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Milwaukee, WI divorce lawyer for pet ownershipBy Attorney Max Stephenson

Pet owners can be very attached to their animals, and a growing trend in the United States is to treat pets more like family than property. So, when a Wisconsin couple is facing divorce, the question naturally arises: “Who gets the pet?” When it comes to divorce, Wisconsin state law still considers pets as property, and therefore, they are included in the division of the couple’s assets and liabilities. This means legally, the pet is assigned to one or the other spouse, and since the pet is considered property, there are no court-sanctioned custody or visitation rights.

A 50/50 State

Wisconsin is considered a community property state, which means all marital property in a divorce (or legal separation or annulment) is divided 50/50 between the two partners. As stated above, this normally means the pet will be awarded to one or the other spouse. However, the 50/50 split excludes property that was given as a gift to either spouse separately or property that was inherited separately. Therefore, if the pet was a gift to one of the spouses or, for example, the pet was inherited from a parent, this might be grounds for the pet to be awarded to one spouse over the other.

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Milwaukee gun crime defense attorney

By Attorney Max Stephenson

Issues related to child custody are often the most difficult part of a divorce. Parents must learn to balance not wanting to live under a different roof than their children and wanting the best for their kids. Determining the best way to address these issues can be challenging for a judge to determine. They must look at every facet of the child’s life and factor in each parent’s ability to meet a child’s needs. In most situations, parents will have shared or joint custody of their children. In these cases, parents will share in the right to make decisions about how to raise their children, and the children will typically spend significant amounts of time with each parent.

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Milwaukee, WI LGBT divorce attorney

By Attorney Max Stephenson

While same-sex marriage has been legal for several years in Wisconsin and nationwide, some novel and difficult issues related to same-sex divorce continue to be considered by the courts. Those going through a same-sex divorce should be aware of these issues and the possible outcomes that may result.

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Posted on in Divorce

Milwaukee, WI divorce decree modification attorneyAs the saying goes, the only thing that is constant is change. While your initial divorce decree may have worked for you and your family at the time, these orders may need to be updated throughout the years, and it is important for divorced spouses to understand the processes that must be followed when making post-divorce modifications.

People may seek changes to child custody, child support, and spousal maintenance orders. Circumstances leading to a change in child custody orders include:

  • Parent relocation
  • A parent re-marrying and/or the addition of half-siblings or step-siblings
  • Changes in children’s schools
  • Changes in children’s extracurricular activities
  • The emergence of a child’s medical condition

Alimony and child support modifications may be granted if there has been a change in the payor’s income. Child support modifications may also be granted if the child requires more or less support or if changes to child custody arrangements have increased or decreased the amount of time a child spends with a parent. 

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Milwaukee family law attorneys, child custody rights, non-parent custody, legal guardianship, parental responsibilitiesDecisions about the custody and placement of children are often a factor in divorce proceedings or in cases where parents are unmarried. However, there are also situations where someone other than a child’s parents are closely involved in raising children. Non-parents who wish to obtain child custody rights for children in their care should be sure to understand how Wisconsin law applies to their situation.

Child Custody for Non-Parents

When making decisions about child custody, Wisconsin courts will act in the best interests of the child. In some cases, custody may be awarded to a child’s relative if the court finds that “neither parent is able to care for the child adequately or that neither parent is fit and proper to have the care and custody of the child.” Eligible relatives may include grandparents, aunts, uncles, stepparents, cousins, or siblings.

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Milwaukee family law attorneys, divorce process, domestic violence,restraining orders, joint legal custodyDivorce is rarely an easy or simple process, but it can become much more complicated when domestic violence is a factor. In these cases, it is incredibly important for victims to receive the protection they need. In Wisconsin, domestic violence can affect the divorce process in the several ways.

Restraining Orders

A victim of domestic violence who plans to divorce his or her abuser may receive protection through a domestic abuse restraining order. Wisconsin law defines domestic abuse as the threat or infliction of harm or physical injury by one adult to another when the adults are members of the same household, are former spouses, or have a child together. Stalking and damaging personal property are also forms of domestic abuse.

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voluntarily unemployed, child support, Milwaukee family law attorneys, non-custodial parent, Wisconsin child support calculationsWhether married, unmarried, or divorced, parents are legally obligated to provide financial support for their children. Parents must ensure that their children have the resources needed on a day-to-day basis, including food, shelter, clothing, and other basic requirements.

Child support is based on the income that a parent earns, and it is typically paid by a non-custodial parent to a custodial parent. When parents experience an increase or decrease in the amount of income they earn, they should be sure to understand how these changes will affect their child support obligations.

Wisconsin Child Support Calculations

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