Image of a couple discussing their divorce with a lawyer

Is Divorce Mediation Right for You?

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Is Divorce Mediation Right for You?

Image of a couple discussing their divorce with a lawyerWhen considering divorce, many couples are presented with an unfamiliar list of options that can seem overwhelming. One of those is the idea of divorce mediation, but what exactly does this term mean? Is it right for your situation?

At Ohiku Law Milwaukee, we help people just like you understand their options for divorce — including divorce mediation. In this blog post, we’ll take a closer look at how divorce mediation can be beneficial to divorcing couples looking for a more amicable split. Let’s explore what it involves and why exploring it may be ideal depending on your circumstances like finances, children involved in the marriage, and more. It’s time to put some practical insight into this difficult subject so you can make wise decisions about navigating through your breakup.

What is Divorce Mediation and How Does it Work

Divorce mediation is a process by which divorcing couples work together to negotiate a settlement agreement. This process involves a mediator, who is a neutral third party that assists the couple in reaching an agreement that satisfies both parties. Mediation can be an effective alternative to traditional divorce litigation, as it can be less expensive, less adversarial, and can result in a more amicable resolution.

During the mediation process, the mediator facilitates conversations between the divorcing couple, helping them to identify areas of agreement and disagreement. The mediator remains neutral throughout the process and does not make any decisions for the couple. Instead, the mediator helps the couple to explore potential solutions and negotiate a settlement that works for both parties.

Once an agreement is reached, the mediator drafts a settlement agreement that is signed by both parties. This agreement is then submitted to the court as part of the divorce process. While mediation is not always appropriate for all couples or all circumstances, it can be a highly effective way to resolve disputes and achieve a mutually acceptable outcome for both parties.

Benefits of Divorce Mediation

Divorce mediation can offer many benefits over traditional divorce litigation. Here are some of the advantages of using mediation to settle a divorce:

  • Greater Control: In mediation, the couple has more control over the outcome of their divorce settlement. They are free to negotiate and create their own agreement outside of the constraints of court procedures and law.
  • More Amicable: Mediation promotes a more positive and respectful atmosphere, creating an opportunity for couples to have productive conversations about their issues. In contrast, litigation often invites hostility and animosity between the couple, creating a more difficult environment.
  • Confidentiality: Divorce mediation is a private process, unlike court proceedings that are open to the public. This ensures that the details of the couple’s personal life remain confidential and out of the public record.
  • Faster Resolution: The mediation process can be less time-consuming than traditional litigation. Most divorce cases that go to court can last anywhere from six months to two years, whereas mediation cases typically last only a few months.

Overall, divorce mediation can be a beneficial and effective method for couples hoping to separate with minimal conflict and financial strain. Mediation can help couples positively communicate and negotiate a settlement agreement that ultimately reflects each party’s interests and needs.

How to Decide if Divorce Mediation is Right for You

Choosing how to settle a divorce can be a difficult decision for couples. Divorce mediation may not be the best option for everyone, depending on their individual circumstances. Here are some tips on how to decide if divorce mediation is the right choice for you:

  • Consider the Relationship: Divorce mediation works best when both parties agree to work together to negotiate a settlement. Couples who are willing to communicate and cooperate with each other are more likely to benefit from divorce mediation.
  • Evaluate the Complexity of Your Case: Mediation is best suited for couples that have relatively simple divorce cases. Couples with a large number of assets or complex financial situations may require more specialized legal assistance.
  • Assess the Desire for Control: If both parties in a divorce want greater control over the outcome of the settlement agreement, then mediation may be the right choice. Mediation allows for a more flexible, informal approach to resolving issues, and allows the couple to determine their settlement.
  • Consult an Attorney: Before deciding on mediation, it is critical to consult an experienced divorce attorney like our team at Ohiku Law Milwaukee. An attorney can help determine if mediation is a viable option or if other methods of dispute resolution might be better suited to the situation.

Overall, couples who are seeking a more amicable and collaborative approach to divorce may benefit from mediation. This process can provide a more positive, mutually agreeable resolution to disputes, reduce the cost and time of the legal process, and create a better outcome for both parties.

Tips for a Successful Divorce Mediation

Divorce mediation is a process of resolving disputes, and it works best when both parties are working cooperatively and honestly to reach an agreement. Here are some tips that can help ensure a successful divorce mediation:

  1. Focus on Common Goals: It is important to keep the focus on common goals and work towards a mutually viable agreement. The main point of mediation is to ensure that both parties are satisfied with the outcome. Find common ground and areas where both parties can compromise.
  2. Be Prepared: Knowing what you want and what you can reasonably negotiate on is essential for a successful mediation. Being well-informed and prepared can help to keep the process moving forward, and increase your chances of reaching a satisfying agreement.
  3. Keep Communication Positive: Communication is key in any successful mediation process. Keep discussions respectful and positive, and avoid confrontational or aggressive behaviors.
  4. Consider the Interests of the Children: Divorce can have a long-lasting impact on children, so it is important to consider their interests and well-being during mediation. Remember that children are not property, but rather human beings with their own unique needs, and who deserve a happy future and a stable home life.
  5. Embrace Flexibility: Successful mediation requires a flexible attitude, a readiness to be creative, and responsiveness to new ideas. Be willing to adapt to changes and to think outside of the box, to find new and creative solutions that fit both parties’ needs.
  6. Seek Legal Advice: Ensure you have legal counsel to guide you during the mediation process. A qualified divorce attorney can advise you on legal options, protect your rights, and guide you in choosing an outcome that works for your unique situation.

Why Choose Ohiku Law for Divorce Mediation in Milwaukee?

At The Ohiku Law Office in Milwaukee, we have a team of compassionate and knowledgeable attorneys who specialize in divorce mediation. Our team recognizes that divorce is a challenging and often stressful process and shows compassion and empathy for each client’s unique situation, offering personalized attention in every case. If you’re looking to explore your options for divorce mediation, click here to contact the Milwaukee divorce lawyers at Ohiku Law Office today.

