Family Law

Divorce is a stressful process which wreaks havoc on your social, economic and family life. Not only does is affect you and your former spouse, but it affects your children as well. The period of getting a divorce is never easy. Locke Law Office has the family law experience to help. Men and women alike will have to re-figure their households, retool their budgets and rethink their family traditions and celebrations.

It sounds overwhelming but having the right attorney can assist you in getting the job done well. If you are looking for an attorney to; grind your former spouse into dust, take the children away from them, leave him or her lying in a crumpled heap in the dustbin, Locke Law Office is not the firm for you.

Locke Law Office makes every effort to help its clients work out a fair economic arrangement with their soon to be ex-spouse, splitting up personal property, or “stuff” and find a fair way to divide time with the children. They benefit from spending as much time as possible with each of you and in a way that works for everyone. Sound like a tall order? You’re probably right. But, once our clients realize what a judge is likely to award to each spouse in the event their case goes to trial, typically we can assist them with a plan that each spouse can agree with.

Assets

Half of all the assets you and your spouse acquired while married are generally awarded to each party. So, if you saved up and bought a house, each spouse is entitled to half the equity in the house. Also, each is entitled to half of the retirement interests acquired by either of the spouses during a marriage.

Debts

Debts go hand in hand with assets. Typically, when you and your spouse are acquiring assets in the marriage, you are racking up debt as well. Take for example, the loan on a car. The same is true with your home. You may have saved and bought a house, but you probably still have a mortgage. Aside from cars and houses, with debts associated with them, many couples also have unsecured debt, such as credit cards, which must be repaid.

Unfortunately, but not surprisingly, divorcing couples also need to share the debt they acquired during their marriage. Sometimes, this means that one spouse may be awarded more of the assets because he or she is taking responsibility for more of the debt. This has to be examined separately for each divorce case as each couple has a somewhat different set of circumstances.

Children

Your children are the most important part of your divorce action. Who the children live with most of the time. When they spend time with the other parent. Who supports the children. These are all issues that need to be resolved. In a perfect world, we understand that each party in any divorce would prefer to have the children live with them 99% of the time. However, current law in Wisconsin states that the children must see each of their parents as often as possible. How this unfolds depends in part on each parent’s work schedule and who cared for the children historically during the marriage. Although the statutes don’t specifically grant equal time with each parent, it’s a good guess that this is what is going to happen.

Courts tend to divide the children equally between both parties. Even cases where one spouse worked full time and the other spouse stayed home. After all, the stay at home parent would typically need to get a job and be less available to care for the children. Courts are also called upon to set a holiday schedule. Any arguments about where the children spend Christmas Eve are minimized. This is perhaps one of the hardest changes at the time of divorce. I promise though, each parent adjusts. It just takes time getting used to not spending every holiday with their children.

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