Divorce is simply a fact of modern life. Studies estimate between 35 – 40% of marriages end in divorce. If you and your spouse have decided that divorce is the best way forward, you are embarking on what can be an emotional, stressful, and complex legal and personal process that will have profound implications for your life and that of your family.

At Ohiku Law, we provide expert divorce and family law service for people in Milwaukee and surrounding communities. We have helped a lot of people get through the divorce process and have seen firsthand the negative impact it can have on everyone involved. If you are considering divorce, or if you have started down that road, read on for some simple ways you can make the process a little easier on yourself and your family.

1. Be mindful of the big picture. When it comes to divorce, no one gets everything they want. Divorce is a legal process that often involves a lot of emotions and other complex feelings for those involved. The client’s we’ve worked with who have had the best experiences with divorce go into the process knowing they will have to compromise. Focusing too much on getting every little detail to go your way will leave you frustrated. Instead, try to focus on the end goal of the process and what you want your future to look like. This type of visualization can help you get through the tough moments with your feelings and sanity intact.
2. Prepare your finances. As soon as you decide to get divorced, it’s time to get organized. We can’t stress this enough: divorce is a complicated process that involves nearly every aspect of a person’s life, with finances playing a major role. First, get all your financial account information and contact info for key advisors in one place. Next, make copies of important documents, like your will, bank statements, recent pay stubs, loan/mortgage information, important bills, insurance policy information, etc. Finally, start saving money to put toward legal expenses. By getting prepared early, you will save yourself a headache down the road.
3. Take advice with a grain of salt. As outlined above, a lot of people have gone through the divorce process and it is likely you know more than one person who has gotten divorced. Friends and family will want to share their personal divorce experiences with you and give you advice. While they probably mean well, taking divorce advice from someone not familiar with all the details of your situation, the goals and outcomes you want to achieve, your family dynamics, and divorce law in your state can steer you in the wrong direction. Having an experienced attorney like Odalo Ohiku as your primary advisor in the process will help ensure you have the best experience possible.
4. Do your best to protect the feelings of your children. If you are considering divorce and have children – no matter what age – they will be impacted by this major life change. While this fact is unavoidable, there are steps you can take to make the divorce experience much, much easier on your children. First, avoid talking negatively about your soon-to-be ex-spouse in front of them. In almost all situations, children of divorce continue to have a relationship with both parents and it’s important that they are given the space they need to build their own feelings about that relationship. Another tip: consider exploring therapy resources specifically designed to support children going through divorce. Having someone to talk to who has experience with this specific issue can be helpful for children as they navigate their emotions about this significant life change.
5. Get professional support. Many people considering divorce are concerned about how much it will cost. The truth is: divorce is not cheap. To save money, some people decide not to hire a divorce attorney to support them in the process. This is a mistake. An experienced divorce attorney can help you navigate the complex process of divorce, avoiding mistakes and pitfalls that make the process last much longer and cost significantly more. A divorce attorney can also give you advice on how to prepare your finances so you are ready for the cost, and will keep the process moving to ensure you get through this experience in the best way possible.

I’m Odalo Ohiku, an experienced divorce attorney in Milwaukee with expertise in family law, child custody and placement, dispute resolution, and much more. Every client I work with has a unique situation and my ethic is to provide the exact service each needs to meet their goals and have the best experience possible. If you have questions or are ready to get started, give the offices of Ohiku Law a call today.

Divorce happens every day in Wisconsin and people may decide to end their marriage for many different reasons. However, some people who would like to end their marriage may feel they are unable to due to financial constraints. Particularly in cases where one partner is financially dependent on the other, it may feel like divorce is simply not an option.

In the State of Wisconsin, people seeking a divorce but concerned about finances may request alimony when going to court. This request can be made regardless of the reason for ending the marriage.

What is alimony? 

Alimony – sometimes referred to as “spousal maintenance” – is a court-ordered payment system wherein one former spouse in a divorced couple receives ongoing financial support from the other as part of the divorce agreement. Alimony is usually awarded in cases where one partner makes a lower income or has no income at all.

Alimony is not meant as a punishment to the paying spouse. Rather, the goal of alimony is to ensure the lesser-earning spouse is supported and can maintain their lifestyle after the divorce is finalized. An example of when alimony may be appropriate is when, during the marriage, one spouse chose to stay home to take care of children rather than continue their career. Alimony is commonly granted with the expectation that the recipient partner will seek career education or training with the goal of eventually becoming financially self-sustaining.

