When you and your spouse decide to go your separate ways, there are many serious decisions that must be made about your child and your child’s future. You do not get to just simply walk away from your spouse after your divorce when you are a parent -- you must figure out a way to cooperate with one another for the sake of your child. One of the first things you and your spouse will have to agree on is who will have custody of your child and where your child will live. A Wisconsin child custody attorney can help guide you through the process.

Factors for Considering the Child’s Best Interest

Like most other states, Wisconsin courts presume that joint legal and physical custody is in the best interest of a child unless his or her mental, physical, or emotional health would be in danger if rights were awarded to both parents after the divorce. Legal custody and physical placement are decided on a separate basis, meaning it is possible for a parent to spend time with his or her child but have no decision-making capabilities.

Everyone knows that divorce can be difficult for several reasons. For some people, the legal aspect of divorce is more difficult and stressful than the emotional impact. For others, the emotional side of divorce is the part that gives them trouble. Even things like the asset division process can be daunting, especially when dealing with things such as the marital home. For many people, their house may have significant meaning, and it may hold a special place in their hearts. Often, the marital home is the first house that the couple purchased together, and it may be where their children were raised. Deciding what to do with the marital home is only one step in the property division process, and it is not always easy. An experienced family law attorney can guide you through the proceedings and help you achieve a positive outcome. 

Understanding Community Property Laws

Most states function under the "equitable distribution" principle when it comes to dividing assets in a divorce. Only nine states do not function under that doctrine, and Wisconsin is one of them. In the state of Wisconsin, marital property is considered to be "community property." This means that the law presumes that each spouse should leave the marriage with roughly half of the marital assets. The only property acquired during a couple's marriage that may be exempt from being divided in a divorce is property that was acquired by either spouse through gifts or an inheritance.

As a parent, there are a lot of difficult conversations you must have with your children, such as the sex talk or informing children that a grandparent is terminally ill. However, one of the most difficult conversations you are likely to have with your kids will take place when you and your spouse decide to file for divorce. Children may react differently to the news of a divorce, depending on their age and developmental status. To help foster a positive reaction to the divorce, there are certain things you can do to make the news a little less jarring. Here are a few tips to follow when telling your children about your Wisconsin divorce:

1. Tell all of your children at the same time. If you have multiple children, you and your spouse should try to tell all of them at once. Telling an older child first is unfair, because it puts the burden on him or her to either notify younger siblings or keep your secret. To avoid placing some children in a difficult position, it is better to break the news to everyone at the same time.
2. Plan out what you will say. This is a conversation that you and your spouse should not have on the spur of the moment. You both should plan out the points you want to cover and the wording you want to use when you tell your kids that your marriage is over. Even if you are harboring anger or resentment, you should present a united front to your children. This will help show them that you and your spouse will still be there for them no matter what.
3. Be supportive of their reactions. No two children are alike, and no two reactions will be alike. Children in different age groups may react differently to the news of the divorce. Younger children may not fully understand what is going on, and they may take the news into stride until they start experiencing changes to their lives. Older children may react more strongly, and they may act out in response to the divorce by rebelling and engaging in disobedient or harmful behaviors. In addition, they may take sides with one parent. To address concerns about negative behavior, you may want to consider having children see a therapist or family counselor who can help them work through the emotions they are feeling.
4. Reassure your children that the divorce is not their fault. One common response in children whose parents get divorced is that many of them believe the divorce is their fault. Although this is a normal feeling for children whose parents are getting a divorce, you should be sure to set the record straight. Reassure your children that the divorce has nothing to do with them, and it is between you as a couple. In addition, continually remind them that you both still love them very much.

Contact a Waukesha County Divorce Attorney 

Divorce will likely be one of the most stressful and life-altering events that you and your children will go through in your lives. Although you cannot protect them from all of the disruption and pain the divorce may cause, you can help encourage a healthy reaction to the divorce. At Wolff & Sonderhouse, LLP, we can take care of the legal details of the divorce so you can devote quality time to your family. To schedule a free consultation, call our knowledgeable New Berlin divorce lawyers today at 262-232-6699.

If you are getting a divorce, this may be one of the most stressful times in your life. The person who you were supposed to spend the rest of your life with is no longer in the picture, and your life is changing in nearly every aspect. It is not unreasonable to forget about the financial side of things while you are in the middle of the emotional roller coaster known as divorce. However, disregarding your finances beforehand can lead to significant problems after the divorce is complete. Proper financial preparation before and during your divorce is the best way to help ensure you will have a good financial standing after your divorce. Here are a few tips to help you prepare financially during your Wisconsin divorce:

• Recognize your current role in your marital finances. In many marriages, one spouse is the person responsible for maintaining the couple’s finances. This can be convenient during the marriage, but it can be a real setback during a divorce, especially for the spouse who is not as in tune with the couple’s financial situation. You should begin to educate yourself about you and your spouse’s finances so you have a basic idea of where to begin during the property division process.

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In today’s modern American families, it may not just be the husband who is the breadwinner for the family. Now, it is not uncommon for both spouses to have a job that equally provides for their family. This is why it can be so difficult for some people after a divorce. Instead of living off of two incomes, it can be an adjustment to learn how to manage with just one income. In some cases, there may be a significant inequality in how much money each spouse makes and contributes to their family. In these kinds of situations, it is not uncommon for one spouse to petition for spousal maintenance in a Wisconsin divorce. 

Factors Used to Determine if Spousal Support Is Awarded

It is never guaranteed in any divorce case that there will be spousal maintenance involved. If a spouse files a petition for maintenance, then the court will conduct a hearing to determine whether maintenance should be awarded. The factors the court uses to determine this include: