BENEFIT OF HIRING A FAMILY LAW ATTORNEY
March 29, 2024
In times of economic downturn, it can appear that hiring an attorney for your divorce or paternity matter is too expensive of an investment. In Wisconsin, anybody can file a divorce, paternity, or other family law related matter without an attorney. It is an especially attractive idea when the other parent or party in the action appears to agree with all the issues that may arise in family law related matters. However, things can quickly change in family law cases (which includes divorce, initial paternities, requests to change placement, custody or child support, or requests to change maintenance or alimony, etc.). Hiring an attorney can be an extremely helpful investment in the following circumstances:
- Attorneys who commonly practice in the family law area are familiar with what Court Commissioners and Judges expect to hear in these cases. For example, if you are requesting a change in placement, the Court will need to understand when the last order regarding placement occurred, and the type of change that may have occurred to show why a change may be in a child’s best interest.
- Attorneys know what paperwork needs to be filed to effectively use your Court time and ensure that your case is heard. For example, some counties require specific documentation to be filed to get a court date in a divorce proceeding.
- Attorneys know why certain agreements may be very helpful to avoid returning to court, or may have unintended, negative consequences. For example, if parties agree to divide a 401k in a divorce, certain, specific paperwork is needed to divide the 401k without incurring penalties or incurring avoidable tax consequences to either party.
- In cases involving domestic violence, having an attorney can ensure appropriate communication, or even avoid the need for a victim to communicate with an abusive partner. Family law attorneys can help navigate restraining orders between parties as well.
- Attorneys can help educate parties as to what goals can reasonably be accomplished in a Court action and help inform parties as to more resources that may be available to families outside of having a trial in front of a judge. For example, parents may benefit from a therapist’s assistance to help parent better communicate and work together for the benefit of the children. The input from a therapist may be more helpful to these parents than what a Judge may order.
- Attorneys can be helpful in providing possible solutions that will likely be approved by a Court Commissioner or judge. For example, an attorney knows what factors to look for in determining what a child support order should be and may be able to obtain more information regarding the other parent’s income if that parent is uncooperative. The attorney will also understand how information regarding income and placement time is used to determine an appropriate child support order.

- Some decisions made during an initial action cannot be changed or are difficult to change, so if you do not have an attorney you might make a mistake that cannot be undone!
These are just a few examples of how hiring an attorney can be very helpful and even necessary in navigating a family law matter. As is often the case in legal matters involving the family, these issues can be very emotional for parties. Attorneys who practice family law understand that these cases can feel overwhelming and even scary because these issues are so important to the parties involved. It is an attorney’s job to offer expertise in the legal process and offer rational advice to their clients. Making well informed decisions can help you avoid coming back to Court in the future and can help parties confidently move forward with their lives. If you feel you could benefit from the advice of an attorney in your family law matter, please call Kaminski & Pozorski located in Manitowoc, Wisconsin at (920) 684-6694 to schedule a free initial consultation to discuss your case.
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If you’re going through a divorce in Wisconsin, you may be wondering: Can my spouse (or I) get more than half of our assets? The answer is yes — depending on the circumstances. Wisconsin is a marital property state , which means courts start with a 50/50 split. But that’s only a presumption , not a guarantee. Here’s when a spouse can get more than 50% in a Wisconsin divorce. When Courts Award More Than 50% of Assets Wisconsin judges can divide property unequally if an equal split would be unfair. Common reasons include: 1. Major Premarital Assets If one spouse entered the marriage with significantly more property, a court may award them a larger share. 2. Short Marriage Short-term marriages often result in uneven division, especially when one spouse contributed more financially. 3. Large Difference in Earning Capacity If one spouse earns far more or has greater future earning potential, the other may receive more than half. 4. Age or Health Issues A spouse facing disability, illness, or limited future income may receive a greater portion of assets. 5. Wasting or Hiding Assets If a spouse gambled, hid, or improperly spent marital funds, the other may be compensated with a bigger share. 6. Contributions to Career or Household Spouses who supported the other’s education, career, or stayed home with children may be awarded a larger portion. What About Inheritances or Gifts? Individual inheritances, gifts, and certain personal injury awards are normally excluded — unless they were mixed with marital funds, in which case they may be divided. Bottom Line A 50/50 division is the starting point, but Wisconsin courts can — and often do — adjust property division for fairness. Yes, a spouse can absolutely receive more than 50% of the assets. Contact Us If you’re in Manitowoc, Green Bay, Appleton, Sheboygan, Kewaunee, or the surrounding area and need assistance with holiday visitation, parenting plans, or family law matters, please contact Kaminski & Pozorski at (920) 684-6694 for a free consultation.