By Attorney Odalo Ohiku, Owner of Ohiku Law Office

Attorney Odalo Ohiku is a dedicated and experienced lawyer who focuses on divorce law, family law, and custody and placement for high-net-worth individuals in the Greater Milwaukee area. A trained mediator and arbitrator, Attorney Ohiku has the skill set, experience, and perspective to help clients safeguard their interests while minimizing the stress, anxiety, and conflict that can come with divorce. Attorney Ohiku’s credentials are exemplary: he has been honored as a “Top 40 under 40” by both The American Society of Legal Advocates and The National Trial Lawyers, served as Chair of the Wisconsin State Bar Board of Governors, and earned the President Award from the Wisconsin State Bar. He is passionate about his work in safeguarding families, ensuring that they can maintain the lives they have worked hard to build.

A person holding the hands of a young child as they walk.

Child Abuse Restraining Orders: What You Need to Know

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Child Abuse Restraining Orders: What You Need to Know

A person holding the hands of a young child as they walk.In 2021, over 70,000 referrals were made to Wisconsin child protective service agencies for child maltreatment. It is important for individuals to understand their options when it comes to protecting children from abuse and neglect. One such option is a Child Abuse Restraining Order (CARO). This blog will provide an overview of what a CARO is, how it can be used, and situations where it might be most beneficial. Hopefully, by the end of this blog post, you’ll have a much better understanding of Child Abuse Restraining Orders and know when one could help protect the well-being of a minor child.

For questions or support with CAROs, click here to contact Ohiku Law Office today. 

What is a Child Abuse Restraining Order?

A child abuse restraining order (CARO) is a court order that seeks to protect children from the harmful actions of adults or other individuals. It is most commonly used when there’s a reasonable expectation that the defendant has hurt or will hurt the child, either physically or emotionally. It may include provisions such as prohibiting contact between the defendant and the child, ordering supervised visits, providing access to counseling services, or regulating specific behaviors within certain areas like living arrangements and schooling.

CAROs are typically issued in cases of domestic violence, sexual abuse, drug or alcohol abuse, parental kidnapping, physical assault, neglect, and abandonment. They can also be used in cases where an adult is about to move away with a child without the consent of a parent. CAROs are meant to provide safety for victims and help them get the support they need.

Who Can File?

A child abuse restraining order (CARO) can be filed by a parent, legal guardian, step-parent, or guardian ad litem.

When filing for a CARO, the petitioner must provide proof of the child’s relationship to them as well as details about the abusive behavior that has occurred. This can be done through evidence such as police reports, photographs, witness testimony, and other documents that show the defendant has hurt or threatened to hurt the child either physically or emotionally. It is important to note that filing for a restraining order does not necessarily mean that it will be granted — each case is considered on its own merit.

After a petition has been filed in court with all necessary information provided, the court will then make a decision based on whether there is sufficient evidence to grant it. If granted, the court order may include provisions such as prohibiting contact between the defendant and child; ordering supervised visits; providing access to counseling services; or regulating specific behaviors within certain areas like living arrangements and schooling. The duration of the CARO depends on the specifics of each case but typically lasts for three years from when it was granted by the court.

Questions about this process? Contact the experienced family law attorneys at Ohiku Law.

What Are the Grounds for a CARO?

In order for the court to grant a child abuse restraining order, they must find reasonable grounds to believe that any of the following has occurred:

Physical injury by other than accidental means. Physical injury can include direct contact with the minor such as hitting, pushing, striking, or other types of manipulation as well as intentional deprivation of shelter, food, clothing, and medical care.

Exposure to sexual activity, contact, intercourse, or assault is also grounds for a CARO. This type of abuse involves exposing or participating in unwanted and inappropriate sexual activities with a minor child. It can take different forms such as verbal comments about the victim’s body or physical advances toward the victim. The victim does not need to be subjected to this type of conduct in order for it to constitute abuse – even if the abuser only threatens certain acts toward the victim, it is still considered abuse.

The act of manufacturing meth in front of a minor child also constitutes child abuse and could be grounds for a CARO being granted. Manufacturing meth is a dangerous process and exposes children to highly toxic materials which have serious long-term health effects and risk of death or injury.

CAROs may also be granted when there is evidence that emotional damage has been done due to any form of maltreatment including verbal threats and degradation. Emotional harm can have devastating effects on children’s development leading to poor performance at school and difficulty forming relationships with peers later on in life.

Finally, CAROs may also be granted when there is evidence that any of these acts were threatened even if they did not occur yet. This serves both as a preventive measure as well as recognition that an imminent danger exists within this family dynamic where potential harm can occur at any time if steps aren’t taken immediately.

Distinct to a child abuse restraining order is that it may only be granted for up to two years or until the minor child turns 18, whichever of those two occurs first. This means that the court order will likely expire when the minor turns eighteen unless it is renewed before then by a judge.

A child abuse restraining order may be granted for up to five years if the court finds by a preponderance of evidence that there is a substantial risk of homicide or sexual assault. It is important for judges to take into consideration this extra level of severity and grant longer terms in appropriate circumstances. A preponderance of evidence in this context means that there must be more than a 50% chance that these acts are probable or will happen. The longer duration provides important protection from any further danger as well as creating an environment with long-term healing benefits for victims of abuse.

If you are interested in speaking with an attorney about child abuse restraining orders, call Ohiku Law Office at 414-278-0088.

Video Transcript

Hi everyone, I’m Felicia Owen, an attorney at Ohiku Law Office and these next few minutes will be about child abuse restraining orders.

A child abuse restraining order is a form of protection for minors under the age of 18. A minor may file for themselves or a parent, guardian, step-parent, or guardian ad litem may file on their behalf.

Unlike a domestic abuse restraining order, this type of restraining order may be filed against anyone including an adult, another minor, someone who is related, or someone who is not related.

