Family Law Attorneys
Going through a divorce can be an overwhelming and emotional process, even more so when children are involved. Oleniczak Law LLC is a family law practice who can help you understand your legal rights during this challenging time. Our attorneys specialize in all aspects of family law and will work diligently to get the best settlement for you and your loved ones. Don’t allow yourself to become overtaxed with the intricacies of the legal system. Let the family law attorneys at Oleniczak help you. We can assist with:
- Child custody
- Divorce decree amendments and changes
- Child support
Your Family Law Attorneys at Oleniczak Law
The law is complicated and having an attorney on your side ensures you have the best result possible. The legal team at Oleniczak Law is dedicated to helping you understand all your legal rights. We have a scope of legal understanding unparalleled in the Mukwonago area and are on your side from day one. Our firm strives to provide prompt, accurate and compassionate assistance through the most challenging cases. Our belief is simple, each client is an individual and we work to build a strong relationship with each one.
Divorce is the termination of a legal marriage and restores both parties to single status. The divorce process can be difficult, and there are many aspects that need to be handled prior to filing. There are fault and no-fault divorces. A no-fault allows the termination of a legal marriage in which neither party accepts blame for the separation. A fault divorce is declared when one spouse can prove legal justification for the divorce. These justifications can be:
- Emotional or Physical abuse
- Addictions or substance abuse problems
With a divorce, you must also divide assets and establish liabilities. Marital property is comprised of all the capital and financial responsibilities that were incurred during the marriage. It will not typically matter which spouse’s name is on the asset, they must be addressed individually in a divorce decree. These can include:
- Bank accounts
- Retirement accounts
- Real estate and property
- Business interests
- Airline miles
- Credit and debt
An annulment is a legal process that erases a marriage. It virtually expunges a marriage off the record. There must be significant legal justification for an annulment, and they are not granted very often. Justifications can include:
- Forced consent
- Mental or physical incapability
- Inability to sexually validate marriage
- Underage marriage
A prenuptial agreement is a standard legal step taken before a marriage to protect property and assets. It institutes the financial rights of both spouses in the instance of a divorce and shelters assets. A prenuptial can also protect one party from taking on the debts of the other spouse. Clarifying financial accountabilities regulate how any property will be passed upon death and evade long, expensive divorce disagreements.
Alimony is a monthly spousal support payment made by one spouse to another in accordance with a settlement or court compromise. Alimony is used to correct any discriminatory economic effects instigated by a divorce. For example, if one spouse is non-wage earning or lower-wage earning. Alimony is determined by the age, mental state and financial circumstances of former spouses, the standard of living during the marriage, the period the recipient would need to become autonomous, the duration of the marriage and the ability of the supported spouse to care for him or herself while paying alimony.
Child Custody and Child Support
If the parents cannot agree on a plan for child custody, then the courts will step in to evaluate what is best for the child or children involved. The courts first allow parents to come to an agreement using mediation, but if that doesn’t work they look at:
- Physical and mental health of the parents
- Lifestyle and social factors
- Child’s age, gender, mental and physical well-being
- Love and emotional connections between the child and parents
- Each parent’s capacity to provide food, shelter, clothing and medical care
- Quality of education in the area
- Child’s inclination if over the age of 12
- Environmental security
- Skill and inclination of parent to foster a good relationship between the children and the other parent
There are a variety of custodial arrangements like:
- Legal custody: The right and obligation to make choices about raising the child. This includes education, religion, medical care and punishment. When bestowed joint legal custody, parents share these privileges.
- Physical custody: The ability of a parent to have a child with him or her. Most courts order joint physical custody, though the time-split is often not the same as 50/50.
- Sole custody: Sole custody arrangements provide one parent with total custody rights and allow the other only visitation rights.
- Joint custody: This custody enables parents to synchronize their schedules and share decision-making duties.
- Bird’s nest custody: This occurs when the child lives in one home and parents alternate in and out of the home and take turns taking care of the child.
Family law mediation is used to resolve family conflicts. With family mediation, an unbiased third-party mediator helps two parties to overcome their disputes as they reach an agreement. Family mediation can save the parties’ time and costs associated with a trial, but the decisions may not be legally necessary.
Contact Oleniczak Law LLC
If you are facing any family legal situations, know that you have an experienced family law firm on your side with Oleniczak Law LLC. Our team near Mukwonago is ready to help. Don’t hesitate to call 262-642-4368 and set up an appointment today.
Atty Oleniczak is a member of the Walworth County Bar Association; the Racine County Bar Association and the Wisconsin Family Law Commissioners Association; and the Wisconsin State Bar
We practice in Jefferson / Waukesha / Walworth / Kenosha
Initial phone and first ½ hour in person consultation are free