Posted on December 03, 2016 in Divorce

It helps to understand the difference between a Legal Seperation and a Divorce.

A divorce is a legal proceeding which terminates the legal relationship between you and your spouse. As part of the divorce proceedings how assets are divided and decisons on child support, child custody and/or alimony are decided. A divorce ends the marriage.

A legal separation is very similar to a divorce in regards to the proceedings. The court can make judgments regarding issues such as child custody and property division just like a divorce, but when it is all said and done you are still married to your spouse.

Formal legal separations are relatively rare today but some people still pursue them for religious reasons or as a way to stay on their spouse's health insurance policy. Many people will say they are legally separated when they are actually going through a divorce. What they really mean is that the court has ordered them not to have contact with one another while the action is pending.

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 Posted on December 01, 2016 in Child Custody

Understanding the difference between joint custody or primary placement is very important when children are involved.

Joint Custody

Joint legal child custody means that both parties share legal custody of the child or children and that neither party's legal custody rights are superior to the other. The judge will grant joint legal custody if he feels that the parties can communicate with one another well enough to make joint decisions regarding the child's well being.

Primary Physical Placement

If the judge feels that the parties cannot communicate with one another, then one spouse will be granted sole legal custody giving that spouse the authority to make all the major decisions regarding the child or children and the other spouse will have very little to say about it. Primary physical placement means that one parent has the right to have the child placed with them and the right to make all the routine daily decisions regarding the child. Practically speaking, primary placement is very important because the parent that has primary physical placement of the child is not only the parent the child will actually live with, but also is the parent that receives child support. For more information on child custody in Wisconsin, child custody legal advice, or to schedule an appointment, contact us for an initial consultation. John T. Fields & Associates serves Madison, Wisconsin and the surrounding area.

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 Posted on November 10, 2016 in Divorce

Alcoholism can and does destroy marriages

In the United States today, it is estimated that 1 in 13 adults abuses alcohol or is an alcoholic, with more than 50% of adults having a family history of alcohol abuse. With any type of divorce or custody case, it is important to put the needs of the child or children first. When one parent has alcoholism, these cases become more challenging. Alcoholics have difficulty because most of the time they are focused on drinking. Unfortunately, this does not allow them to focus on being a parent and making sound decisions about what is in the best interest of the child. Alcoholism, like any addiction, is a disease which will affect a person for the rest of their life. There is no one-step cure and it can be a long battle with the disease.

Signs your spouse is abusing alcohol:

• Their tolerance to alcohol has built up where it now takes more drinks to
• They have given up other activities they used to enjoy, and instead are

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 Posted on December 00, 0000 in Child Custody

If you are going through a divorce and have a child, you may be wondering whether your child needs a legal advocate of their own for the court proceedings. In Wisconsin, the legal advocate is called a guardian ad litem, or GAL. A GAL is an attorney the court appoints to specifically represent your child's best interests. 

According to the U.S. Census Bureau analysis, nearly one-third of American children experience their parents' divorce before adulthood. Many of those divorces involve child custody and placement disputes serious enough to require a GAL. If you have questions about whether your child may need one in 2026, a Dane County, WI child custody attorney can help you think through your options.

What Does a Guardian Ad Litem Do in a Wisconsin Divorce?

A guardian ad litem is a licensed Wisconsin attorney assigned to investigate what child custody and placement arrangement is best for your child. The GAL does not simply report what the child wants, but instead weighs the child's wishes against a broader picture of what will keep that child safe and stable.

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