In order for the court to grant a child abuse restraining order, they must find reasonable grounds to believe that any of the following has occurred: physical injury by other than accidental means; exposure to sexual activity, contact, intercourse, or assault; manufacturing meth in front of the minor child; emotional damage; or a threat to engage in any of those activities.

Distinct to a child abuse restraining order is that it may only be granted for up to two years or until the minor child turns 18, whichever of those two occurs first. A child abuse restraining order may be granted for up to five years if the court finds by a preponderance of evidence that there is a substantial risk of homicide or sexual assault.

If you would like to speak to an attorney about child abuse restraining orders, please call Ohiku Law Office at 414-278-0088.

Domestic Abuse Restraining Orders: What You Need to Know | Ohiku Law Office Milwaukee

Domestic Abuse Restraining Orders: What You Need to Know

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Domestic Abuse Restraining Orders: What You Need to Know

A woman looking stressed hunched over a laptop.If you are faced with domestic abuse, seeking a restraining order is an important step in navigating your legal rights. A restraining order is a powerful tool that can safeguard victims of domestic violence and provide much-needed peace of mind. To ensure the process of filing for a protective order runs smoothly, it’s critical to understand not only what this type of legal action entails, but also what type of qualifying criteria must be met. In this blog post, we’ll review all the key elements involved in obtaining a domestic abuse restraining order—so if you’re considering taking such precautionary measures to keep yourself safe from an abusive partner or family member, read on for everything you need to know.

If you have questions about this or any other topic related to restraining orders, click here to contact Ohiku Law Office today. 

Types of Wisconsin Restraining Orders

When it comes to restraining orders in the state of Wisconsin, there are four main types that individuals can file for. A Domestic Abuse Restraining Order (DARO) is specifically designed to protect adults from a current or former partner who has been engaging in domestic abuse or violence. A Child Abuse Restraining Order (CARO) protects minors under the age of 18 from physical and emotional abuse by a parent or guardian.

For those at risk of harm without an abuser present, a Restraining Order for Individuals at Risk can be obtained. This type of order is issued when an individual’s safety is threatened due to mental health issues, drug or alcohol use, or disability. Finally, Harassment Restraining Orders (HROs) are used to protect victims of stalking, harassment, or unwanted contact with another person. Regardless of which type is being requested, all restraining orders must comply with Wisconsin law before being granted.

What is a Domestic Abuse Restraining Order?

A Domestic Abuse Restraining Order (DARO) is a court order issued to protect individuals from abuse and domestic violence committed by someone who is currently or was formerly in an intimate relationship with the victim. This type of restraining order may include provisions such as prohibiting contact, preventing the abuser from entering the victim’s home or workplace and requiring that the abuser additional stay away from any children shared between them. DAROs also provide for temporary legal and physical custody of children if needed. In some cases, a judge may also order therapy or other services for either party involved.

A DARO can only be filed against certain individuals, such as family members, household members, spouses or former spouses, people with whom the victim has had a child in common, or caregivers and guardians.

How to File for a DARO

Filing for a Domestic Abuse Restraining Order (DARO) is usually the first step a victim of domestic violence and abuse takes to protect themselves from their abuser. The process typically involves filling out paperwork at local courthouses and submitting it to the court. This paperwork will inform the court of the specifics of the situation, such as when and how often abuse has occurred and which individuals are involved.

In addition, victims may need to provide evidence such as testimony from witnesses or medical records that support their claim. Depending on the circumstances, victims may also be asked to provide identification or proof of residence in order to proceed with the filing. Once the forms have been submitted, they will be sent to a judge who will make a decision on whether or not to issue the restraining order based on all available evidence.

Filing for a DARO can be an intimidating process if done alone; an experienced attorney like our team at Ohiku Law Office can help you. Additionally, advocacy groups such as domestic violence shelters can also provide resources and facilitate access to legal aid when needed.

The Importance of Saving Evidence

Oftentimes, victims of domestic violence and abuse know that reporting their abuser will have consequences. In these situations, it is important to keep evidence of the abuse, even if it means going against the wishes of the abuser. This can include taking pictures of any bruises or injuries they may have sustained, as well as keeping any emails or messages that are sent by the abuser. Additionally, victims should try to share this information with someone outside of their household who they trust and can help protect them in case the abuser attempts to destroy evidence.

In addition to collecting evidence, it is helpful for victims who are in a situation where consequences for reporting exist to confide in coworkers or other people outside their home environment who may be able to provide support. Doing so can create a sense of safety and security if push comes to shove and an application for a restraining order needs to be filed at a later date. All forms of evidence will be important during any evidentiary hearings for restraining orders.

Need Support? Ohiku Law Can Help

Our attorneys at Ohiku Law Office in Milwaukee have extensive experience and compassion for victims of domestic abuse who are looking to obtain a restraining order. We understand the complexity of these situations and have the knowledge and resources necessary to ensure that all legal requirements are met.

Our firm is well-versed in all aspects of obtaining a Domestic Abuse Restraining Order (DARO) in Wisconsin, from filing paperwork to appearing in court on behalf of the victim. We work directly with the petitioner or their representative to ensure that they understand the process and prepare them adequately for their case. Ohiku will assist with any paperwork needed by providing detailed documentation, forms, and affidavits, and advise on any legal procedures that may need to be taken.

At Ohiku Law Office, clients dealing with domestic abuse can find comfort in knowing that they are being represented by experienced professionals who truly care about their situation. From helping them secure a restraining order to offering emotional support throughout the process, Ohiku Law Office provides compassionate and comprehensive legal services to all its clients.

If you would like to speak with an attorney about domestic abuse restraining orders call Ohiku Law Office at 414-287-0088.

Video Transcript:

Hi, I’m Felicia Owen, and I’m an attorney at Ohiku Law Office. These next couple of minutes will be about domestic abuse restraining orders.

There are four types of restraining orders that you can get in the state of Wisconsin: a domestic abuse restraining order for adults, a child abuse restraining order, a restraining order for individuals at risk, or a harassment restraining order.

