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Divorce & Family Law

Divorce is never easy and each divorce or family law issue is unique. The divorce and family law attorneys at Stellpflug Law, S.C. will work closely with you to address your individual circumstances and priorities. They will listen to your needs and goals will advise you on the best course of action.You will be able to make fully informed decisions and be able to move forward with confidence and security.

Frequently Asked Questions

What is a divorce?
A divorce is the termination of a valid marriage. Typically in the divorce the parties and/or court resolve all issues between them, such as division of property and debt, child custody and visitation, and spousal and child support.

What is an uncontested divorce?
An uncontested divorce is one in which both parties agree to the divorce and the terms of the settlement without going to trial. This does not mean there are no arguments or disputes between the spouses. It simply means the spouses reach an agreement without going to court and having a judge resolve contested issues.

Uncontested divorces move much faster through the court system and are therefore less expensive. In addition, bypassing the lengthy litigation and trial process tends to reduce hostility and allows the former spouses to move on with their lives more quickly.

What happens when the parents cannot agree on a placement schedule for their children?
The typical process is that the parties will be court ordered to attend mediation. Mediation is a confidential process whereby the parents meet with a trained mediator. The mediator's job is to help the parents attempt to reach a compromise that they will both be willing to accept. If an agreement is reached at the mediation stage, the placement matter is settled. If an agreement is not reached, the Court appoints a Guardian ad Litem. The Guardian ad Litem will conduct an investigation and make a recommendation to the parties and the Court as to what placement schedule is in the best interests of the child(ren).

At what age does a child get to choose where he/she wants to live?
A child never gets to choose where he/she wants to live in the context of a divorce placement situation. The child's opinion is one factor that the Court may consider. It is the Court's job to make a placement arrangement for the minor child(ren) that is in his/her best interest. In most cases, a Guardian ad Litem is appointed by the Court to conduct an investigation that will help the Court determine what is in the child's best interest.

What is a normal placement schedule?
Wisconsin Statutes state that each parent shall have substantial periods of placement. The statute does not say the parents will have equal periods of placement. In a community where we have to deal with shift work on a regular basis, there is no normal placement schedule. There are many factors to be considered when determining a placement schedule for minor children. One of the most important factors is the availability of each parent. Availability can be determined by the parents work schedules, and the parent's geographical distance from each other.

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