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

Dating During Divorce: What You Need To Know

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

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?

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

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

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?

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.

Why Transparency is So Important in a High Net Worth Divorce

Why Transparency is So Important in a High Net Worth Divorce

Why Transparency is So Important in a High Net Worth Divorce

Why Transparency is So Important in a High Net Worth DivorceTransparency is a critically important element to any divorce, especially for those with a high net worth. It opens up the lines of communication, allows for a clear understanding of both sides of the divorce, and sets realistic expectations from the outset. Most importantly, transparency puts everyone on the same page. No one wants to be left in the dark during a divorce, especially when there is a lot at stake.

A high net worth divorce can be especially complex, with numerous assets and debts to divide. Transparency ensures that both parties are aware of all the details of the divorce and can make informed decisions about their future. It also helps to avoid surprises down the road. If both parties are transparent from the beginning, they can approach the divorce with a clear understanding of what to expect. This can help to reduce stress and conflict during an already difficult time.

How to Be Transparent During a High Net Worth Divorce

One of the most difficult aspects of a divorce is dividing up your assets. This can be especially complicated if you have a high net worth. In order to avoid any disputes, it is important to be as transparent as possible with your spouse. This means providing full disclosure of all your assets, including investments, property, and any other valuables. You should also keep close track of any joint accounts and make sure that both spouses have access to them. Keep a detailed record and provide a copy to your divorce lawyer, updating the record anytime anything changes. By being upfront about your finances, you can help to ensure that the divorce process goes smoothly and that both parties end up with a fair share of the assets.

What Can Happen When Divorcing Couples Aren’t Transparent

If transparency is not followed during a high net worth divorce, it can have serious consequences. One of the most important aspects of any divorce is asset division. Without full transparency, it can be very difficult to determine who owns what and how to divide assets fairly. This can lead to one spouse being unfairly awarded more assets than the other, which can cause major financial problems down the road.

In addition, a lack of transparency can impede child custody arrangements. If one spouse is not fully transparent about their finances, it can make it difficult to determine who has the financial resources to care for the children. As a result, it is essential that both spouses are fully transparent about their finances during a high net worth divorce. Failure to do so can have serious consequences for both parties involved.

The Benefits of Transparency

The end of a marriage is always difficult, but it can be especially challenging when high net worth is involved. In addition to the emotional stress of a divorce, there is also the potential for significant financial damage. To protect their assets, many people choose to be less than transparent about their finances during a divorce. However, this approach can often backfire. If hidden assets are discovered, it can jeopardize the divorce settlement and cause even more conflict. Furthermore, being less than honest about finances can damage relationships with children and family members.

Although it may not be easy, being honest about finances and property can help to ensure a fair settlement and preserve important relationships.

Protect Your Interests During High Net Worth Divorce

If you are going through a divorce and have a high net worth, it is important to ensure your interests are protected. Here are some tips:

  • First, be sure to hire an experienced divorce attorney who is familiar with handling high net worth cases. This will give you the best chance of a favorable outcome. If you’re looking for a Milwaukee divorce attorney, contact Attorney Odalo Ohiku at The Ohiku Law Office today.
  • Second, pull together a complete financial picture of your assets and liabilities as soon as you know you are getting divorced. This will help you and your attorney determine what is fair and equitable in the property division process and will be a necessary piece to your divorce case down the road.
  • Third, be prepared to negotiate. Unless there are grounds for an uncontested divorce, you will likely have to negotiate with your spouse over the division of assets. Be prepared to compromise in order to reach an agreement that is acceptable to both parties.

By following these tips, you can help protect your interests during a high net worth divorce.

Considering divorce? Call Milwaukee’s Ohiku Law Office today. Attorney Odalo Ohiku and Attorney Felicia Owen are experienced in all areas of divorce and family law, including child custody and placement and alternative dispute resolution. Contact us today.

Uncontested Divorce? Why You Should Still Hire a Lawyer

Uncontested Divorce? Why You Should Still Hire a Lawyer

Uncontested Divorce? Why You Should Still Hire a Lawyer

Uncontested Divorce? Why You Should Still Hire a LawyerIf you’re considering divorce and are lucky enough to have an amicable relationship with your soon-to-be-ex spouse, you may be thinking you don’t need to hire a divorce attorney. We get it — lawyer fees can be intimidating, and if you and your spouse agree on all the major points of your divorce, the process should be straightforward, right? Well, right and wrong.

In this blog post, we will talk about why you should still consider hiring a divorce lawyer even when your divorce is uncontested. If you’re in the southeastern Wisconsin area and are looking for an experienced Milwaukee divorce attorney, contact Ohiku Law today. We are here to answer your questions and offer you the support you need to get through this process.