When is alimony awarded in Wisconsin divorces?

In the State of Wisconsin, judges have a lot of freedom in deciding when and where it is appropriate to award alimony. A variety of factors are considered, including:

• Length of the marriage
• Physical health of the spouses
• Age of the spouses
• How property will be divided in the divorce agreement
• Education level and potential earning capacity of both spouses, including certifications, training, amount of time spent out of the workforce, and the resources necessary to obtain the necessary skills to reenter the workforce.
• Parenting responsibilities
• The ability of the recipient spouse to eventually come financially self-sustaining
• Whether one spouse financially contributed to the other’s education during the marriage
• Agreements made between spouses during the marriage
• Tax considerations

How long does alimony last? 

Once again, the judge has the freedom to decide the appropriate length of time alimony must be paid. Length of marriage is often a factor in this decision. For example, a decades-long marriage where the recipient spouse did not work and is past a reasonable age to go back to school may result in a judgment that orders alimony to be paid for the lifetime of the recipient. In contrast, a shorter marriage where the recipient spouse is in a good position to become financially self-sufficient will likely result in a judgment of short-term alimony payments. In very short-term marriages, it is uncommon to receive an alimony order unless the recipient spouse health issues or is otherwise unable to financially support themselves.

If the paying spouse dies, alimony will be terminated. If the recipient spouse remarries or becomes financially stable, alimony will also likely be terminated. When the paying spouse retires, alimony may be terminated if they have no source of income outside their retirement benefits.

How much are alimony payments? 

Typically, a judge will determine the amount to be paid in alimony according to one of two factors: the total income of both spouses divided in half or the amount required for the recipient spouse to maintain the lifestyle they had during the marriage.

Tax-wise, the recipient spouse must claim and be taxed on alimony payments received. The paying spouse may deduct alimony payments on their taxes and usually can also deduct attorney fees related to alimony.

Considering divorce? Get the legal assistance you need.

Here at Ohiku Law, we are experts in divorce law, custody and placement, dispute resolution, family law, and estate planning. No matter where you are in the divorce process, you will want an experienced divorce attorney on your side to help you navigate the complicated legal considerations. We are proud to serve clients in Milwaukee with expert divorce law and family law services. Give us a call to get started today.

If you are considering legal separation or divorce, you probably have a lot of questions. The first one might be: what is the difference between a separation and a divorce and which one is right for me?

In a legal separation, a couple is still married but living apart, with a court outlining the rights and duties of the couple on a number of factors (outlined below). With a divorce, the marriage has legally ended. Legal separations are fairly uncommon, but a useful solution for couples looking to work through financial and/or personal issues within the marriage as they consider divorce in the future.

There are many considerations when deciding whether a legal separation or divorce is right for you and your spouse. Here at Ohiku Law, we help people just like you navigate the often complex world of divorce law. Read on to learn more about the differences and similarities between legal separation and divorce and peruse our website for more information.

What is the difference between legal separation and divorce?

There are a number of important differences between legal separation and divorce. The most important difference to understand is that, in a legal separation, the spouses are still married. After a divorce, they are not. Here are some other key differences:

• Health insurance: if one partner is covered under the other partner’s health insurance, they can continue to be covered even if legally separated. The same is true with other key benefits like social security. After a divorce, spouses can no longer share benefits in this way.
• Financial/health care decision-making: when legally separated, spouses are still considered next-of-kin and are able to make important decisions on the other’s behalf. Divorced spouses lose this privilege. 

• Ability to remarry: if legally separate, the spouses are still married and unable to marry someone else. After a divorce, the marriage has been dissolved and both spouses are free to legally marry again.

• Shared debts and marital property: Wisconsin is what’s known as a “marital property state” meaning all property and debts incurred during the marriage are shared between spouses. Legally separated spouses still share marital property and debts. Divorced spouses resolve these issues while ending the marriage.

• Property benefits: legally separated spouses will still benefit from the other’s property should their spouse die. After a divorce, spouses do not retain legal rights to the other’s property.

• Reconciliation: if legally separated, it is possible for spouses to reconcile without having to legally remarry. After a divorce, reconciliation without legal remarriage is impossible.

