If you are considering divorce, it’s important to know that Wisconsin is what’s called a marital property state. That means all income, assets, and debts acquired during your marriage are considered marital property and will most likely be divided equally between you and your soon-to-be-ex spouse. Yes, you read that right: debts are also split equally. Examples of debts include credit card debt, medical debt, outstanding mortgage or vehicle loans, and student loan debt.

Under certain circumstances, the court may rule that income, assets, or debt should not be divided equally due to certain factors like length of marriage, the earring potential of each spouse, each spouse’s contribution to the marriage (example: unpaid childcare), tax consequences, and more. The court will carefully analyze these and other factors to determine the best way to divide all property and, yes, debt.

Divorce & Student Loan Debt

In general, any debt incurred during the duration of a marriage is considered marital debt and the responsibility for paying it off is split equally between the spouses. This includes student loan debt.

However, certain factors can make student loan debt a complex issue to settle in divorce court. Many factors must be taken into account:

• Are both spouses names on the loan or just one?
• How much is still owed?
• How did the education earned as a result of the loan impact the earning potential of the beneficiary?
• Was the loan used exclusively for tuition and books or for things that benefitted the whole family, like housing costs?
• Will both spouses have the means to pay off their portion of the debt after the divorce is settled?

Once a settlement has been reached, it’s important to update the loan paperwork to reflect who will be responsible for paying the debt moving forward. Otherwise, the loan company may still be able to call on both spouses to pay towards the debt.

Interesting fact: if one spouse earned their degree while married, the degree itself will likely be factored in as marital property and any increased earning potential acquired as a result of holding the degree used to determine a fair financial settlement.

Caveats to Consider

Student loans generally fall into one of two funding categories: private and federal. Private loans, or those distributed by a private organization, often allow one spouse to release a co-signer from responsibility. Government (or federal) loans usually do not allow this as they often do not ask for a co-signer. So, if you or your spouse hold privately-funded loans, it is possible to reach an agreement outside of divorce court if the primary borrower agrees to release the other from responsibility for the loan.

Another consideration: before 2006, married couples had the option to consolidate federal student debt from each spouse into one, jointly-held loan even if the debt was incurred before marriage. If this is the case for you and your spouse, the court will consider who is named on the consolidated loan rather than the state of each spouse’s debt prior to consolidation.

The Bottom Line

When it comes to divorce and student loans, no two situations are exactly the same. The court will take many factors into account when determining who will be responsible for the debt moving forward. However, it is important to remember that Wisconsin is a marital property state, meaning assets, income, and debt are divided equally between spouses unless extenuating circumstances make equal division inappropriate.

In our experience, here is what we’ve seen: If only one spouse is named on the loan and it is the same spouse who used the loan to access education, it is probable that they will be solely responsible for the debt on the loan. If both spouses’ names are on the loan and both have the means to make the payments, it is likely that responsibility for the debt will be split between the spouses.

The best thing you can do is hire an experienced Milwaukee divorce attorney to help guide you through this complex process. At Ohiku Law, I take the time to get to know my clients so I can make recommendations based on their unique circumstances. My ultimate goal is to make the divorce process as seamless as possible so you can get on with your life. I have extensive experience in marital property law, debt division, divorce, and family court so you can feel confident knowing your interests are protected.

Are you looking for a divorce lawyer in Milwaukee? Give Ohiku Law a call today to get started.

Divorce is a big decision in more ways than one. In my years supporting individuals and families through the divorce process, those who get through the process smoothly have something in common: they’ve thought the decision through thoroughly.

It is estimated that anywhere from 40 to 50% of all marriages end in divorce, with overall numbers declining since 2016. Young adults today tend to wait longer to marry and wait longer before making the decision to divorce. Those who choose to divorce set themselves up for a much smoother experience by hiring an experienced divorce lawyer.

Here are 5 things to consider before filing for divorce:

What is your vision for the divorce process? When you first sit down with your divorce attorney, you will have a conversation about what you can expect from the divorce process. Divorce requires a lot of decisions, paperwork, time, and patience. It can also be an emotional time, particularly if there are children involved. Having this in-depth conversation will help your divorce attorney understand your situation and vision for how you want the process to go, such as your wishes for custody arrangement or division of property. Once your divorce attorney understands your situation and desires, they will be better able to support you through the process.

Do you have the necessary documentation handy? When meeting with your divorce attorney for the first time, be sure to bring your valid marriage certificate. You will also want to outline the reason you are getting divorced, such as abuse or irreconcilable differences, as the attorney will need to prove cause. Your attorney will also help you understand the financial and legal steps you must take before submitting your application for divorce to the courts. While this may seem like an overwhelming process, these steps are made much easier with an experienced divorce lawyer by your side.

What is your ideal child custody arrangement? If you have children and are considering divorce, one of the best choices you can make is to choose to settle your divorce with mediation rather than litigation. When a divorce case goes through litigation, it is the obligation of the judge to decide custody arrangements. In mediation, you, your spouse, and your respective attorneys work together to find a custody solution that is best for everyone – especially the children.

