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Disputes and conflicts
are often unavoidable in life. The definition of "family" is ever changing.
And divorce and separation are never easy on anyone, particularly children.
There are some steps you can take to make the process less painful and
the results more certain. First, you should make appropriate plans before
you live together or marry to govern the possibility of splitting up, and
to remove property disputes and alimony issues from an already emotional
and traumatic procedure. Secondly, the vast majority of divorces and
separations are settled without a trial, and it is important for you
to select a lawyer who has the time and ability to analyze and understand
your personal, financial and business situations. Your lawyer must know
the art of compromise and work effectively, but have the skill, experience
and will to take your case to trial if necessary. We do.
We have been helping
fathers, mothers, executives, professionals and business owners plan
for and cope with the difficult problem of divorce and separation for
over 27 years. We know when to negotiate, when to litigate, and how
to get you a fair shake!
- Prenuptial
Agreements
- Cohabitation
Agreements
- Divorce and
Separation Trials
- Marital Settlement
Agreements
- Maintenance
(Alimony)
- Child Support
and Placement
- Property Division
- Wealth Preservation
- Business and
Asset Protection
- Estate Planning
While our goal is
to help resolve divorce and separation issues in a cost-effective and
amicable way, there are times when aggressive action is necessary to
get results for our clients. We have often used our expertise and tenacity
successfully in family law litigation, including the following reported
cases:
Child Support
Payments and Credits, Statutory Interpretation Issues
In
Re Marriage of Schulz v. Ystad, 155 Wis.2d 574, Consolidated
(1990)
We successfully
challenged a statute prohibiting courts from giving a spouse credits
against a child support obligation for direct payments made on behalf
of the children and former spouse. The Supreme Court upheld our claim
that the statute did not prohibit adjustment of the support obligation
where required by the circumstances and remanded the case to the trial
court for determination of the amount of credit to be given. This
decision resulted in new legislation governing the payment of support
and the granting of equitable credits against support obligations.
Fiduciary Duty
and Constructive Trusts Issue
Gorski
v. Gorski, 82 Wis.2d 248, 262 N.W.2d 120 (1978)
We successfully
defended the trial court claim that a family member had not fully
accounted for the investment of funds allegedly entrusted to him by
his brother. The Supreme Court agreed with our reasoning that there
was no agency relationship created between the brothers, but held
that there was a fiduciary duty arising out of the close family relationship
to make a reasonable accounting. On remand to the trial court for
further proceedings we facilitated a reasonable settlement of the
dispute.
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