For the purposes of this video, I will be focusing on the domestic abuse restraining order for adult victims.

A domestic abuse restraining order is unique in the sense that it can only be filed against certain individuals. Those individuals include a family member, a household member, a spouse or former spouse, someone with whom you have a child in common, or a caregiver or a guardian.

In order to get a domestic abuse restraining order, the court must find that there are reasonable grounds to believe that any of the following have occurred: an intentional infliction of physical injury, sexual assault, stalking, damage to property, or a threat to engage in any of those activities.

It is not uncommon for victims to withhold on reporting because they are stuck in a situation where there are consequences if they do report. I do always suggest for victims in these situations to try to maintain evidence, document everything, and outsource that information outside of their household. Examples of this can be taking pictures of injuries, even if the abuser claims it was an accident. If there was a bruise left, take a picture and share it with someone outside the household.

You want to make sure someone outside of the household has this information or you can trust with this information if possible because oftentimes abusers will break phones or computers if they believe there is evidence in there that they believe can get them in trouble at a later time. If you can’t do that, at least try to send yourself emails or confide in a coworker at work. Anything you can do to keep some kind of evidence will be helpful when you have your evidentiary hearing for a restraining order.

If you would like to talk with an attorney about getting a domestic abuse restraining order, please feel free to call our office at 414-287-0088.

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Understanding Adultery & Affairs in Wisconsin Divorce

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Understanding Adultery & Affairs in Wisconsin Divorce

A couple arguingNo matter the situation, going through a divorce can be an emotionally taxing experience. If adultery or another form of infidelity is the reason for a marriage breakdown in Wisconsin, having a comprehensive understanding of how this legal factor will affect the outcome of your case is critical. In this blog post we will discuss what you need to know about adultery and affairs in Wisconsin divorces. Read on to find out more and get yourself ready to make informed decisions as you approach your own specific circumstances.

Looking for a divorce lawyer in Milwaukee or a nearby community? Click here to learn more about Ohiku Law. 

Adultery in Wisconsin: What the Law Says

According to Wisconsin Statute 944.16, written in 1849, adultery is a Class I felony. This applies to extramarital affairs that involve sexual intercourse, regardless of whether it is the spouse or a third party who engages in the act. The law holds that individuals can face criminal charges and possible jail time if they are found guilty of adultery.

However, it’s important to note that this law is almost never enforced in court. This is due to several different factors—first and foremost, the fact that Wisconsin is a no-fault divorce state, which means that parties do not need to demonstrate fault-based grounds when filing for divorce. Additionally, Wisconsin does not actively regulate consensual sexual activities between adults.

Wisconsin is a No-Fault Divorce State

Wisconsin is a no-fault divorce state, meaning that in order to file for divorce, parties do not need to demonstrate fault-based grounds. This has led to more couples being able to successfully dissolve their marriages through peaceful and amicable means. Instead of proving that one party is at fault for the marriage ending, couples only have to prove legal residency in Wisconsin and that their marriage was legally valid. In addition, the no-fault divorce policy has been seen as beneficial because it reduces animosity between spouses during divorce proceedings, which may reduce the trauma caused by the separation process and help both parties move forward with their lives more quickly.

However, just because you do not need to prove fault in order to get a divorce, having an affair or committing adultery during a marriage can have other implications on your divorce proceedings.

Financial Consequences of Adultery during Divorce

In Wisconsin, adultery can have financial implications during a divorce. Even though the state is a no-fault divorce state and adultery has no legal bearing in the dissolution process, it can still play a role in determining spousal maintenance (a.k.a alimony or spousal support). Under Wisconsin law, when one spouse’s misconduct—which includes but is not limited to adultery—contributes to the breakdown of the marriage, the court may decide that this spouse must pay more for spousal maintenance. Additionally, if it is proven that a spouse used marital funds to finance an extramarital affair, then he or she can be required to reimburse the other spouse for those expenses.

If the court finds that one parent’s adultery has caused a financial loss to the other, then this can be considered in determining the level of spousal support, and potentially also child support payments. Additionally, if it is clear that a spouse’s cheating has had an adverse effect on their relationship with the children—such as spending less time with them due to being away for long periods—the court may reduce their child support payments accordingly. In general, any financial consequences related to adultery during divorce will depend on the facts of each individual case and must be weighed carefully in determining a just outcome for all parties involved.

Understanding Custody Rights When Affairs Are Involved

When it comes to custody rights and adultery, the primary governing factor is what is in the best interests of the child or children. If a parent’s extramarital affair has caused any type of harm or detriment to the child, then this will be taken into consideration when decisions related to their custody are being made. For example, if one parent’s relationship with their partner has caused a negative impact on the child due to inappropriate or potentially dangerous behavior, then this could influence the court’s ruling on who should have primary physical and/or legal custody.

In addition, if a spouse’s unfaithful behavior has decreased his or her available time for parenting—such as spending long periods away from home—this can also affect their standing in terms of custody rights. Ultimately, judges must weigh all relevant factors to determine what would result in an outcome that provides for a safe and secure environment for the child and both parents.

Alternatives to Court Proceedings for Resolving Divorce Issues Related to Adultery

Alternatives such as mediation and arbitration are increasingly popular among those seeking to resolve divorce issues related to adultery. In both situations, the parties involved can reach an agreement outside of the traditional court system, eliminating lengthy proceedings and their associated stressors.

Mediation is a voluntary process that is overseen by an impartial third party, typically an attorney or other professional with experience in family law matters. The mediator works with both spouses to help them come to an agreement on any contested issues such as division of assets, child custody arrangements, spousal support payments, and so forth. All agreements reached through mediation are subject to approval by the court before they become legally binding.

Arbitration involves submitting disputes for resolution to an arbitrator who is appointed by both spouses. The arbitrator has the authority to make legal decisions and orders which must be followed by all parties involved. Unlike court proceedings, however, there is no right of appeal, which can make this approach appealing for couples seeking swift resolution of their divorce issues related to adultery.

