Milwaukee Family Law Blog

Tips for divorce mediation

On behalf of Stephanie Benske of Brazil & Benske, LLC posted in divorce mediation on Monday, May 20, 2019.

Although it is challenging to go through a divorce in Wisconsin, mediation is one way to decide on important things without the big price tag or stress of court litigation. Couples who decide to go through mediation can benefit from certain tips and advice. While this process is beneficial for many couples, it is also important to understand when mediation may not be the best route.

According to Money Crashers, a mediator can help a couple navigate the divorce proceedings in an amicable and fair way. Not all mediators have the same qualifications or experience. When choosing a mediator, the following tips can help you find a good quality one.

Ask for recommendations from personal and professional contacts
Ask mediator about educational background and training
Make sure the mediator understands ABA standards
Try to hire someone with a decent amount of mediation experience

What is an emotional affair?

On behalf of Stephanie Benske of Brazil & Benske, LLC posted in divorce on Thursday, May 16, 2019.

Infidelity is considered a deal breaker for most married people. However, cheating doesn't always involve a physical aspect. Emotional affairs are those where two people form emotional bonds outside of their marriage that threatens their union. Very Well Mind explains some of the warning signs of an emotional affair.

Keep in mind, many emotional affairs begin as harmless friendships. As the bond between two people strengthens over time, more and more problems arise within a marriage. For example, a spouse may be less interested in talking with his or her partner or sharing thoughts and feelings with the person. Conversely, the person carrying on the emotional affair will find it exceedingly easy to share with their most intimate thoughts with the friend, who is really an object of affection.

How is art work divided during a divorce?

On behalf of Stephanie Benske of Brazil & Benske, LLC posted in property division on Sunday, May 12, 2019.

Whether you're a collector or an artist, works of art likely hold quite a bit of value you in your life. That's why it can be so difficult for divorcing couples to decide who gets what when the marriage ends. While the property division rules in your state will apply, Art Law Journal offers the following advice if you're concerned about valuable pieces falling into the wrong hands.

First and foremost, you'll need to recognize which items are actually in play. Pieces collected or created before or after your marriage will not be included during the asset division process. Anything that you bought or created during the course of your marriage will be up for grabs, however. This includes pieces in your possession and pieces currently being displayed in galleries or elsewhere. Also, any pieces you've sold might also be considered, especially if they garnered quite a bit of money.

Dealing with jointly owned credit cards during divorce

On behalf of Stephanie Benske of Brazil & Benske, LLC posted in high asset divorce on Wednesday, May 1, 2019.

The danger of owning a credit card with your spouse while you are in the midst of a divorce is that you could end up on the hook for expenses generated by your spouse. With property and asset division on the horizon, the last thing you want is to be saddled with more debt. That is why in the beginning stages of any divorce in Milwaukee, one of the first steps to take is to separate your credit cards from your spouse.

According to Creditcards.com, cancelling credit cards you own with your spouse is one way you can be sure that you will not run up more debt. However, sometimes a person might forget about a card or two. It is not uncommon for some people to forget about some of their assets, so if you have any doubts, you may want to ask for help in tracking down all of your accounts so you do not end up with a nasty debt surprise later on.

What are some signs that a marriage is headed towards divorce?

On behalf of Paulette Brazil of Brazil & Benske, LLC posted in divorce on Monday, April 29, 2019.

Marriage can be hard work, but it's worth it when two people love and support each other. For some couples, problems may seem insurmountable, which means divorce will be on the table. Business Insider explains some of the common signs that a marriage is reaching its end. With this information, couples can decide whether they want to take steps to preserve the marriage or if it's time to get in touch with a divorce attorney.

Problems with communication are often a huge indicator that a marriage is in trouble. A lack of communication can evolve over time to become indifference, at which point neither party may be invested in saving the marriage. Even when two people are living together they may not be engaging as a married couple. At this point, it's likely that the marriage will end in divorce since both parties have seemingly given up on trying to fix the marriage.

4 steps of stepparent adoption in Wisconsin

On behalf of Stephanie Benske of Brazil & Benske, LLC on Saturday, April 27, 2019.

Being a stepparent is rewarding. If you feel a true connection with your stepchild, you may want to go through the formal adoption process. Forming a legal family by adopting a stepchild brings many benefits. Your child receives an inheritance when you pass away. Your child receives a new birth certificate with your name and will feel more included in the extended family. You can make health care decisions for your child.

However, stepparent adoption requires legal proceedings and can involve potential complications. Here is a basic guide to stepparent adoption in Wisconsin.

What to do if a spouse refuses mediation

On behalf of Stephanie Benske of Brazil & Benske, LLC on Thursday, April 25, 2019.

Couples can pursue divorce in several ways. One of the most popular and recommended is mediation with a third-party, mainly because it allows both spouses to air out their grievances. With mediation, the couple can spend less time in the courtroom, allowing them to save both time and money.

Although the collaborative process of mediation offers many advantages, some people will simply not want to go through it. Some may not be comfortable talking with a stranger about every aspect of the separation. Perhaps they would rather fight it out in a courtroom rather than discuss their feelings. It can feel frustrating when you want to go through mediation, but the other spouse refuses. Fortunately, there are some steps to take first.

Relocating with kids after a Wisconsin divorce

On behalf of Stephanie Benske of Brazil & Benske, LLC posted in child custody & support on Wednesday, April 17, 2019.

Like others in Wisconsin who get divorced, you may find yourself wanting to move to pursue new job opportunities, to be closer to family or just to achieve a fresh start. As a parent, however, you cannot just pack up and go if your child is subject to a custody order. We at Brazil & Benske LLC understand the state’s procedures for relocating with minor-aged children and have guided many parents through the process of obtaining legal permission for a move.

Under Wisconsin state law, you will need approval from the court if you have shared custody of your child and you plan to move 100 miles or more from his or her other parent. This is the case provided you were not already living 100 miles or more apart at the time of your most recent custody order.

Infidelity and spousal support

On behalf of Stephanie Benske of Brazil & Benske, LLC posted in alimony on Friday, April 5, 2019.

In recent decades, infidelity has become increasingly common in marriages. When a spouse cheats, this often results in a divorce. However, many different questions may arise, both for the spouse who was cheated on and the one responsible for having an affair. This can affect a person’s life in various ways, but in this write-up, we will look into some of the ways in which it can impact spousal support.

First of all, it is essential to be aware that the laws vary from state to state. For example, in some places, if a person was cheated on by their ex, this could affect whether they have to pay spousal support. Moreover, some states take an affair into consideration when deciding whether or not someone is required to pay alimony to their ex. For example, if someone cheated on their spouse, this may influence the spousal support obligations they will have after the divorce.

Methods for establishing paternity in Wisconsin

On behalf of Stephanie Benske of Brazil & Benske, LLC on Tuesday, April 2, 2019.

Establishing paternity is important for a few different reasons. Along with ensuring the proper parties provide the necessities for the child, it is also important for the child to have a sense of identity.

Unfortunately, there are a number of different instances where either the mother or father must seek to determine paternity for a child. Particularly in the state of Wisconsin, there are a few different methods to establish paternity.