What similarities exist between legal separation and divorce? 

In both separation and divorce, the court will make decisions on the following elements:

• Child custody and visitation rights
• Division of property as appropriate for the spouse’s situation
• Separation maintenance in relation to child custody and alimony, though with a legal separation these are decided by the court through a “motion pending litigation.”

Trial vs. permanent separation

If you are considering a legal separation, you have a couple of options to choose from depending on your unique situation. Before going through a legal process, you may decide to try what’s called a “trial separation,” an informal arrangement between spouses. Spouses may decide to move forward with legal separation or divorce after a trial separation or may decide to reconcile.

A permanent separation means the spouses have decided to separate permanently. This may mean they decide to file separation paperwork to begin a legal separation or move forward with a divorce. The treatment of property and debt during a trial, permanent, and legal separation can be complex, so consult an experienced divorce lawyer to find out what you need to know.
Whether you are looking into legal separation or divorce, you will want a trusted attorney on your side. I’m Odalo Ohiku and I work hard to set myself apart from traditional family law and divorce attorneys in Milwaukee. The team at Ohiku Law is there when you need us – 24 hours a day, 7 days a week. Give us a call today to get started.

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The main goal of family courts in the state of Wisconsin is to facilitate the healthiest and safest possible custody arrangement for a child. To this end, courts in Wisconsin aim for joint child custody or an agreeable co-parenting plan wherever possible. However, child custody law in Wisconsin will accommodate both sole and joint legal custody arrangements.

I’m Odalo Ohiku. Here at Ohiku Law, I help Milwaukee families navigate the often complicated world of child custody. Every family’s situation is different and only an experienced attorney can help you come to the best solution for you and your child. Below is a handy guide to understanding child custody law in Wisconsin, but give me a call to discuss further. 

What does “legal custody” mean?

The term “legal custody” refers to the legal right of a parent to make significant decisions about their children. These include decisions about health care, education, religion, and consent to marry or join the military. This term does not cover where a child lives, which is decided separately and is referred to as “physical placement.”

Who will get custody of your child?

The primary objective of family courts in Wisconsin is to find the best custody solution for the child or children. Before going to court, parents should take the opportunity to try and come to an agreement on their own or with the help of attorneys in a mediation process. If these solutions do not work, the child custody case will need to be heard and decided upon in court.

The court considers many factors when deciding custody, including:

• The age of the child
• The living situation of each parent
• The relationship between the child and each parent
• The preference of the child in regards to living arrangement
• The mental and bodily health of each parent
• What arrangement will provide for stability and consistency
• The willingness of each parent to co-parent cooperatively
• Past violence or substance abuse

A major part of any child custody arrangement is the creation of a parenting plan. This is an outline of care agreed upon by both parents and becomes legally binding through a court order.

What is the difference between joint and sole child custody?

Joint legal custody gives both parents the right to make major decisions on behalf of and concerning their children. These decisions must be agreed upon with both parents getting an equal say in the final decision. Joint legal custody is the presumed outcome of any custody case unless there are outstanding circumstances, such as a history of violence, or if the parents come to a different agreement.

Sole legal custody gives only one parent the right to make major decisions concerning the child.

Depending on the circumstances, the court may decide that one parent is allowed to make decisions around certain issues, such as education.

How does child custody work if the parents are unmarried?

Custody law in Wisconsin remains the same whether the parents are married or unmarried. Both parents retain equal right to make major decisions about the child unless otherwise ordered by the court.

If child paternity is in question, certain procedures need to be followed to determine custody. The father can sign an acknowledgment of paternity with the agreement of the mother or, if the mother contests paternity, can petition the court for a DNA test.

Child custody law is extremely complex and every family’s situation is different. By seeking the help of an attorney experienced in family law, you can ensure the best custody outcome for you and your child.

Another element of custody law is that it can quickly become heated and emotional – there is just so much at stake. If parents can’t come to an agreement, the court process can become stressful for everyone involved, including the child or children. Having an experienced advocate on your side will make the whole process easier, and I do everything I can to ensure the best interests of the child are met.

At Ohiku Law, my top priority is to be there for my clients. I am proud to serve families in Milwaukee and surrounding communities with expert family law and divorce law services. Don’t spend another day confused or stressed about your situation – give me a call to get started today.