Family law disputes are fraught with tension, often leading to poor decisions and years of arguments over money and “who gets the kids when.”
In many cases, it can feel like the person with the strongest attorney will win, because the law is flexible, the judge has discretion, and, thus, your attorney’s skills matter. How can you get through your divorce, paternity or restraining order case in one piece?
There are many good family law attorneys out there. But each attorney is unique in his or her approach, and at Nicholson Goetz & Otis, S.C., it’s our trial experience that sets us apart. When a divorce case makes it to trial, having an attorney who is fearless in court can make a difference in the outcome of your case and in your future.
Founding attorney Jessa Nicholson first became involved in family law issues because of her work as a criminal defense lawyer. She noticed a pattern of sexual misconduct allegations that were combined with family law issues.
These allegations were sometimes true, but sometimes an attempt to gain leverage during a divorce dispute. To offer thorough and comprehensive legal representation to her clients, she began handling both areas of law.
We also represent clients in juvenile family court matters. We have in-depth knowledge of the juvenile justice system and help minors achieve the best possible results when facing criminal allegations.
Minors accused of crimes such as shoplifting, possession of a fake ID, vandalism, DWI, and minor in possession are treated differently from adults. In more serious matters such as homicide, rape and sexual assault, however, juveniles can be tried as adults.
We have the knowledge, experience, and resources to handle even the most serious matters.
Legal matters that affect families are some of the most stressful situations our clients go through. It’s natural to have questions and concerns about your specific case and the legal system in general. Below are some of the most common questions we receive at Nicholson Goetz & Otis, S.C. Reach out today for more information and to get answers to questions of your own.
In Wisconsin, couples may go through either a contested or an uncontested divorce. A contested divorce refers to a divorce proceeding in which spouses disagree on one or more outstanding issues, such as property division, child custody, or spousal support, requiring the court to hold a hearing to consider the parties’ evidence and arguments and issue a binding ruling.
Conversely, an uncontested divorce refers to a proceeding in which the parties have agreed on all the issues in their divorce, either through a prenuptial, postnuptial, or divorce settlement agreement. In an uncontested divorce, the court reviews the parties’ agreement for fairness and compliance with state law, and can incorporate the approved agreement’s terms into the final divorce decree.
Wisconsin courts must determine child custody arrangements based solely on the child’s best interests. Courts will consider various factors to determine what’s in the best interests of a child, including:
A court may award spousal maintenance to a spouse who requires financial support to afford their living expenses after divorce. Divorces may involve spousal maintenance when the parties have substantially disparate earning capacity or when one spouse left the workforce to become a homemaker or child caregiver. Some of the factors that courts consider when determining whether to award spousal maintenance and the amount and duration of an award include:
When a party wishes to modify or terminate a child custody or spousal/child support order, they must show that the family’s circumstances have substantially changed since the entry of the current order. After a party demonstrates altered circumstances, the court will reevaluate an order based on the same factors it considered in issuing the prior order.
Wisconsin uses a community property system for dividing property in divorce. Under the community property system, parties may keep any property they acquired before their marriage and particular property acquired during the marriage, including an inheritance or a gift from a person other than their spouse. All other property acquired during the marriage becomes marital property subject to division.
Wisconsin’s community property system imposes a presumption in favor of equally dividing marital property between spouses. However, courts may deviate from this presumption based on factors such as the length of the marriage, the property each spouse brought to the marriage, and the respective contributions of each spouse to the marriage, including through homemaking and childcare.
To discuss your family law case in a free 30-minute initial consultation at our Madison law office, please call 608-420-2616 or contact us online.
We also offer off-site, evening, and weekend visits upon request.