What Lawyers Can Do to Help You Understand Your Rights & Options

An experienced divorce attorney can help you better understand your rights and options when it comes to resolving personal disputes related to adultery. A lawyer can explain the laws relevant to your case, provide guidance on filing the proper paperwork, and craft effective strategies for defending your interests in court. Working with a dedicated attorney can also help to ease the process of resolving difficult divorce issues related to adultery, allowing you to move toward a positive resolution as quickly as possible.

If you’re looking for legal assistance with an issue related to adultery and divorce in Milwaukee, call Ohiku Law. Our team of dedicated lawyers is skilled at handling complex family law cases with sensitivity and discretion. We will work diligently on your behalf to ensure that all matters are addressed properly and make sure that your rights are fully protected throughout the process. With our expertise, knowledge, and resources at your disposal, you can be confident that we’ll provide sound advice and direction to help navigate any challenges that arise.

A couple holding hands and laying on the grass in a park

Dating During Divorce: What You Need To Know

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Dating During Divorce: What You Need To Know

A couple holding hands and laying on the grass in a parkIn Wisconsin, there are no laws that explicitly forbid dating during a divorce. However, it’s important to be cautious and thoughtful before dating as it can have negative repercussions on the proceedings. This article serves as an overview of the legal considerations related to dating once a divorce has been filed in Wisconsin.

Legal Considerations when Dating During Divorce in Wisconsin

When considering dating during a divorce, it’s important to understand the legal implications this could have on the proceedings.

Dating during a divorce could influence:

  • Child custody/physical placement arrangements
  • Child support payments
  • Alimony decisions
  • …and more.

Additionally, engaging in any romantic relationships may also give the court reason to believe that one party is not taking the process seriously, leading to delays or other complications throughout the proceedings. However, this is largely subjective and depends on the judge who oversees your case. Ultimately, it’s essential to exercise caution and good judgment before pursuing any new romantic relationships while going through a divorce, as it could have a ripple effect.

Keep reading for more detail and contact Ohiku Law if you’re ready to get started with an expert Milwaukee Divorce attorney.

Physical Placement & Dating During Divorce

Physical placement of minor children is a primary concern for many people going through a divorce and dating during the process can make matters even more complicated.

Physical placement commonly referred to as “child custody”, is the arrangement of where both parents live in relation to each other and their child. It involves determining a schedule for parenting time, residential time, holiday/vacation times, as well as access to birth certificates and school records. It’s important for both parents to agree on an arrangement that works best for their family and individual circumstances. When crafting physical placement/child custody agreements, it’s essential to think about what will be beneficial for the child in the long term.

Although there are no laws against it, any romantic relationships during this time could have an effect on the court’s decision about the physical placement of minor children.

Courts take decisions about the physical placement of minor children very seriously and base their decisions on what is in the best interest of the child. In Wisconsin, a family court judge will appoint a Guardian Ad Litem to investigate the circumstances of each living arrangement option for the children and make recommendations about physical placement to the court. Judges will consider any evidence demonstrating instability or risk within a parent’s home. For example, if a judge finds out that one parent is living with someone who has prior arrests or convictions, they might decide it is not in the child’s best interests to spend significant time with this parent. If there are concerns about the well-being of minor children and a new romantic partner, the court may even order that the new romantic partner may not be present during visits with the child or children.

Child Support & Dating During Divorce

Child support is another element that can be impacted by a parent dating during divorce. Child support is a legally binding arrangement that requires financial assistance from the non-custodial parent to the custodial parent to cover costs associated with raising the child, such as food, clothing, health care, and educational expenses.

When a judge is determining the amount of child support payments to be made, they will take into account several factors. These include the financial resources of both parents, the needs of the child and their respective ages, the standard of living that was enjoyed prior to the breakup, and any expenses related to special needs or medical treatments for the child. Additionally, they may factor in other costs such as daycare and educational expenses for older children. It is important for both parents to provide an accurate description of their financial situation when presenting their case to a judge in order to ensure a fair outcome.

In child support deliberations, a judge will consider whether anyone else is contributing financially to the household and upbringing of the child. If you decide to move in with your romantic partner while these deliberations are still under way, the judge may determine that their presence in the household means you have greater financial means and, therefore, require smaller (or no) child support payments from your soon-to-be-ex-spouse.

Alimony/Spousal Support & Dating During Divorce

Alimony, also known as spousal support or maintenance, is a form of financial assistance that one spouse pays to the other following a separation or divorce. Alimony is typically paid on a set schedule, such as monthly or yearly payments, and can last for an indefinite period of time. The purpose of alimony is to provide financial stability for the recipient so that they are able to maintain their household expenses and standard of living during and after the divorce settlement. There is no set formula for determining alimony payments; factors such as length of the marriage, income disparities between spouses, and whether or not one party has custody of the children will all be taken into account by a judge when deciding upon an amount.

Alimony is another area that can be heavily influenced if one of you decides to start dating during divorce. Similar to child support, if a judge determines that a new romantic partner is contributing financially to your life and needs, they may determine that you do not need alimony, or a certain amount of alimony, from your ex-spouse.

Practical Tips for Mitigating Risk When Dating During a Divorce

A woman taking off her wedding ringIf you do decide to pursue a romantic relationship during your divorce, here are some tips you should consider to mitigate the risk of it impacting court proceedings:

First off, try to keep all new relationships private until the divorce is finalized. Discussing new partners or introducing them to your children too soon might raise red flags that could complicate proceedings. Additionally, avoid any public displays of affection or signs of impropriety as this could influence support arrangements or custody decisions.

Be certain that your partner understands the legal implications associated with being involved in a relationship with someone who is going through a separation or divorce. Clearly communicate that they need to respect boundaries and avoid interfering with any parenting decisions made by the other party. If possible, have your attorney draw up a contract between both parties outlining expectations and rules regarding interaction with children from the previous marriage.

