Making the Divorce Process As Efficient As Possible

In Wisconsin you may file for divorce or legal separation. Please contact our attorneys to discuss the differences and which would apply in your situation.

One of the biggest concerns of your divorce may be custody and placement. Legal custody involves the decision-making regarding your children, while physical placement involves where your children will reside.

Custody refers to the parent’s right to make major decisions for a child. Types of decisions that are covered by custody include health care, education and religion. In the best interest of the child, however, the court may grant joint custody, which means both parents have a say on the important decisions concerning their child.

Placement refers to the period of time a child spends with both parents. One party may be awarded primary placement, while the other parent will have shared placement or at least 25% of the time spent with the child. In cases where there are two or more children involved, the court may award split placement so each parent can have at least one child under their care.

Parents and children alike may have preferences for custody and placement. Our attorneys will work to help you clearly voice those preferences to the court. Sometimes, these preferences can impact the final custody order. If circumstances change, we can advise you regarding a modification.

When parents separate, children typically face a myriad of changes. However, child support can prevent these changes from affecting their financial security. Although your child may or may not be old enough to speak their mind, they are too young to protect themselves.

Wisconsin courts consider several factors when computing child support payments, such as:

• The income of each party

• The amount of time each parent spends with the children and child placement

• Whether one or both parents are supporting other children

• The number of children that require support

• The child’s specific needs, which may include special medical care

While child support is often viewed in terms of a payer and a recipient of support, it is important to understand that both parents are financially responsible for their children. Parents should realize that child support is not about them; it is about their child’s well-being.

Additionally, an individual may file for a modification of a child support orderor alimony agreement if one party can demonstrate changes in income, job status and other similar circumstances. Regardless of the changes and challenges you face, our lawyers are here to assist you.

Burbach & Stansbury S.C. has extensive experience in child support and family law cases. Although courts follow standard legal procedures to calculate support orders, we can make sure that the court has complete information so that the order is fair and accurate.

Alimony cases, also known as maintenance or spousal support, have a reputation for being contentious arguments. Ideally, alimony should provide for the receiving party’s needs while staying fair to the paying party. What is needed and fair, however, is different for each family.

We will work closely with you to determine and achieve the most favorable spousal support outcome for your unique situation. Whether you seek alimony or wish to reduce your spousal support payments, we will prioritize your goals. We can also help you enforce or modify an existing spousal support order.

We will evaluate several aspects of your case, including:

• Your lifestyle during marriage

• Your current and future financial obligations

• Your medical needs

• You and your former spouse’s current and probable future earnings

When standard approaches to spousal support do not fit your situation, we have the ability and experience to advocate creative alternatives.  At Burbach & Stansbury S.C., we understand that no two family law cases are the same. While some law firms will approach each alimony case in the same way, our skilled attorneys welcome the opportunity to learn the ins and outs of your situation to provide a customized strategy for you.

When couples divorce, they must divide their assets and debts. In Wisconsin, everything a married couple acquires before and during the marriage is considered divisible property, which is presumed to be divided equally – even if one spouse earned or spent more of the money.

If you are contemplating or going through a divorce in Wisconsin, you are likely – and understandably – concerned about your assets. At Burbach & Stansbury S.C., our Milwaukee divorce attorneys are well-versed in protecting all assets. We can help you navigate the divorce process and work to protect your interests and your future.

You can protect your property as much as possible from the asset division process if:

• You have a prenuptial or postnuptial agreement that defines property ownership or division

• You have assets that were gifts or inheritance from a third party, and you kept these assets separate from the marital estate

• The circumstances of your case call for a variation from the standard rules, such as if you contributed a significant share of property to the marriage.

We can help you optimize your estate in divorce no matter how complicated or simple the assets may be. Our lawyers have experience with dividing and protecting businesses, and we work with you to develop sophisticated asset division strategies.

We believe that property division in a divorce is more than simply dividing assets. Rather, it is a financial plan that needs to protect you now and in the future. Navigating the divorce process can be complex and emotionally demanding. Regardless of your particular situation, it is wise to speak with an experienced divorce attorney who can help you understand your options and protect your rights and finances. We can help you find creative solutions that are tailored to your unique situation.

When facing a divorce or legal separation, one of the most important aspects is the division of assets. In cases where one or both of the spouses own a business, its value can make a significant difference in how all will be divided.

