents may agree where their child will live after divorce. If they cannot reach an agreement, the court will decide based on the best interests of the child. Child custody disputes can be emotionally draining. One’s parenting skills may come under scrutiny. It is important to remain level-headed and cooperative with the court’s requests during this time. Actions that call a parent’s judgment into question or raise concerns about the child’s safety will likely lead a court to conclude that the child’s best interests would not be served by giving that parent custody or visitation rights.

Once the court determines physical placement, it can be hard to modify. Accordingly, someone involved in a custody dispute is advised to seek the advice of an experienced child custody attorney. The attorney can help protect parents’ rights and provide guidance throughout the process.

Source: WXOW.com, “La Crosse man charged with threatening judge, wife, social workers,” Steffani Nolte, Jan. 17, 2013

Wisconsin woman takes child in custody dispute

A warrant has been issued for a Wisconsin woman’s arrest after she failed to return her son to his father in violation of the terms of a custody order. The woman, age 20, and her estranged husband, age 23, have been waged in a bitter child custody dispute over the three-year-old boy. The woman previously accused her husband of emotionally abusing her and of smoking marijuana in the presence of their son.

The boy was transferred to his mother’s care on February 20. She was supposed to return him to his father on February 26 but did not show. She also has not reported to her job at a Wisconsin Dells resort. The woman’s neighbors reported seeing a moving van at her home during the weekend of February 23. Authorities now suspect the woman has taken the boy to her native Uruguay or to Mexico. An international phone number was found taped to the woman’s refrigerator. When it was called, a man answered and denied the woman was there.

Under Wisconsin law, divorcing spouses may reach an agreement regarding the custody arrangements for their child. If they cannot agree, the court will decide where the child will live by applying the “best interests of the child” standard. Emotions can run high during a child custody dispute, but it is important to maintain control. A failure to cooperate can have serious consequences. If a parent violates the terms of a court order, not only will the parent’s custody and visitation rights be in jeopardy, the parent faces possible criminal charges as in the case of this Wisconsin woman.

When involved in a custody dispute, parents need not try to take matters into their own hands. Instead, seek the assistance of an experienced family law attorney. The attorney may be able to help work out a child custody arrangement that serves the child’s best interests.

Source: Baraboo News Republic, “Boy was subject of custody dispute,” Tim Damos, March 7, 2013