What is an uncontested divorce?

An uncontested divorce is a process of getting a divorce without going to court. The term “uncontested” means that both spouses agree on all major issues, including child custody, child support, division of property, and alimony. If both spouses can reach an agreement, they can file for an uncontested divorce. In most states, an uncontested divorce can be finalized in just a few months. However, if the spouses cannot reach an agreement, they will have to go to court and have a judge make the decisions for them. Uncontested divorces are typically cheaper and less stressful than contested divorces, and they often have a lower impact on children.

An uncontested divorce can still be complex, and there are many things that can go wrong if you’re not represented by an attorney.

While an uncontested divorce may sound simple, there are actually many things that can go wrong if you’re not represented by an attorney. For one thing, if you and your spouse cannot agree on all the terms of the divorce, it will likely become contested, which can be much more complex and time-consuming. Additionally, even if you are able to reach an agreement, there are still a number of legal requirements that must be met in order for the divorce to be finalized. If even one of these requirements is not met, it could delay the divorce or result in additional fees. Therefore, it’s important to have an experienced attorney by your side to ensure that everything goes smoothly.

You may be able to file for an uncontested divorce, but that doesn’t mean you don’t need a lawyer.

While it is possible to file for an uncontested divorce without hiring a lawyer, it is not advisable. Divorce can be a complex legal process, and there are many potential pitfalls. A divorce lawyer can help you navigate the process and protect your interests. An experienced divorce attorney will know the ins and outs of the law and will be able to provide guidance and advice on a variety of issues, from child custody to property division. In addition, a divorce lawyer can represent you in court, if necessary. Even if you are confident that you can handle the divorce yourself, it is always best to seek the advice of a qualified divorce attorney.

A lawyer can help make sure the process goes smoothly and protect your interests in case of any disputes.

It is no secret that the legal system can be complex and confusing. If you are facing a legal issue, it is important to have a skilled lawyer on your side. A lawyer can help you navigate the legal system and ensure that the process goes smoothly. In addition, a lawyer can protect your interests in case of any disputes. By working with a lawyer, you can increase your chances of success and resolve your legal issue in a timely and efficient manner.

If you’re considering a divorce, it’s important to speak with an experienced divorce lawyer to learn about your options and get advice on what’s best for you and your family. Uncontested divorces may seem straightforward, but there are many complex aspects that can trip you up if you’re not represented by an attorney. A lawyer can help make sure the process goes smoothly and protect your interests in case of any disputes. When it comes to such a significant decision as ending your marriage, you owe it to yourself and your family to get all the information and professional help available.

Divorce and Child Custody: What Fathers Need to Know

Divorce and Child Custody: What Fathers Need to Know

Divorce and Child Custody: What Fathers Need to Know

Divorce and Child Custody: What Fathers Need to KnowWhen you are a father getting divorced, it is important to understand your rights and responsibilities as they pertain to child custody. Too often, fathers do not seek the help of an attorney because they believe that they will automatically be granted joint custody and shared placement of their children. This is not always the case.

If you are a father who is going through a divorce, it is important to speak with an experienced divorce lawyer who can help you understand what to expect during the process. At The Ohiku Law Office, we have helped countless parents and families navigate through the difficult process of divorce. We want to help you too. Keep reading to learn more about what you need to know as a father about child custody and physical placement.

Looking for a Milwaukee divorce lawyer? Contact Ohiku Law today.

What is “Child Custody”?

In Wisconsin, child custody is defined as the legal authority to make decisions about your child. These decisions include, but are not limited to, decisions about education, healthcare, and religious upbringing. There are two types of child custody in Wisconsin: legal custody and physical placement. Legal custody means  that you have the right to make decisions about your child’s welfare. Physical placement means that you have the right to have your child live with you.

What else should fathers know about “Physical Placement”? 

Physical placement is also referred to as “physical custody.” This type of custody gives a parent the right to have their child live with them. Physical custody can be shared between parents or granted by the courts to one parent. When the court grants physical placement to one parent, that parent is referred to as the “primary custodial parent.” The other parent is typically given visitation rights in these scenarios, unless the court deems it dangerous or otherwise inappropriate for the child to spend time with the other parent.

What Happens if My Spouse and I Cannot Agree?

If you and your spouse are unable to come to an agreement about child custody or physical placement, the court will make a decision for you. The court will always put the best interests of the child first when making these decisions. In order to determine what is in the best interests of the child, the court will consider a number of factors, including:

  • The age and sex of the child.
  • The wishes of the child’s parents.
  • The child’s relationship with their parents, siblings, and other important people in their life.
  • The child’s adjustment to their home, school, and community.
  • The mental and physical health of all parties involved.
  • The child’s educational needs.
  • Whether either parent has a history of abuse or neglect.
  • Any other factors the court deems relevant.