Navigating the Crossroads: Key Decisions When Considering Divorce in Wisconsin Deciding to end a marriage is one of the most significant and emotionally challenging choices a person can make. It involves careful consideration of personal, emotional, and legal factors. If you are in northeastern Wisconsin and contemplating divorce, understanding the legal landscape and your options is crucial for protecting your interests and your future. Kaminski & Pozorski , a local firm in Manitowoc with over 40 years of experience, specializes in guiding clients through these difficult times with both expert legal counsel and compassionate support. Critical Questions to Ask Yourself Before moving forward, take time for self-reflection and consider these essential questions: Have communication and trust broken down completely? While some issues can be resolved with counseling, a persistent lack of trust or an inability to communicate effectively can be strong indicators that the marital bond has irrevocably weakened. Are your fundamental values and future goals misaligned? People evolve, and sometimes spouses grow in different directions. If your core values or vision for the future are no longer compatible, divorce may be the most authentic path forward. How will this impact my well-being and my children? You must balance your own needs with the impact on others. Consider how the current marital stress affects your children and whether a different family dynamic, post-divorce, might be healthier for all involved. Have you exhausted all other options? For some, marriage counseling or a trial separation can provide the clarity needed to make a final decision. Am I prepared for the financial realities? Divorce can lead to a change in the standard of living or financial independence. Gathering information about your financial situation is a critical preparatory step. Legal Considerations in Wisconsin Wisconsin is a no-fault divorce state, meaning that the court does not consider marital misconduct (like affairs) when granting a divorce; the only requirement is that the marriage is irretrievably broken. However, significant legal issues remain to be addressed, including: Property Division: Wisconsin is a community property state, meaning assets acquired during the marriage are generally divided equally. Child Custody and Placement: The court's primary concern is always the best interests of the child when determining legal custody and physical placement schedules. Spousal Support (Alimony) and Child Support: These decisions are based on specific guidelines and individual circumstances. The Importance of Legal Guidance Deciding whether to divorce is a personal journey, but the process of a divorce requires experienced legal guidance. An attorney can help you understand your rights, navigate complex legal procedures, and advocate for your best interests. Kaminski & Pozorski often encourages clients to consult with them six to eight weeks before filing for divorce to help identify key issues early in the process. If you are in Manitowoc, Green Bay, Sheboygan, or the surrounding area and need assistance with family law matters, the team at Kaminski & Pozorski is ready to guide you through every step of the process. Contact their law firm today for a free consultation at (920) 684-6694 to confidentially discuss your options and determine the best path forward for you and your family.
At Kaminski & Pozorski in Manitowoc, Wisconsin, our family-law team has decades of experience guiding parents through the complex terrain of holiday visitation, custody agreements, and the unique challenges that arise during the end-of-year season.
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At a minimum, there is a mandatory 120-day waiting period between filing for divorce and the earliest possible finalization. However, unless you and your spouse have already reached a full agreement on all major issues, most divorces take significantly longer. There is much to work through from the initial filing to the final divorce decree.
Are you facing a family law issue in the state of Wisconsin? Whether you’re going through a divorce, dealing with child custody issues, or navigating a complex adoption process, it’s important to have a knowledgeable and experienced attorney on your side.
