Family & Divorce

RSS Link
Recently, the debate has once again arisen about what “final judgment” means under Wis. Stat. section 767.451(1). Is the “final judgment” the original judgment in the action or is it the most recent order determining legal custody or physical placement? Does the two-year truce restart with every new order, or is there a one-time truce after the matter is first resolved? The Debate Over ‘Final Judgment’ The conclusion matters, as pointed out by both Chelsie A. Thuecks in her

…
Continue Reading When Does the Two-Year Cooling-Off Period Apply?

From birth certificates to guardianship: the practical steps every Wisconsin family needs to take in year one.
September is often associated with more birthdays than any other month of the year, meaning many families are welcoming a new baby and adjusting to life as new parents. Between feedings, diaper changes, doctor appointments, and sleepless nights, it can be difficult to think about much beyond the next few hours.
Amid the excitement, however, there are several important legal and financial…
Continue Reading Baby’s Here! The Wisconsin New Parent Legal & Financial Checklist

What you need to know when your ex files to change your maintenance order.
You’ve been served. Just a few years after the divorce, your ex Dan has filed a motion to modify the maintenance order. Under the original order, he was required to pay you $2,000 per month. Dan alleges that his prior employment changed, and he is now earning substantially less income. He also cites concerns that you have been living with a significant other.

Your mind

…
Continue Reading Modifying Spousal Support in Wisconsin: Income Changes & Cohabitation

Do You Need An Injunction (Restraining Order)?
Are you in imminent danger of physical harm? Are you experiencing coercive, threatening, controlling, bullying, or harassing behaviors? If you answered yes to either question, it may be worthwhile to consult with a Wisconsin attorney on legal options to protect you and your family.

It can be helpful to speak with a trauma-informed attorney who is experienced in providing protections for those facing domestic violence, mistreatment, child abuse, bullying, and harassment. Such…
Continue Reading Obtaining A Restraining Order in Wisconsin

A family lawyer explains the Wisconsin Relocation Statute and the step-by-step process for obtaining approval to move with your child. 

“Am I stuck living in the same town because of my legal custody and physical placement orders?”
“I want to move out of Wisconsin…is that even allowed?”

It is natural for parents to feel overwhelmed when considering a move. This is especially true when child custody and placement orders are involved. As a Wisconsin family law attorney, I…
Continue Reading Can I Move Out of State With My Child After a Divorce?

A guide to Wisconsin custody and placement laws, court-appointed professionals, and how your child’s wishes impact custody decisions.

“Once my son turns 14, he’ll finally get to decide which parent he wants to live with. ”

As a Wisconsin family law attorney, I’ve heard this assumption from countless clients navigating paternity, divorce, or post-divorce matters. Unfortunately, this is not true. Under Wisconsin law, children under the age of 18 never truly get to choose which parent they…
Continue Reading When Can My Child Decide Where They Want to Live? 

A helpful guide for parents and young adults navigating the legal transition into adulthood in the state of Wisconsin.
Eighteen is often viewed as a milestone year filled with graduation parties, first jobs, military enlistments, trade school plans, college move-in days, and newfound independence. What many families don’t realize is that turning 18 also brings significant legal changes. Overnight, a child becomes an adult in the eyes of the law.
As an estate planning attorney, these are some of…
Continue Reading Turning 18: Legal, Financial, and Practical Considerations for Young Adults and Their Parents

Joint parenting agreement
Close-up of Joint parenting agreement with pen

What Wisconsin parents should know about the 14 mandatory elements of a parenting plan. 
For many parents, entering a family law matter raises questions about how this major life transition may impact their child or children. Where will our child live? How will parenting time be divided? Who will make important decisions for our child? 
Courts address many of these concerns through child custody and physical placement orders. In Wis. Stat. §767.41(5)(am)(1) the first factor listed for the court…
Continue Reading The Importance of Completing a Proposed Parenting Plan

If you are considering engaging in surrogacy, you may be thinking about embryos, matching, medical appointments, contracts, travel, finances, birth plans, and parentage, all before a pregnancy has even begun. At The Law Center, S.C., we help clients wade through all of this information, and in the right order.
We represent intended parents, surrogates (sometimes also referred to as gestational carriers), fertility clinics, surrogacy coordinating programs, and gamete donors with assisted reproduction matters. Families come in many forms,…
Continue Reading Understanding the Surrogacy Timeline in Wisconsin: What to Expect

Winning the text argument won’t win your custody case. Learn how to navigate high-conflict co-parenting and custody and placement matters in Wisconsin.
It all started with a simple text.

Can I pick the kids up early tonight? We’re going on a trip tomorrow so I’d like to give them time to pack. 

The request may seem reasonable, but in a high-conflict co-parenting situation, even one text can spiral into an all-out battle.
You’ve been irritated with your ex for…
Continue Reading What High Conflict Parents Get Wrong About Child Custody

Choosing a power of attorney for health care is one of the most personal decisions in an estate plan. This is the person who may speak for you if illness, injury, or incapacity prevents you from making your own medical decisions.

In Wisconsin, a power of attorney for health care allows you to name a health care agent. That agent can make health care decisions for you if you are unable to make those decisions yourself. Wisconsin’s Department of…
Continue Reading Choosing a Power of Attorney for Health Care in Wisconsin

IVF can create possibilities that once felt out of reach. It can also create legal questions that many people do not expect until they are already in the middle of treatment, storage forms, consent documents, medical decisions, and family planning.

One of those questions is what should happen to frozen embryos if plans change.

At The Law Center, S.C., we help families think carefully about assisted reproduction, parentage, and the legal relationships that may follow. Families come in…
Continue Reading What Is an Embryo Trust? A Guide for Intended Parents

Estate planning is not only about what happens after death. It is about giving your family direction when they may be grieving, stressed, or unsure what to do next.

A will and a trust are two common estate planning tools. They can both help you decide who receives your property, who should be involved in carrying out your wishes, and how your loved ones should be protected. They do different things, however, and many Wisconsin families use both.

At…
Continue Reading Wills vs. Trusts in Wisconsin: What is the Difference?

https-www-wisbar-org-newspublications-insidetrack-publishingimages-article%20images-child-anxious-sad-concerned-family-parental-rights-1200x630-jpg

At The Law Center, S.C., we understand that these matters are not abstract legal questions. They are about whether your documents reflect who you are. They are about whether your relationship with your child is protected. They are about whether your family is treated with dignity under Wisconsin law.

Our firm has long believed that families come in many forms. Some families have one parent, two parents, or more than two people who play meaningful roles in a…
Continue Reading Legal Rights of Transgender Individuals and Families in Wisconsin

Yes, you can get a divorce without a lawyer in Wisconsin. When someone represents themselves in a divorce, it is known as a pro se divorce, also called a “kitchen table divorce”. Wisconsin provides forms and self-help resources for people who choose this route, but having access to paperwork is not the same as having legal guidance.
Divorce decisions about property division, including assets like bank/investment/retirement accounts, your home and debts, maintenance (allocation of income for spousal support), and…
Continue Reading Can You Get a Divorce Without a Lawyer in Wisconsin?

Understand the key differences between divorce and legal separation in Wisconsin, including filing requirements, legal rights, and what each option means for your future.
There are many reasons an individual may be interested in a legal separation over a divorce, or vice versa. Factors such as religious or personal beliefs, the possibility of reconciliation, or the desire to maintain certain financial or insurance benefits may lead someone to choose a legal separation rather than a divorce. On the other…
Continue Reading Divorce or Legal Separation: Which Option Is Right for You?