Further complicating these cases is the role that emotion plays when dealing with family law matters and your closest relationships. It can cloud judgment, disrupt compromise, and add fire to heated disputes.
Considering the complexities of family law and how the concepts, retaining knowledgeable legal counsel is critical. You have rights to protect, as well as possible responsibilities associated with these relationships. Karp & Iancu, S.C. is dedicated to helping you overcome challenges, as family law is our firm’s primary focus. Please contact our firm today to schedule a complimentary consultation with one of our Fox Point family law attorneys. You can also read on to learn more about our legal services and how we support your needs.
Skilled Representation with All Types of Family Law Cases
While it may be a broad area in the practice of law, our team has in-depth knowledge of the laws and decades of combined experience handling the details of family law cases. We are prepared to provide essential legal support in connection with:
Spouses will separate their financial and legal interests when dissolving their marriage, so they must address property division and alimony. Wisconsin is a community property state that requires all marital assets to be divided equally between the parties; separate items belong to the individual.
Either spouse can request spousal maintenance to create financial balance, and a court may award alimony to the lower earning party. The judge will analyze various factors when determining the type, duration, and amount.
Issues Related to Minor Children:
Parents have rights and responsibilities regarding their children, regardless of whether they maintain an intact relationship. As such, child custody, visitation, and support will come up in divorce and paternity proceedings. Determinations on custody and parenting time for the non-residential parent must be made in accordance with the child’s best interests. Child support is set by statutory guidelines, which encompass the percentage of income standard.
Paternity and Parental Rights:
When a child’s parents are married, there is a legal presumption that children born to the marriage are their offspring. An unmarried father OR mother would need to establish paternity via the other three methods:
- Voluntary Acknowledgement of Paternity: Unmarried parents can sign this official document, in which they agree on the identity of the father.
- Paternity Lawsuit: Either parent can file a court case to have a judge decide paternity. With adjudication of parentage, DNA or other genetic testing is key evidence.
- Legitimation: When parents get married after the child is born, they can make paternity official through legitimation. This involves signing an Acknowledgement of Marital Child.
The court’s final divorce decree is a legally binding order, so there are tools for enforcement and possible penalties for violations. As such, legal proceedings may be necessary for:
- Enforcing the court order when a party fails to pay alimony or child support, or a parent disrupts the custody and visitation arrangement;
- Modifications, when a substantial change of circumstances makes the current court order impractical or impossible; and,
- Child relocation if the parent with residential custody wants to move, a scenario that impacts custody, visitation, and support.
When a family court decision contradicts your interests and you believe it was issued in error, it may be possible to request review from an appellate court.
Though it may not sound like the most romantic topic as you prepare to walk down the aisle, there are numerous benefits for both parties when they have a prenuptial agreement. In this document, you can make determinations on property division and alimony while you still get along.
Assault is always a crime, but Wisconsin law provides additional protections for situations of domestic violence. An individual can obtain a restraining order, on an emergency basis if necessary.
Legal Options with Family Law Cases
While these matters may be official legal proceedings, not all family law cases must go to court for resolution. Our Fox Point family lawyers at Karp & Iancu, S.C. can explain other options for addressing relevant issues, such as:
- Agreements: Almost any family law issue can be worked out via agreement of the parties, and the document becomes part of a court order. When the issue involves children, the judge will review the arrangement to ensure it serves the child’s best interests.
- Mediation: Parties may opt to mediate their disputes, but a court will likely order it in appropriate situations. The proceeding is overseen by a trained mediator who guides the parties in productive conversation about their conflict.
- Collaborative Divorce: With this approach to divorce, the parties and their respective lawyers attempt to settle issues out of court via a series of settlement conferences.
If you are unable to resolve family law issues through other methods, you will need to go to court for a contested hearing. The proceeding is similar to a trial, so you can count on our firm to develop a solid legal strategy, present evidence to support your position, and advocate on your behalf during litigation.