Finally, don’t let yourself get carried away in a new relationship at the risk of making poor decisions throughout the entire divorce process. It’s important to remain level-headed and focused throughout – so keep personal feelings aside while handling legal matters related to your split.

How an Attorney Can Help

Ultimately, although there aren’t any concrete laws against dating during a divorce in Wisconsin, it’s usually best to wait until all forms have been settled before beginning any new relationships. If you do decide to date prior to your final hearing, be sure to discuss this decision with your attorney beforehand so you can avoid potential legal issues down the line.

An experienced divorce attorney can make the process of separation and dissolution of a marriage much easier. They provide guidance on the legalities surrounding your case, as well as assistance with document preparation, filing procedures, and litigation representation. In addition to providing expertise in the law, a divorce attorney can also help you negotiate a fair settlement with your spouse that is in both of your best interests. If you are going through a divorce in the greater Milwaukee area, Ohiku Law offers experienced attorneys who have extensive experience handling cases just like yours. Our attorneys listen to your individual needs and goals, and work hard to ensure that those are met with positive outcomes. We provide comprehensive representation for our clients through all stages of the divorce process, from filing paperwork to negotiating settlements or advocating in court if necessary. Contact us today to learn how we can help you during your divorce.

The Benefits of Serving on the State Bar’s Board of Governors

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The Benefits of Serving on the State Bar’s Board of Governors

Attorney Felicia Owen was recently featured on the State Bar website. In her video below she discusses the benefits of serving on the Wisconsin State Bar’s Board of Governors. Read the article here, or watch the video below.

Video Transcript

Jeffrey Brown: Good morning, I’m Jeffrey M. Brown, legal writer with the State Bar of Wisconsin. If you’ve ever thought about running for the State Bar’s Board of Governors, this video is for you. I’m here today with Felicia Owen, who represents District 2 on the Board of Governors. Good morning, Felicia.

Felicia Owen: Good morning. Thank you for having me.

Jeffrey Brown: You’re welcome. What are some of the best things about serving on the Board of Governors?

Felicia Owen: I think, um, one, the connection, the networking. You meet attorneys from across the state in various fields, which has been super helpful. It’s been amazing conversations that I’ve had with attorneys I otherwise never would have met. I also think that the State Bar staff is amazing. They’re incredible people to work with, and I’m so grateful to know them and have their support.

Jeffrey Brown: How has serving on the Board of Governors benefited your practice?

Felicia Owen: I think it’s made me a better attorney. Again, you’re meeting more experienced attorneys from other areas. You can have conversations about how they practice law. You might have questions from or questions related to other areas of practice. It’s definitely the connections that you build that seem to have been the most beneficial for me, at least.

Jeffrey Brown: What would you say to someone who’s thinking about running for the Board of Governors?

Felicia Owen: I would say do it, and I would say don’t be quick to count yourself out or think that you are not qualified to be on the Board of Governors. You get to learn so much about what’s going on in the Wisconsin legal field, and we need a diverse variety of opinions in those decisions that are being made. And the State Bar is so supportive and helpful in helping teach you how to be a governor or answering questions if you don’t know how something works. I would say absolutely do it.

Jeffrey Brown: Great. Well, there you have it from Felicia Owen, a governor of District 2 Board of Governors. Thank you for the time today, Felicia.

Felicia Owen: Um, if you’re interested in running for the State Bar, go to the State Bar of Wisconsin website and click on the rectangular “State Bar of Wisconsin Elections 2023” banner. It appears right below the large banner that appears on the top of the page.

Jeffrey Brown: Thanks again, Felicia.

Felicia Owen: Yes, all right. Bye.

How Long Does it Take to Get a Divorce in Wisconsin? | Ohiku Law

How Long Does it Take to Get a Divorce in Wisconsin?

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How Long Does it Take to Get a Divorce in Wisconsin?

How Long Does it Take to Get a Divorce in Wisconsin? | Ohiku LawAre you considering divorce? If so, you probably want to know the estimated length of time you can expect the process to take. This is understandable — divorce is stressful, complex, and all-consuming, and most people want the process to be over as quickly as possible. Unfortunately, there is no one-size-fits-all answer to the question of how long it takes to get divorced as the specifics of each case are very different. That said, there are some general facts and steps to consider when filing for divorce in Wisconsin that will help guide your expectations.

Attorneys Odalo Ohiku and Felicia Owen of The Ohiku Law Office are qualified Milwaukee divorce lawyers who specialize in helping clients through the often complex issues of family law. We have successfully represented clients through all types of divorce proceedings, including uncontested and contested divorces and cases between couples with high net worth. With our comprehensive knowledge of Wisconsin’s specific laws, we can protect your rights while navigating you through any child support or property division disputes that may arise during the process. The Ohiku Law Office’s lawyers provide personalized attention and informed advice throughout the divorce proceedings so our clients have the best chance at a favorable outcome. Click here to visit our website and learn more about our services.

The Divorce Process in Wisconsin

In Wisconsin, the legal process of getting a divorce starts with filing an original petition either at the circuit court or county courthouse. Once the petition is filed, both spouses must be properly served with summons and notice documents. The waiting period for the divorce officially begins when this serving of papers is completed. As per state law, the soonest either spouse can file for a divorce is when they have lived separately for six months prior to filing—this is typically referred to as the “six-month rule.”

The actual duration of a divorce proceeding depends on several factors such as how quickly paperwork can be filed and accepted by courts, if there are any complex issues involved (such as complicated division of property), and if either spouse chooses to contest any part of the proceedings. A contested trial may last up to two years but generally speaking, uncontested divorces in Wisconsin can typically be resolved within four to five months without having to go through a trial process.

How to Expedite the Divorce Process

Divorce proceedings can be lengthy and exhausting, but there are a few ways to expedite the process. The first and most important step is to reach an agreement with your spouse on important matters related to the divorce (e.g., property division, debt division, alimony, and child support/custody). If both parties come to terms quickly, it will save time and energy during the process. Granted, in many cases, this is easier said than done — a professional mediator and divorce lawyer can help you through this step.