How will your property be divided? The state of Wisconsin is what is known as a “community property state,” which means assets are divided 50/50 in a divorce settlement. When it comes to a home owned as marital property, this can make things complicated. Together with your attorney, you will need to decide if you are willing to sell your half of the house to your spouse, if you want to buy it from them, or if you will both decide to sell. This can be a contentious topic, and your attorney can help you understand your options and navigate this challenge.

Can you afford to get divorced? There’s no way around it: the divorce process can be expensive. In the state of Wisconsin, the average cost of a divorce is around $11,000. Add cost considerations to the other stressful elements of divorce and it can end up becoming quite taxing. Divorces that involve young children and custody disagreements can become even more expensive. Once again, having an experienced, empathetic attorney on your team will help you understand how to manage costs, stress, and all of the decisions you must make.

Are you planning to remarry? If you are planning to remarry shortly after getting divorced, you will want to consider your options when it comes to the length of the divorce process. Often, divorces get tied up in courts when documents aren’t followed on time or are filed with errors. Extensive disagreements between divorcing spouses can also lengthen the process. You may also have options for expediting the divorce process depending on your situation. Your divorce lawyer can help you navigate these situations and understand your options so you can get through the process as seamlessly as possible.
I’m Odalo Ohiku, one of greater Milwaukee’s top divorce attorneys. I am passionate about caring for my clients as whole people, providing strategic legal services that rely heavily on attorney-client collaboration. If you are looking for an experienced divorce law, family law, or general practice attorney in Milwaukee, give Ohiku Law a call today.

Divorce is a complex process made even more challenging when children are involved. If you have children, deciding how to structure your family’s future to best meet their needs is one of the most important decisions you will make in the divorce process. 

Legal custody, physical placement, and child support are the three main elements that will need to be decided upon for children in a divorce proceeding. “Legal custody” describes the responsibility of making major decisions for the children such as education and healthcare. “Physical placement” describes where and with whom the child lives. “Child support” describes the financial support of the child. If you and your partner disagree on one or more of these major elements, you will need to participate in a mediation process to resolve your differences and move forward. 

If you are unable to reach a satisfying decision on these issues even with the help of a mediator, the family court judge may appoint a specialized attorney, known as a “guardian ad litem” (GAL), to assist in the decision-making process. Below are answers to the most frequently asked questions about the role of a GAL. 

What is a guardian ad litem (GAL)?

A GAL is a licensed attorney whose role is to investigate, determine, and represent the best interests of the children involved in a divorce proceeding. 

The responsibilities of a GAL include investigating the ins and outs of the child’s life and experience as part of a family, participating in negotiations and mediation, and advancing a position on major areas of a divorce proceeding that involved children: legal custody, physical placement and, where appropriate, child support. 

The GAL is not the child’s attorney, nor do they fulfill any of the duties of a parent or guardian. Rather, the role of the GAL is to advocate in court on behalf of the best interests of the child. 

Why might a GAL become involved in a divorce case? 

If the parties in a divorce proceeding cannot come to an agreement on major issues affecting children, like physical placement and legal custody, they move to mediation. If they still cannot come to an agreement or mediation is not possible or appropriate in the situation, the court will appoint a GAL. 

A GAL may also be appointed if a judge is concerned about the welfare of the child or children involved in a divorce proceeding. A GAL may be appointed at any time during the case but is usually brought on in the beginning. One situation in which a court may decide not to appoint a GAL is in a modification proceeding where a judge feels this support is unnecessary. 

How is a GAL appointed?

Either the family court commissioner or judge in a divorce case appoints a GAL, and may do so on their own accord or when requested by one of the parents. How the GAL is chosen depends on the law of the county – the GAL is either chosen from a list of attorneys or is specifically contracted by the county to fulfill this duty when necessary. 

What is the role of the GAL? 

The ultimate goal of the GAL is to identify and represent the best interests of the child or children involved in a divorce case. In fulfilling this role, a GAL may be involved in negotiation of settlements, conduct investigations into allegations of abuse or negligence, hire expert consultants, conduct witness interviews, comment on agreements or parenting plans submitted, and engage in court proceedings. 

Either parent in the divorce proceeding can request a status hearing on the work of the GAL. However, this can only happen 120 days after the appointment date. A second hearing can be requested 120 days after the first status hearing. 

Does the GAL meet with the parents and child/children?

Yes. The GAL meets with both parents in their office, usually holding separate meetings with each. The GAL will decide if and when to meet with the child or children and, if they do decide to meet, what location would be most appropriate for the meeting. 

What does a GAL’s investigation into issues that affect the child look like? 

As a divorce attorney in Milwaukee, a GAL only investigates issues that are relevant to the case. Much of the GAL’s investigation falls under the umbrella of “informal discovery,” or interviews with parties involved in or relevant to the case. The GAL may ask for the input of experts such as a psychologist or social worker and may request that the parents sign a release authorizing them to review school and medical records. If one or both parents have issues with alcohol or drugs, a GAL may request that the judge order screening tests. 