I’m a Father. How Can I Learn More About My Rights?

If you are a father who is going through a divorce, it is important to seek the help of a divorce attorney with experience in child custody, placement, family law and, ideally, mediation. An attorney can help you set goals and map out your ideal situation for child custody and placement, explore options for mediation with your spouse, understand your rights and responsibilities during the divorce process, and provide resources and guidance on how to help your whole family come through the divorce process in a healthy way. If your case goes to court, an attorney can also help you navigate through the child custody process, understand what’s going on, and ensure that your rights are protected.

Ohiku Law: A Parent’s Best Resources

The Ohiku Law Office is dedicated to supporting families going through the often difficult and stressful process of divorce. We understand the challenges and stresses that come with divorce, child custody, and other family law matters. Our team is here to help you every step of the way. Contact our office today to schedule a consultation.

What are the Differences Between Annulment and Divorce?

What are the Differences Between Annulment and Divorce?

What are the Differences Between Annulment and Divorce?

What are the Differences Between Annulment and Divorce? When a couple decides to end their marriage, they have two options: annulment or divorce. An annulment is a legal process that declares a marriage null and void. This means that, from a legal perspective, the marriage never actually happened. There are specific grounds for an annulment, and it must be granted by a court. A divorce, on the other hand, is a legal process that dissolves a valid marriage.

It is important to understand the differences between these two processes before making a decision about which one to pursue. If you’re looking to have your marriage annulled, there are very specific factors that you must consider. No matter which path you choose, having a knowledgeable and experienced divorce attorney on your side will be extremely helpful. For services in the southeastern Wisconsin region, please contact Milwaukee Divorce Attorney Odalo Ohiku of The Ohiku Law Office for more information.

What is Annulment? 

An annulment is a legal process that not only ends a marriage, but renders it void in the eyes of the law. This means that, legally, the marriage never happened. There are very specific circumstances under which a court will grant an annulment, and many people who try to get their marriage annulled fail. To get an annulment, you must be able to prove that there were one or more of the following situations present at the time of the marriage:

  • One or both spouses were under the legal age of consent at the time of the marriage. The legal age of consent in Wisconsin is 18, but a person can get married at 16 or 17 with parental permission, or under age 16 with the permission of a parent and a court of law. If it can be proved that a person was married while underage and without the proper permissions, their marriage can be annulled. One caveat is that the person must still be under the age of 18 when the annulment petition is filed for the marriage to qualify for annulment.
  • One or both spouses were unable to consent to the marriage due to intoxication. This could mean that one or both spouses were under the influence of alcohol or drugs when getting married, or were coerced into the marriage through use of these substances.
  • One or both spouses were forced or coerced into the marriage. In the eyes of the law, both spouses must consent to the marriage for a marriage to be valid. So, if one or both spouses were forced to marry, the marriage would be considered invalid and can be annulled.
  • The marriage was never consummated through sexual intercourse. This one is pretty self explanatory. If it can be proved that the marriage was never consummated through sexual intercourse, there may be grounds for an annulment.
  • The marriage is bigamous (one or both spouses were already married to someone else at the time of the marriage). Bigamy is illegal; a person who is already married cannot legally marry someone else. So, if one or both spouses were already married, the marriage can be annulled.

A successful case for annulment will likely include the need for evidence and witnesses that one or more of the above grounds is present. The petition for annulment must be filed within one year of the spouse/spouses becoming aware of one or more of the above situations.

What Makes Annulment Different from Divorce? 

The biggest difference between annulment and divorce is that an annulment means the marriage never happened, while a divorce means the marriage was legally legitimate but is now ended. In both situations, the spouses are free to move forward and marry other people but, after divorce, Wisconsin law dictates that the spouses must wait six months after divorce to remarry. If the marriage is annulled, there is no such waiting period.

What are the Implications for Child Support, Alimony, and Property Division?

When it comes to child custody and child support, Wisconsin courts follow the same procedures with an annulment as they would for a divorce. Annulment of a marriage that brought forth children does not absolve you of your responsibility to care for and provide for those children. So, you will still be on the hook for child support and/or go through the appropriate proceedings to determine child custody and physical placement arrangements.

In most cases, Wisconsin courts also treat issues of alimony and property division like they do in a divorce. Getting an annulment is not a way to avoid having to pay alimony or divide your property evenly, but there are additional considerations. It’s always best to consult with a divorce attorney like those at The Ohiku Law Office whether you’re considering annulment or divorce.

Learn more about the services of The Ohiku Law office by clicking here and contact us today with questions or to schedule a consultation.