Leaving your child in the care of a daycare facility is a decision made with trust and hope for their safety and well-being. Unfortunately, accidents can happen, and when a child sustains injuries while under daycare supervision, it can be [...]
Because Superior Residents Need Compassionate Family Lawyers
The lakeside city of Superior, Wisconsin draws families of all kinds with its sandy beaches, outdoor activities, and proximity to state parks. Not too big, not too small, the area is a great place to settle down.
It probably does not hurt that Wisconsin boasts one of the lowest divorce rates in the nation. When people are together here, it tends to be for the long haul.
However, just because divorces and other family-related disputes may be less common in Superior does not make them any less upsetting and stressful when they do occur. If you are dealing with a divorce, child custody dispute, or any other type of family legal issue, you are likely feeling overwhelmed, hurt, angry — or a combination of all these emotions.
When faced with intensely personal and potentially life-altering family problems, you need legal representation that you can trust. At the law offices of Olson, Poole & Envall, P.A., we are driven by one primary mission: to help families in Superior navigate divorce and other life-changing events so that the experience goes as smoothly as possible.
As one of the region’s top family law firms, we have been litigating divorce and other domestic legal issues for years. We have served families from Superior and the surrounding areas with compassionate, knowledgeable representation that makes sure your needs are part of the final equation. Let us serve your family too — contact our law firm today to schedule a free case consultation.
Family Attorneys Who Understand Wisconsin’s Complex Laws
When it comes to divorces and family-related legal issues in Wisconsin, we are well aware of the fact that the laws can be confusing. This is why it is so critical to obtain high-quality legal representation before diving into the complex world of family law court.
What are some of the things that most commonly confuse people who are dealing with a family legal matter for the first time here? Here are a few of the most frequently asked questions about divorce and family law in Wisconsin.
Is Wisconsin a no-fault divorce state?
Yes, Wisconsin is a no-fault divorce state. This means that neither spouse has to prove that the other has done anything wrong to obtain a divorce. All you must show is that the marriage is irreparably broken, or that there is no chance for reconciliation. In order to prove the marriage is irreparably broken, only one spouse must testify under oath that they believe this to be the case.
How does adultery impact divorce judgment?
Even though adultery is technically illegal in Wisconsin, this antiquated law is rarely enforced. However, infidelity could impact the outcome of your divorce proceedings. Specifically, adultery could affect your divorce judgment if there is evidence that the affair impacts the finances of the marriage or child care.
How does Wisconsin handle custody of minor children?
State law assumes that it is best for minor children if their divorced parents receive joint legal custody. With joint legal custody, both parents have equal parenting rights to decisions like obtaining a driver’s license and choice of school. If a court decides that joint legal custody might be detrimental to a minor child because one parent is unfit, it will award sole custody to the other parent.
Physical Placement of the children is the other portion of custody in Wisconsin that has to do with where the children will lay their heads at night. Wisconsin Courts presume that it is in the best interests of the children to have Shared Physical Placement between both parents and that it is in their best interests to have as much placement with each parent as possible. However, a detailed analysis of the specific best-interests factors is required to determine exactly what that physical placement schedule should look like. Oftentimes Physical Placement is decided through a Court Ordered mediation process. If the parents are unable to come to an agreement through mediation then a Court will order a Guardian ad Litem to be assigned to the Case. That Guardian ad Litem will be a Wisconsin attorney who will independently examine the best interests of the children and make their own recommendations that may be reviewed by the Court.
When is a parent considered unfit?
In Wisconsin, a parent may be considered unfit if it can be shown that they are neglectful or abusive. This could include child abandonment, alcoholism or drug addiction, a criminal background, or a mental disorder.
How are child support payments calculated?
Wisconsin courts consider where a minor child sleeps to determine how much child support should be awarded. When both parents share custody of the child, payments may vary depending on how many nights the child spends with each parent.
For sole custody, Wisconsin courts determine custody based on the number of children using the following percentage model:
- 17% for one child
- 25% for two children
- 29% for three children
- 31% for four children
- 34% for 5 children
How is alimony determined in Wisconsin?
When determining alimony, Wisconsin courts take into account the education level, earning capacity, and contributions to education or earning capacity. For example, you could be awarded alimony if your spouse has a higher education level and therefore greater earning power. You could also be awarded alimony if you primarily take care of your minor children to allow your partner to work and earn more.
Still, have questions? Contact our law firm today to have all your concerns addressed in a free initial case consultation.
We Help You Navigate the Superior Divorce Process with Confidence
Every family’s situation is unique and so is every divorce proceeding. However, most Wisconsin divorces follow these basic steps:
- Decide whether you will sign the divorce petition jointly or if only one of you will start the action.
- Determine whether you need a temporary hearing if you cannot agree on issues like child custody, use of the family residence, use of automobiles, and payment of bills.
- File the summons and petition for divorce.
- Deliver or serve copies of the summons, the petition, and the proposed parenting plan.
- Obtain a date to schedule a hearing.
- Complete your marriage settlement agreement or proposed marital settlement order and other important paperwork needed for the final hearing.
- Attend your hearing.
- Sign and file any additional documents.
In Wisconsin, you have the option to represent yourself in your divorce proceedings. However, there are substantial risks that come with going “Pro Se.” More often than not, divorce cases are too complex for one person to handle on their own. In many cases, people end up having to hire a lawyer to go back and amend their mistakes anyway — which can ultimately cost far more than it would have if they had just hired a lawyer in the first place.
Contact Olson, Poole & Envall Today to Start Protecting Your Family’s Future
Dealing with any family legal matter calls for compassionate legal support. Do not attempt to take on the legal system on your own. Get in touch with the law office of Olson, Poole & Envall to ensure the best outcome for your case. Together, we can help protect your family and livelihood.
At Olson, Poole & Envall, our lawyers are experienced in a wide range of family law issues — including divorce, child custody, and protective orders arising from domestic abuse. Get in touch with our law office today to have one of our top family law attorneys walk you through your rights and options in a free consultation.
130 West Superior St.
Duluth, MN 55802