One of the most common questions about divorce is how to divide assets. Under Wisconsin law, the presumption is that all marital property is to be divided equally between the spouses, but the court may consider a variety of factors and deviate from this presumption....
Becker, Hickey & Poster, S.C.
The first steps to take if your spouse asks for a divorce
Even if you think your marriage is on solid ground, it's always possible your spouse could ask for a divorce. While you don't want to worry about this your entire life, should your spouse bring divorce to light you must know how to properly deal with the...
Property division and the fate of your business post-divorce
If you and your spouse are facing divorce, your family business will likely be the focal point in the property division phase of proceedings.There are three basic options to consider, two of which require establishing a valuation for your business. Consider the pros...
HOW TO CHOOSE A FAMILY LAW PROCESS: Traditional, Collaborative, Cooperative, or Mediation?
**This blog was originally posted on the State Bar of Wisconsin Family Law Section web page** Unlike in years past, clients now have many choices for how to handle a family law matter. Should they use the traditional, adversarial method, engage in collaborative or...
Your divorce does not reflect poorly on the gay rights movement
If you are an adult, you lived in a time when gay marriage was not the law of the land. Beginning even before the protests at the Stonewall bar, LGBT Americans fought for equal protection under the law. After years of hard work, the U.S. Supreme Court held that...
Can we still use a third party to make decisions in family law after Universal Processing?
**This blog was originally posted on the State Bar of Wisconsin Family Law Section web page** Use of a decision maker who is selected by the parties, such as a special master, in family law can be extremely useful to achieve several goals. First, the case can be...
The Danger of Social Media in Family Law – Anything You Say or Post Can Be Used Against You.
Can My Social Media Postings Be Used in Court? Yes. Social media postings are no different than other evidence. In order to be admissible in court, social media postings must be relevant, authenticated and admissible at trial.What if My Social Media Accounts are...
Guardianship v. Conservatorship: How do you choose?
You may be familiar with the terms "guardianship" and "conservatorship," but when faced with the decision to select one legal process over the other for a family member or friend you may need advice on which process is best.What is Guardianship?Guardianship is the...
Common legal issues caregivers go through
Caregivers have an immensely difficult job. The state of Wisconsin recently approved funding that would help caregivers of children with autism get the training needed to prevent regression in the child. Caregivers of senior citizens have their own...
Pooled Trusts: An Alternative to Special Needs Trusts
Special needs trust often are the first "go to" option for persons with disabilities who are in danger of losing valuable public benefits due to the receipt of an inheritance, personal injury award or divorce settlement. In most cases, the use of a properly drafted...