Brazil & Benske, LLC

Milwaukee Family Law Blog

Unique challenges with high-asset divorce

Sometimes, bringing a marriage to an end can be incredibly tough and there are certain factors, such as whether or not children are involved, which can further complicate matters. However, some people may face additional challenges when they decide to split up with their spouse, such as those who have a high net worth. If you are preparing for a high-asset divorce, it is essential to understand some of the ways in which your experience throughout the divorce process may be more difficult and prepare accordingly.

Not only does a high-asset divorce often involve so much more at stake, from a financial point of view, but the process of distributing marital property can be more complicated and time-consuming. After all, with sizable assets it can be trickier for the court to decide how property should be split up and emotions can run high, leading to contentious disputes which drag on in the courtroom.

How relocation affects children

Parents in Wisconsin who have gone through a divorce and have agreed on a child custody situation may think it is all settled. However, things change when one parent wants to relocate out of state. Not only may the custody agreement change, but the parents should also consider how the move could affect the child long term.

According to the Wisconsin State Legislature, the parent who is relocating must provide a written notice to the other parent at least 60 days before the move would potentially take place. That parent can then either give consent for the move or object. The parent who is relocating may not move with the child until final order of the court is received.

Does unpaid child support affect my passport?

If you are struggling with child support, you might be worried about how this predicament could affect your future. From damage to your reputation to problems with your child's other parent and even the threat of arrest, there are many reasons why falling behind on child support can be stressful. Moreover, back child support can create stress and financial hurdles for parents who are supposed to receive payments as well. On top of these issues, child support delinquency can interfere with a person's life in other ways, such as preventing them from obtaining a passport.

According to the U.S. Department of State, those who have $2,500 or more in unpaid child support are not able to successfully apply for a U.S. passport. In order to regain their eligibility, child support arrears must be paid first. It is also important to point out that it can take several weeks for a person who is in this position to receive their passport after paying arrears. Without a passport, people may face a handful of problems, such as missing out on an important event overseas, canceling vacation plans that they have been looking forward to for years, and missing out on crucial business meetings.

How do I co-parent with my ex and maintain my sanity?

If you’ve just gone through an acrimonious divorce, you may be experiencing a multitude of unpleasant feelings. You might be angry with your ex and exasperated at your joint custody arrangement—which not only takes you away from your kids three days a week, but also forces you to maintain some kind of civil relationship with a person you want nothing more to do with.

It feels like your world is falling apart, and now you have to play nice with the person who caused you a world of hurt. While this task may seem insurmountable, couples all across the country manage to achieve this every day—and you can too. Today we provide a few tips to making joint custody work for you:

Avoid common but critical errors in a high net worth divorce

Divorce is certainly not a pleasant experience, and in order to get through it, some people make decisions in haste that they later regret.

If you are facing a high-asset divorce, making a simple mistake in judgment could affect your future for a very long time. Here are four common but critical errors to avoid.

Divorce and the baby boomer crowd

When researchers divided divorcing couples into groups based on age, it turned out that one in four people is in the 50-and-over group. This is a marked increase: In the 1990s, only 10 percent of people getting divorced were members of this age group.

Times have changed and so have relationships. Older people have the advantage of their years in that many have already experienced divorce and remarriage. Depending on their circumstances, some find a second divorce liberating, while some find it devastating.

Legally establishing fatherhood in Wisconsin

Some individuals may not be aware that fathers do not have automatic paternal rights to children when they are born. Often times, this becomes an issue during a separation when a father wants rights to his children, or when a mother seeks child support.

In such cases, the parents must obtain a determination of paternity. In the state of Wisconsin, there are a few different ways to complete this process.

Stepparent adoption creates a legal family framework

If you and the child you wish to adopt are already close, that rapport may make you feel you that are already the child’s parent. However, there is a legal process to go through to make adoption official.

In Wisconsin, bringing the family together through an adoption comes with requirements, benefits and responsibilities.

Is mediation the solution for ending your long marriage?

Mediation has steadily been gaining ground over the traditional divorce court proceeding. It is highly popular among couples who are either approaching middle age or are well into that phase of their lives: They see it as a more civilized way of ending marriage.

Mediation is also a more economical choice, as the whole process can be over in a timely fashion. There is no resemblance to a protracted divorce court timeline, where the final gavel may not come down for a year or more.

Common fears when facing divorce

When the decision has been made and you know that divorce is in your near future, it's not unusual at all to be anxious about where the next steps in your life will lead you. Divorce is never an easy process, whether it's amicable or not, and you aren't alone in having fears about your future and changing circumstances.

While the details of your divorce are unique to your situation, there are a few common fears that most people experience as the divorce process gets underway. As experienced family law attorneys, we have had the opportunity to address many of these concerns with spouses who are going through a divorce and wanted to share some reassuring advice about two of the questions we hear most often:

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