Secondly, it’s important to remain organized by gathering all relevant documents such as tax returns or W-2s for use in court proceedings. Your lawyer can help you understand what documents you need and what records you should keep throughout the process.

Finally, utilize resources like certified mediators or legal professionals that specialize in family law. This can help you navigate potential pitfalls in the process more efficiently and ensure you’re adhering to all local laws. With these steps taken into account, it may be possible to expedite your divorce proceedings and move on with your life more quickly.

Looking for Support? Ohiku Law is Here for You

At the Ohiku Law Office in Milwaukee, we specialize in divorce law, family law, and alternative dispute resolution to help local people through the divorce process. We are experienced and knowledgeable in Wisconsin-specific divorces, which can be complex and full of potential pitfalls. The Ohiku Law Office has a history of protecting clients’ rights during all types of divorce proceedings—uncontested, contested, high asset, and more. Whether your case involves child support issues, property division matters, or other related disputes, we are equipped to handle it with skill and expertise. Our attorneys strive to provide personalized service as well as informed advice during every step of the process to ensure a favorable outcome for our clients.

Going through a divorce process can be difficult and emotionally draining, but with an understanding of what’s involved and proper legal guidance during each step along the way, it doesn’t have to feel overwhelming. For more information about getting divorced in Wisconsin – complete with timelines and other helpful resources – contact The Ohiku Law Office today.

Collaborative Divorce in Wisconsin: What You Need to Know | Ohiku Law

Collaborative Divorce in Wisconsin: What You Need to Know

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Collaborative Divorce in Wisconsin: What You Need to Know

Collaborative Divorce in Wisconsin: What You Need to Know | Ohiku LawDivorce is a difficult process, no matter what state you’re in. Wisconsin, however, is unique in that couples going through the divorce process have access to one of the most comprehensive forms of alternative dispute resolution known as ‘collaborative divorce.’ This form of divorce is becoming increasingly popular and can offer numerous benefits over more traditional litigation-based divorces. If you are facing a divorce in Wisconsin and want to know more about collaborative divorce, read on for an overview of what you need to know.

Are you looking for support in your Wisconsin divorce? The experienced divorce attorneys of The Ohiku Law Office can help. We specialize in divorce law, mediation and arbitration, and child custody and placement issues and are here to help you navigate this difficult time. Click here to learn more about Ohiku Law and contact our Milwaukee divorce lawyers today.

What is Collaborative Divorce?

In a collaborative divorce in Wisconsin, both parties make use of outside attorneys who are trained to facilitate negotiations rather than engage in contentious court battles. These attorneys are then assisted by other professionals such as financial experts and specialists trained in dealing with issues related to children. The goal of involving these professionals is to help the two sides settle disputes out of court so that neither party has to go through a lengthy trial or face expensive legal costs associated with traditional divorces.

During the collaborative process, each side will disclose their finances voluntarily and agree upon how assets should be divided among them during their separation. They will also take steps towards working out parenting plans that are amenable to both parties and figure out spousal support or other types of maintenance payments if applicable.

Another advantage of collaborative divorce is that it allows the couple total control over when they would like their proceedings finalized, as opposed to being beholden to court dates dictated by judges or other outside bodies. Couples who opt for this type of arrangement also tend to have less animosity between them after the proceedings have ended due to both sides making compromises during negotiations instead of engaging in drawn-out courtroom battles against one another. Finally, couples involved with collaborative divorces may benefit from increased privacy due to not having all details aired out publicly as they may have with a traditional court-based hearing process.

Who Should Consider Collaborative Divorce?

A collaborative divorce is an attractive option for couples who are looking to avoid the long and expensive court proceedings associated with a traditional litigated divorce. It’s a process in which couples work together, with the help of experienced attorneys, to come to an agreement that works for both parties without having to resort to lengthy court battles. It is ideal for couples who want full control over the process from start to finish and are willing to compromise on certain issues in order to reach an equitable settlement agreement. Furthermore, it can be especially beneficial for those seeking a more confidential approach as all negotiations take place outside of court. If you feel like collaborative divorce may be right for you and your partner, reaching out to an experienced lawyer well-versed in this type of alternative dispute resolution can help you determine if this path is right for you.

With experienced lawyers trained specifically for this type of arrangement along with various professionals such as financial advisors available for consultation, couples going through a collaborative divorce can rest assured that their interests will be well represented throughout negotiations leading up to the final settlement agreement between them

Ohiku Law: Your Collaborative Divorce Resource

Ohiku Law, based in Milwaukee, is a premier firm specializing in all aspects of family law. Led by experienced attorneys who are dedicated to providing each client with the highest level of support and guidance during the divorce process, Ohiku Law provides comprehensive services for those facing divorce in Wisconsin. From filing the original paperwork to finalizing any agreements related to finances and child custody issues, our team of experienced professionals has the skills and expertise needed to address any issue related to divorce. We also offer innovative collaborative dispute resolution techniques which can help couples come to a fair settlement without having to resort to litigation or lengthy court proceedings. Whether you’re looking for assistance with a traditional court-based divorce or assistance utilizing alternative dispute resolution options such as collaborative divorce, Ohiku Law has you covered. Click here to learn more about contact us today.

Understanding Property Division in Wisconsin Divorce | Ohiku Law

Understanding Property Division in Wisconsin Divorce

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Understanding Property Division in Wisconsin Divorce

Understanding Property Division in Wisconsin Divorce | Ohiku LawProperty division in Wisconsin divorce law is the process of dividing marital assets and debts between divorcing spouses. It is not a means of determining fault or financial liability for the dissolution of marriage; rather, it seeks to fairly divide assets and debts so that each spouse can begin their new life on equal footing.

Like many other aspects of divorce, property division can be complex. That’s why it’s so important to talk to an experienced divorce attorney. If you’re in the Milwaukee area, contact The Ohiku Law Office. We have extensive experience with marital property division in divorce and would be happy to answer your questions.