Undervaluing or overvaluing a business could lead to an unfair divorce award or settlement. The family law attorneys at Burbach & Stansbury S.C. can help you keep the scales balanced. You can work alongside experienced legal professionals who know how to ensure that business interests are properly valued and allocated.

Accurately Estimating A Business’s Value

Many different factors influence how much a business is worth, such as:

• Market share and control

• Security

• Earnings and cash flow

• Susceptibility to economic conditions

• Position in the overall market

Understanding the business’ value makes a significant difference in property division, child support and alimony. Whether you are able to settle your divorce case or go to divorce trial, it is important that you have a legal team on your side that has the experience to address complex business matters.

Because each case is different, we take the time to fully analyze the details of your business’s value. With many professional accolades, our firm can ensure that you are provided with an accurate business valuation so that you can proceed with complete information.

More and more families have assets, jobs or income in other parts of the world. In divorce and other family law cases, the legal issues can be more complicated when international borders are involved.

Not all attorneys are experienced with international family law cases. The family law attorneys at Burbach & Stansbury S.C. however, are prepared for these complex cases. With our knowledge and experience, you can rely on us for skilled guidance no matter where you or your assets are located.

Our attorneys provide sophisticated legal counsel in a variety of cases, including:

• Property division in divorce – If you own property, businesses or accounts in other countries, they will likely still be susceptible to asset division. You must accurately value and allocate all marital property.

• International relocation – When a parent wants to relocate to another country, either alone or with their child, they might need to seek court approval. If the parent is bound to a child custody agreement or visitation order, the court may choose to deny the move.

• Spousal support and child support issues – Holding assets in international accounts will not excuse parents from alimony or child support obligations. International family law cases are often difficult. Our lawyers can advise you regarding all aspects of your family law issue.

It is not unusual for parents with children to live in different states or move children from a state where the other parent resides. There are specific rules and guidelines for these matters. Jurisdictional family law cases are often difficult. Our lawyers can advise you regarding all aspects of your family law issue.

Establishing paternity is crucial for decisions involving child custody, physical placement and financial support when parents are unmarried. Establishing paternity also allows your child to have legal rights to financial support, benefits, potential inheritances and access to the family health history of his or her biological father.

At Burbach & Stansbury S.C., we have a team of family law attorneys that has a proven track record of handling paternity cases with a high level of success. We understand that you want the best for your child, which may require effective family law tools.

Paternity could be necessary if you are a father who wants to have a relationship with the child you believe is yours, a mother who needs child custody and support agreement, or an unmarried couple who wants to protect the child’s future.

In Wisconsin, paternity is established through one of three ways:

• Court ruling – When parties disagree, they can bring the case to court. The judge can order genetic testing to establish paternity.

• Voluntary paternity acknowledgment – If neither party contests the paternity of the father, both parents can sign a form after the baby’s birth to formalize paternity. It does not matter if the parents are married or not. This form will allow for the father’s name to be put in the child’s birth certificate.

• Acknowledgment of marital child – If the mother and father get married only after the child is born, both parents may sign this form to establish paternity.

When paternity is established through any of these methods, both parents must follow any custody, visitation and child support court orders. We help unmarried parents understand their rights and obligations.

Circumstances in life can fluctuate and change. If these changes affect your child, an existing custody or placement agreement might no longer suit his or her needs. Alternatively, the other party might infringe upon your rights to see or care for your child.

The seasoned family law attorneys at Burbach & Stansbury S.C. can assist you with modifying or enforcing your placement agreement. Our principles of compassion, honesty, dignity and respect help us support parents who are dealing with these legal challenges.

After finalizing the first placement order, life can change in many ways. Therefore, Wisconsin allows parents to revisit their child custody and placement agreement under certain circumstances. As with the original order, all changes must be in the best interest of your children – even if parents agree on the modification terms.

Common circumstances that may warrant modification include:

• One parent needs to move for a new job, relationship or career opportunity

• There is a reason to believe that the child is in physical or emotional harm

• There is a significant change in the child’s behavior or grades

• A substance or physical abuse problem

• The schedule is no longer practical or workable

Your relationship with your child is important. If your former spouse refuses to follow the child custody and placement order, our family law attorneys can explain your options.

Whether the other person is withholding your visitation rights or refusing to pay their share of child support, we are committed to helping you enforce your agreements. We may even seek to impose rightful penalties on the other party.