Burbach & Stansbury S.C.Burbach & Stansbury S.C.2024-03-18T04:00:37Zhttps://3376105.findlaw4.flsitebuilder.com/feed/atom/WordPressOn Behalf of Burbach & Stansbury S.C.https://3376105.findlaw4.flsitebuilder.com/?p=515882024-02-23T09:08:37Z2024-02-23T09:08:37Za collaborative divorce offers a different path that may be more appropriate for them, as well as being less expensive and time-consuming.
A collaborative divorce is a legal process that allows a couple to end their marriage without going to court. Instead, both parties work together with their attorneys and other professionals, if needed, to find solutions that lead to a settlement between the parties.
This method aims to encourage cooperation over confrontation and offers solutions that benefit the entire family unit. While you may think it sounds like mediation, a collaborative divorce is different from mediation.
The collaborative divorce process
There is a process in place for collaborative divorces, which includes:
Voluntary agreement from both parties
Collaborative attorneys to represent the parties
Engaging professionals like child specialists or tax advisors
Meetings where everyone comes together to negotiate
Complete disclosure of all necessary information by both parties
Good faith on part of both parties
There is no court intervention unless the process breaks down
Collaborative divorce vs. mediation
In mediation, a neutral third-party mediator or team of mediators facilitates a discussion. In a collaborative divorce, each party has their own attorney, and they can bring in additional professionals.
Collaborative attorneys advocate for their client’s best interests, while mediators do not take sides, decide or give legal advice.
In a collaborative divorce, the parties must sign an agreement that states they choose collaborative divorce instead of going through the court system.
If a collaborative divorce fails, the parties go to court and must hire new attorneys to represent them. Unlike in mediation, they cannot use the same attorneys they used for the collaborative divorce attempt.
One of many options
While both mediation and collaborative divorce strive to create an environment where the parties can have an amicable conversation and negotiation, which hopefully leads to a settlement, collaborative divorce has many benefits, especially the fact that it can speed up the process and is much less expensive than litigation.
However, it is not for everyone. In a collaborative divorce, the parties must commit to negotiating in good faith, disclosing all necessary information to each other, and maintaining a positive attitude throughout the process.]]>On Behalf of Burbach & Stansbury S.C.https://3376105.findlaw4.flsitebuilder.com/?p=513182023-12-18T22:57:01Z2023-12-18T22:57:01Zvaluable tool aims to help couples solve disputes amicably. The mediator, who is neutral and unbiased, is there to help them find common ground and work through disagreements that, to the parties, may seem impossible to find solutions for. Using various techniques, mediators can help the parties negotiate and reach their own settlement, which can become binding if the parties want it to be and the court approves it.
Potential pitfalls
There are times when mediation does not work. Sometimes, the parties are sincerely too far apart in their wishes to reach an agreement and need the court’s assistance in deciding. Other times, mediation fails because of some error on the part of one or both parties, which is why it is critical to keep these potential pitfalls in mind before going to mediation.
Lack of preparation
The parties should take mediation seriously, like they would any other court process, even though mediation is less formal than going to court. It is critical for mediation clients to gather all necessary paperwork related to their case and respective claims, to have clear goals and priorities and to be ready to communicate these effectively in mediation.
Letting emotions take control
One of the most common pitfalls in mediation is when the clients are emotionally triggered and respond in an aggressive way. While it is something that the individuals can come back from, with the help of a skilled mediator, it gets in the way of having an amicable negotiation that aims to preserve the relationship between the parties. Maintaining composure is important and necessary.
Unwillingness to compromise
Mediation is a flexible process, which is what differentiates it from court. The primary benefit of a flexible approach is that the parties can agree and not have the court decide who wins and who loses. However, mediation requires the parties to consider many alternatives to solve their issues and be flexible in their stance regarding their problems, as well as the ability to communicate effectively, knowing what they want and why they want it.
By proactively addressing common mistakes people make in mediation, you can be better prepared for your mediation session and more likely to reach a fair and satisfactory resolution.]]>On Behalf of Burbach & Stansbury S.C.https://3376105.findlaw4.flsitebuilder.com/?p=513112023-12-14T23:40:09Z2023-12-14T23:40:09Zintensify mental health issues, impacting spouses and children emotionally, particularly if one spouse is suffering from Borderline Personality Disorder (BPD). The trauma of separation can lead to extreme acts, false accusations, and other problems, particularly when marital dissolution veers away from mediation and enters the courtroom.
A gradual decline
BPD does not occur overnight. Seeds are planted when marriages are on the rocks. Combine existing anxiety over a failing marriage and raising kids, stress can build up to a potential break, even for the most emotionally stable spouses.
