West Bend Divorce Lawyer
Any West Bend Divorce lawyer would attest to the significant skill and experience necessary for litigating a divorce case. At Derr and Villarreal, our divorce attorneys have over 50 years combined experience to guide you through this most difficult journey. We know that divorce is life changing and we help you rebuild your life for the better.
To that end, Derr & Villarreal will not only guide you each step of the way, we also make sure to dot the “I’s” and cross the “T’s” from the moment you discuss the possibility of divorce until after the final hearing when any liens have been recorded and pensions divided. This significant attention to detail ensures both your financial security as well as the goals you have on sharing the children.
Initially, we’ll discuss what immediate issues need to be handled if there is a dispute such as who will continue to live in the residence if you cannot live together as well as immediate financial issues such as marital support, child support, health insurance, responsibility for the payment of debts and a placement schedule to share your children.
Mediation
The court may order the parties to participate in divorce mediation. This is the process where a neutral mediator assists the two of you in coming to a resolution on how you will share your children. This generally occurs early in the process. Timing is critical. If the divorce mediation is too early, people might not have sorted out their feelings on the issues and may not be ready to make final determinations. But it can also be ordered too late when the parents are entrenched in rigid positions and have even brought family members into the conflict to create “tribal warfare.”
GAL
If there is significant disagreement at the outset, the court may appoint a guardian ad litem (“GAL”) even before divorce mediation. The GAL could be a West Bend Divorce lawyer the court appoints to represent the best interests of your children in the family law action. In Wisconsin the GAL must be an attorney, but this is not necessarily the case in other states. This attorney does not advocate for whatever your children want but rather what is in their best interest.
Assets
Despite the necessity of covering all these immediate issues, our West Bend divorce lawyer will nevertheless work to understand your vision for the future. We’ll set your specific goals, so we can work together to ensure that they are met. Everyone is unique. Some people want to keep their home while others can’t wait to sell. Some clients prefer their property more “liquid” or more easily converted to cash, while others may prefer to retain assets that are not as easily converted to cash such as real estate or retirement assets. Whatever your goals, our attorneys at Derr & Villarreal work tirelessly for you.
Once we have together established your goals, we’ll gather all related information called “discovery” which can be either formal or informal. Derr & Villarreal is assertive, thorough and persistent in following through to uncover all relevant facts of your marriage. We leave no stone unturned. This includes not just finances but also discussing the factors relating to how you will eventually share your children.
Our West Bend Divorce lawyer will consider the factors most relevant to the trial court for your case. To name a few, this includes the relationship that each parent has with your children, how you’ve shared the children in the past, your children’s relationship to each other, how the two of you communicate and cooperate, the children’s adjustment to their home and community and their own wishes, the parents’ desires, and what, if any, evidence exists about drug or alcohol abuse.
The court looks specifically at any history of abuse or neglect of the children, any criminal record, if there has been any violence in the family between the parents, someone else living in the home or even someone who doesn’t live in the home but who is in a dating relationship with a parent.
Only when you have a solid understanding of both your marital estate as well as the factors affecting how you will share your children do we open lines of communication for settlement. In those discussions, we work professionally to minimize the tension and keep open lines of communication which is the best way to maximize your financial goals, as well as how you are going to share your children. Our skilled West Bend divorce lawyer will work closely with you from the beginning until the end always keeping in mind the goals you initially set.
Financial Mistakes to Avoid During Divorce
A West Bend divorce lawyer understands that when you get divorced, it’s likely that your financial situation will significantly change. You won’t have two incomes to rely on anymore, so you’ll have to make the appropriate adjustments. At Derr and Villarreal, our divorce lawyers have witnessed people make financial mistakes that made their life more difficult after divorce. Here are some of the common mistakes you should avoid:
Underestimating Your Expenses
Because you will only have one household income now, it’s important to keep track of your expenses more carefully. A West Bend divorce lawyer may recommend that you write down all of your monthly expenses and create an appropriate budget. It may be necessary to cut some of your expenses. For example, you may consider getting rid of cable or not going out to eat as often.
Failing to Understand Your Responsibility for Unsecured Debt
Any unsecured debt, such as credit card debt, incurred during the marriage is the responsibility of both partners. A West Bend divorce lawyer can explain that even if your spouse was the only one who used the credit card, you may still have a liability to pay your share. That’s why it’s wise to pay off all of your debt before the divorce is finalized.
Not Securing Child Support with Insurance
It’s important to realize that you can only collect child support after your divorce if your spouse has the ability to pay. If he or she becomes disabled or dies, you won’t be able to receive support anymore. To give you a peace of mind, ask your spouse to obtain disability and life insurance policies to ensure you still receive support in the event of his or disability or death.
Keeping the Family Home When You Can’t Afford It
Your West Bend divorce lawyer can also discuss your options regarding the family home. It’s understandable that you want to stay in the family home after your divorce. Your kids grew up there and you feel comfortable there. However, if you are unable to afford the mortgage payments and property taxes, holding onto the home is a mistake. You could find yourself in a financial bind down the road. If you can’t afford to keep the home, you should sell it.
Not Looking at Your Long-Term Financial Security
Many people who get divorced make the mistake of only focusing on dividing their assets and getting child support and failing to consider their long-term financial security. If you don’t take into consideration how your finances might look five to 10 years down the road, you could face serious consequences. It’s beneficial to hire a financial advisor to help you properly plan your financial future.
Let a Divorce Lawyer West Bend Clients Trust Help
If you have any questions about your finances after a divorce, each divorce lawyer in West Bend from Derr and Villarreal are happy to help. We have assisted many people in similar situations to yours and know just how difficult divorce can be. We offer free consultations, so you don’t have anything to lose by setting up a consultation with a dedicated West Bend divorce lawyer from our firm.
If you would like to set up a meeting with a West Bend divorce lawyer, we encourage you to give us a call.
Lisa Derr
Lisa Derr is an experienced Divorce and Family Mediator with three offices in east central Wisconsin. She started the family mediation practice in 1995. Lisa earned her BA in psychology from the University of Wisconsin in 1984 in four years despite a serious car accident that involved a 2-month hospital stay. She began practicing law in 1987. For the first 8 years of her career, Lisa litigated personal injury and divorce cases. But she was frustrated with the tremendous financial and emotional cost of divorce trials. Contested hearings inhibited reconciliation and healing for thewhole family. She started the Beaver Dam divorce mediation practice in 1995 and with her partner, Cassel Villarreal, expanded to Oshkosh and West Bend ten years later.