Other elements of a GAL’s investigation fall under “formal discovery,” including interrogatories, requesting documents, and conducting depositions.

What factors does a GAL consider in their investigation? 

A GAL considers a number of factors before making a determination and recommendation to the court. Some of these factors may be: the wishes of the parents and child/children; whether there has been abuse or drug or alcohol use that has impacted the child; the safety of all parties involved; the age and developmental needs of the child; the ability of the child to adjust to their living situation, educational situation, and changes in home life; the relationship of the child to their parents and extended family; plans put forward by the parents for supporting and caring for the child; the testimony of experts like social workers and health care professionals; the mental and physical health of the parents; the relationship between the parents and their perceived ability to cooperate in the future on the needs of the child; and many other important factors. 

What happens after a GAL completes their investigation? 

After completing their investigation, the GAL usually gives the parents and attorneys a preliminary summary of what they plan to put in front of the judge. After this preliminary summary, the attorneys and parents meet to discuss the findings and see if they can reach an agreement. If they cannot, the case proceeds to trial before a judge, where the GAL shares their findings and final decision is reached. 

How is the GAL paid? 

The judge in a divorce case decides who will pay for the GAL. Usually, they determine that the parents will split the cost of the GAL. In cases where the judge determines that one or both parents are unable to pay, the county may become responsible for payment. However, in this case, the parents are still responsible for paying any fees and may be required to pay back the county over time. 

Can I request to change GALs? 

Only a judge can remove a GAL from a case and there are very few circumstances in which they would decide to do so. 

How long is a GAL involved in a divorce case? 

Statute dictates that a GAL serves in their role until one of two things happen: either the parents reach a written agreement resolving the relevant issues or the judge makes a decision in the case at a hearing. 

A judge may decide to dismiss a GAL if they decide it is no longer necessary to employ these services. In case of an appeal, the same GAL is involved unless the judge says otherwise. If a new motion is filed, the judge decides whether to appoint the same or a different GAL to represent the interests of the child. 

Early in the divorce process, you may be tempted to consider representing yourself in court. One of the biggest reasons people choose to do so is that they think it will save them money, so they overlook some of the significant downsides to foregoing the advice and support of a divorce lawyer. 

Perhaps you weren’t married for long, or you and your spouse do not have children or significant assets. In certain cases, you may be ok using a kit or online service instead of hiring a lawyer to help you with your divorce. However, the majority of people see big benefits in hiring an experienced divorce attorney. 

Here are 3 reasons why you should hire a divorce lawyer:

1. Expertise in family court and divorce law. In hiring an attorney experienced in family court and marital law, you benefit from their years of expertise in navigating the often complicated divorce process. Those who represent themselves are held to the same standard as a divorce attorney in court, receiving no special treatment from the judge. In fact, not knowing the law, what documents you need, or what the next steps are in the divorce process will almost certainly cause a judge to lose sympathy and patience for your cause. Even experienced lawyers going through a divorce process hire an attorney if marital law is not their area of expertise.
2. An objective perspective. Going through a divorce can be extremely emotional, distracting, and disruptive to your normal routine. Added to this emotional stress are the complexity, time, and money that goes into the legal process of getting a divorce. In hiring a divorce lawyer, you gain a team member who can provide an outside, expert perspective, answering your questions, guiding you as you make decisions and set priorities, and providing advice based on their years of experience. Your divorce attorney has your best interests in mind during a time when you may not even be sure what a satisfying solution may look like. The most “successful” divorce cases end in compromise, with both sides agreeing to a solution that may not necessarily be exactly what they were hoping, but is best for everyone involved. An experienced attorney can help you focus on the big picture rather than getting bogged down by every little thing. As a divorce attorney myself, I know that my clients have limited time and money, so I do my very best to move the process along, providing support and an objective, expert perspective along the way.
   
3. One word: paperwork. Unless you’ve previously gone through a divorce without hiring a lawyer, it’s hard to imagine the amount of paperwork needed to complete the process. In deciding to represent yourself, you miss out on having an expert at every stage of the divorce process ensure you have the documentation you need. In court, the judge relies heavily on documentation to make their judgment, and not having the right paperwork can hurt your case by making you seem careless or intentionally evasive. An experienced divorce attorney can make sure your paperwork is filled out correctly in a way that makes a persuasive case, better positioning you for a favorable outcome. Finally, not having the right paperwork will slow down the divorce process significantly; in fact, it’s one of the biggest reasons cases get tied up in the courts. 

There are lots of reasons why hiring a divorce lawyer is the right call. In addition to having an expert in marital law and family court on your team, you have someone you can turn to for advice, perspective, and help in seeing the bigger picture. 

You don’t have to go through the divorce process alone; at Ohiku Law, we help clients in Milwaukee and across the region with expert legal advice and services. Divorce is our area of expertise, and we are passionate about ensuring you and your family get through this stressful time as quickly and smoothly as possible. For questions or to get started today, give us a call. mobile notary Jacksonville, Accountant Abbotsford, Lawyers in Yonkers