Child custody disputes with a parent with BPD could trigger and intensify feelings of abandonment during the process and the final decision. Some parents take extreme measures, mainly if they are in an unstable state. Love can turn to resentment, if not outright hate, directed at the ex-spouse.
Effects on children
Children caught in the middle can suffer the most. Their best interests may only be addressed if not in dispute. At some point, drastic measures may have to take precedence, including bringing in Child Protective Services to interview and document the problem and take necessary action.
The end of a marriage is a monumental event, if not a quantum shift in the lives of ex-spouses and their children. Adding severe mental health issues to the already dysfunctional dynamic only makes a bad situation that much worse.]]>On Behalf of Burbach & Stansbury S.C.https://3376105.findlaw4.flsitebuilder.com/?p=512512023-12-13T05:52:32Z2023-12-13T05:52:32ZWisconsin is a no-fault state
In the past, it was much harder to get a divorce without a spouse’s consent because one person had to be “at fault” for the end of the marriage. That meant that either one spouse had to admit to some kind of legal grounds for a divorce, like adultery, or the other spouse had to make the allegation and provide proof.
However, Wisconsin is now a “no-fault” state. Either spouse can ask for a divorce based on the idea that there has been an irretrievable breakdown in the relationship.
It takes two committed people to make a marriage – but only one to make a divorce happen. If you’re ready to divorce and your spouse is refusing to cooperate, you still have a way out. Talking with someone who understands the law and the options available to you can help you see the path forward.
]]>On Behalf of Burbach & Stansbury S.C.https://3376105.findlaw4.flsitebuilder.com/?p=512492023-12-13T05:48:15Z2023-12-13T05:48:15Zcontinue working together and occasionally possible to continue jointly owning the business. To do so without putting the company's financial stability or operations at risk, those preparing for divorce will typically need to redevelop their skills for working with their spouse and create contracts carefully outlining how the professional relationship will work. Those who will both play an executive or ownership role in the company may need to have terms for a future buyout in place.
If one spouse will effectively be the boss of the other, proper structure for that business relationship will be of the utmost importance. Many professionals preparing for divorce and hoping to continue working with their spouse afterward may benefit from consulting with a professional to learn new or improved conflict resolution and communication skills so that their marital discord doesn't damage the business.
Working together isn't always the best choice.
Although it is feasible to continue working together after the divorce, doing so isn't necessarily the best choice. People need to think very carefully about not just their current circumstances but where they hope to be in five or 10 years. For many, severing that professional relationship and starting to aggressively rebuild their company or their career during and after divorce is a better approach than trying to maintain the status quo.
Rather than making a knee-jerk decision about something that will affect a company and both spouses, it is usually better to spend time carefully contemplating before choosing a path forward. Evaluating every option when both spouses work at or have an ownership interest in a company can help people better prepare for an upcoming Wisconsin divorce in ways that better ensure that the interests of all involved are properly safeguarded.]]>On Behalf of Burbach & Stansbury S.C.https://3376105.findlaw4.flsitebuilder.com/?p=512472023-12-13T05:43:26Z2023-12-13T05:43:26Z$36,436 per year, including a student’s living expenses, books and various supplies – and it can go much higher. How do you make sure that their future is protected? Here are some tips:
Understand the limitations of support
In Wisconsin, child support ends either when a child turns 18 years of age (unless they’re still pursuing a high school diploma or its equivalent, in which case support can continue until they’re 19). That means that there’s no statutory obligation for either parent to provide for a child’s college education – but divorcing parents are still free to negotiate and make private contracts over the issue.
Get the agreement in writing
Even if you think there should be plenty of money for your child’s education, you don’t want to put your trust in a verbal agreement. Your ex-spouse and your child could have a falling out during your child’s teen years and your ex-spouse could suddenly refuse to pay. Or, your ex-spouse could remarry, start a second family and decide that they simply can’t afford college for your child because of their other children’s needs.
Decide how the money will be paid
Addressing the logistics now can help make the future more certain. A lump sum put away now as part of your divorce agreement can be invested, or payments can be put into a revocable trust or a 529 college savings plan.
Talk about any limitations or caps
You need to address as many possibilities as you can in your agreement. For example, what happens if your child wants to go to an expensive private college instead of a public university? Are you willing to pay for graduate school or professional education, like a medical degree or law degree? What happens if your child decides they don’t want to attend college?