How Property Division is Handled in Wisconsin Divorce 

The Wisconsin court system follows an equitable distribution model when dividing assets and debts during a divorce. This means that the court will not necessarily divide everything equally, but will strive to be fair and just when looking at the contributions each spouse made to the marriage. The court will look at factors such as the length of the marriage, the economic circumstances of each spouse, and any contributions made by either party to increase the value of the marital property. Finally, the court will consider any prenuptial agreements or other contracts which would affect distribution.

The difference between marital and non-marital property in Wisconsin divorce law.

In general, marital property is any asset or debt acquired during the marriage, while non-marital property is anything owned prior to the marriage or acquired after separation. Marital property is subject to division during a divorce, while non-marital property must remain with its original owner. Wisconsin law requires all assets and debts acquired during marriage be divided equitably between the spouses, and any prenuptial agreements are also taken into consideration when determining how to divide property. In cases where one spouse has significantly more assets or debts than the other, the court may order a payment of alimony to balance out the division of marital property.

What happens to debt in a Wisconsin divorce?

All debts acquired during the marriage are considered to be jointly owned and must be divided equitably between both parties in a Wisconsin divorce. This includes any credit card debt, mortgages, car loans, student loans, or other financial obligations. The court may consider each party’s contributions to the marital estate when deciding how to divide any debts, as well as any prenuptial agreements that may be in place. It is important to understand that even if only one spouse’s name is on a loan agreement, both parties are still responsible for the repayment of that debt.

How to protect your assets during a Wisconsin divorce.

When going through a divorce in Wisconsin, it is important to take steps to protect your assets. This can include establishing and maintaining separate bank accounts or other financial accounts, as well as avoiding any joint purchases or investments during the proceedings. If you have significant non-marital property, such as inherited items or gifts received prior to marriage, it is important to document this and keep it separate from marital assets. However, it’s crucial to know that it’s not worth “hiding” assets in an effort to keep them, this will only harm you in the long run and lengthen your divorce proceedings. It is wise to seek counsel from an experienced divorce attorney who understands the complexities of property division in Wisconsin divorce law.

In conclusion, it is important for both parties involved in a divorce to understand the role of property division in Wisconsin law and how it affects their rights as they go forward. It is also important for each party to have an experienced Wisconsin divorce attorney on their side who can help protect their interests during the process. With good representation, both parties can walk away from the divorce with a fair settlement that allows them to begin their new life on an equal footing.

Questions? Looking for a divorce lawyer in Milwaukee? Contact The Ohiku Law Office today.

Is Wisconsin a No Fault State for Divorce? | Ohiku Law

Is Wisconsin a No Fault State for Divorce?

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Is Wisconsin a No Fault State for Divorce?

Is Wisconsin a No Fault State for Divorce? | Ohiku LawYes, Wisconsin is indeed a no fault divorce state. You do not need to allege misconduct on your spouse’s part to be eligible for a divorce. Instead, both spouses must state that the marriage is “irretrievably” or “irrevocably” broken and the divorce will be granted. However, as with many things having to do with the law, it’s not quite as simple as it seems. In fact, there are other legal grounds for divorce in Wisconsin, which we will discuss in this blog post. There are also consequences, benefits, and drawbacks to a no fault divorce, and it’s important to balance your goals and expectations by understanding what can and cannot happen in this type of divorce.

If you are considering getting a divorce, it’s important to have an experienced divorce lawyer on your side who can guide you through the process, help you understand your options, and help protect your best interests. Attorneys Odalo Ohiku and Felicia Owen of The Ohiku Law Office are two of the best local resources for those seeking a divorce lawyer in Milwaukee or nearby communities. Click here to contact us today and talk through your unique situation.

Grounds for Wisconsin Divorce

Though Wisconsin is a no fault divorce state, there are actually several ways a divorce can be granted in this state. These are called “legal grounds for divorce” and are as follows:

  • Both individuals in the couple admit the marriage is irrevocably broken.
  • The couple lived separately and apart for 12 months directly before filing for divorce.
  • Alternatively, a judge may also decree the marriage to be irretrievably broken. This means that no one is at fault for the marriage ending and can be granted without further evidence.

Benefits and Drawbacks to No Fault Divorce

No fault divorce has its advantages and disadvantages compared to a divorce where it’s required to prove fault on behalf of one spouse. A major advantage of no fault divorce is that it’s generally faster and less expensive than a fault divorce as there is no need to prove adultery or other misconduct in court. On the other hand, if you’re hoping to win certain rights or assets from your spouse based on their conduct during the marriage, you will find it much harder to accomplish in a no-fault divorce.

The Importance of Hiring a Divorce Attorney

At the end of the day, it’s important to understand your rights and how the law applies to you before beginning any divorce proceedings. That’s why having an experienced divorce lawyer on your side is essential when going through a divorce in Wisconsin. Here’s what you can expect when you choose to work with a lawyer for your divorce:

  • A divorce lawyer will help you understand the process and advise you on your rights.
  • They will work with you to negotiate a fair settlement that meets all of your needs.
  • They can represent you in court if necessary and ensure that your interests are protected throughout the entire process.
  • They can help you navigate the other aspects of divorce, including child custody and placement, asset division, alimony/spousal maintenance, and more.
  • They can help you discover your options for alternative dispute resolution, such as mediation or arbitration.

Ultimately, it’s important to understand the legal grounds for divorce in Wisconsin so that you can make informed decisions about your future. No matter what kind of situation you’re faced with, navigating the complexities of family law can be a daunting task. With Attorneys Ohiku and Patterson by your side, however, you can rest assured that experienced professionals are advocating for your rights and helping you make informed decisions.

If you’re seeking a Milwaukee divorce lawyer, contact The Ohiku Law Office today. They will be able to provide you with the legal guidance necessary to ensure that your divorce is handled properly and efficiently. They can also help you navigate child custody and placement issues, and explore mediation. Click here to contact The Ohiku Law Office today.