In a high-asset divorce, the financial issues often take on new layers of complexity. You have to think ahead. Qualified legal guidance can help ensure that you don’t overlook anything important.]]>On Behalf of Burbach & Stansbury S.C.https://3376105.findlaw4.flsitebuilder.com/?p=512452023-12-13T05:37:23Z2023-12-13T05:37:23ZMaintenance disagreements
It is safe to assume that one spouse earns more than the other in most marriages, often by a substantial amount. You may understand and agree that your spouse deserves financial support to help them maintain their living standards after the divorce.
Still, in many high-asset divorces, the two spouses struggle to agree on what makes a spousal support award fair to all.
Marital property conflicts
Wisconsin is a community property state, and family courts strive to divide marital assets and liabilities evenly. That means the income and property you each accumulated during your marriage may be at risk..
If possible, it is usually better to negotiate a property settlement with your spouse instead of leaving it in the hands of the court. If you succeed, you can both walk away from your divorce with equitable shares of marital property.
Having experienced legal guidance can help you develop strategies that may protect your interests in a high-asset divorce.]]>On Behalf of Burbach & Stansbury S.C.https://3376105.findlaw4.flsitebuilder.com/?p=512432023-12-13T05:31:43Z2023-12-13T05:31:43ZHow do people double dip when dividing a business?
One of the most challenging aspects of negotiating a divorce when the marital estate includes a business will be determining what the business is worth and how to share that value fairly. There are multiple methods of establishing a business's value, and almost all of them will consider the future income of the business. Someone seeking to maximize resources in a divorce will claim their equitable share of the company's value.
The risk of a double dip stems from the possibility that one spouse may ask for a share of the business's value using a valuation method that looks at future income and will then also request maintenance. They will base that request on the future earning potential of their spouse, which comes directly from the business and was therefore factored into the business valuation. Someone seeking to retain sole ownership and control of a business or professional practice will need to review suggested compromises very carefully to ensure that they don't end up unfairly penalized by their spouse double-dipping and claiming future business income more than once.
Recognizing how business holdings create unique challenges and points of vulnerability for divorcing spouses can help people more effectively negotiate or prepare for litigation. Seeking legal guidance to gain a better understanding of concerns that relate to one’s divorce process is generally a good way to start.]]>On Behalf of Burbach & Stansbury S.C.https://3376105.findlaw4.flsitebuilder.com/?p=511832023-10-03T15:31:36Z2023-10-03T15:31:36ZBy crafting a clear set of priorities early in the divorce process, an individual can approach the negotiating table or, if necessary, the courtroom with greater confidence.
You can better focus on your actual wants and needs during negotiations
By understanding your long term goals, one’s strategic approach to asset division can be far more focused and effective. Say that you and your spouse have decided to part ways and you have decided that your greatest priority is to try to maintain the marital residence. You have also worked out that the only asset you would prefer not to bargain away in pursuit of the marital residence is your interest in your retirement fund.By taking conscious notice of your greatest desire and your greatest need (or set of needs and desires), you’ll have room to craft a strategy that is strongly positioned to secure those assets on your behalf. If, by contrast, you begin negotiations or litigation preparation with no clear sense of your priorities, you’ll be more likely to risk your financial stability moving forward on decisions made in the heat of the moment. At the end of the day, there is no strategic substitute for knowing what you truly want, what you’re willing to sacrifice to get it, and seeking legal guidance accordingly. ]]>On Behalf of Burbach & Stansbury S.C.https://3376105.findlaw4.flsitebuilder.com/?p=511352023-08-31T20:15:16Z2023-08-31T20:15:16ZDivorce will likely be one of the most challenging times of your life, so it’s important to have support. Gathering the right people around you can relieve some of the strain and help you make better-informed decisions.
Here are some of the people to consider asking for help when your marriage is ending:
Family and friends
These people can offer vital support and will probably be only too willing to help. Things they can do include offering a shoulder to cry on, or some laughs to lighten the mood when the divorce is getting you down. Some might even give you somewhere to stay if you decide to move out during the divorce or just need a few nights away from your spouse. If you have children, friends and family can do things such as picking the kids up from school when you can’t make it because you have a meeting about your divorce. They might even take them for a few days to give you a break so you can focus on your divorce. They can also help your children understand what is happening and answer questions that your children might not feel comfortable asking you or your spouse right now.
A therapist
Divorce can be a very emotional affair, and having a trained listener can help you understand more about how you are feeling and what you want for your life moving forward. You might even choose to attend some sessions with your spouse to help smooth the path for dealing with each other going forward, which is particularly needed if you share kids.
A legal representative
Divorce, just like marriage, is a legal matter as well as a personal one. Having the appropriate guidance can help you understand what state law expects from you -- and what you're entitled to receive -- and that can be crucial to getting an appropriate outcome without undue issues along the way.]]>