Family Law | The Law Office of Geoffrey J. Lorenz, LLC http://www.geofflorenzlaw.com Business Focused. Relationship Driven. Fri, 06 Aug 2021 20:03:27 +0000 en-US hourly 1 https://wordpress.org/?v=5.7.12 Considering a Prenup? http://www.geofflorenzlaw.com/2015/12/01/considering-a-prenup/ Wed, 02 Dec 2015 01:55:06 +0000 http://www.geofflorenzlaw.com/?p=389 Wisconsin prenup agreements allow spouses to avoid Wisconsin’s marital property rules upon filing for divorce or separation. Wisconsin law says that each spouse owns one-half of all marital property. However, what is considered “marital property” during a marriage is different at divorce. The definition for divorce is far broader, even covering property titled to only one spouse, or property owned before the marriage. If you wish to protect assets from equal division at divorce, you should strongly consider a Wisconsin prenup.

This is particularly true for spouses marrying late in life, or who received valuable gifts or inheritances. A Wisconsin prenup also sets expectations for each spouse’s financial contributions during the marriage. The agreement should be drafted far before the wedding. Both spouses should be aware of each other’s assets, and the effect on their rights. A poorly-drafted Wisconsin prenup has a greater chance of being dismissed. The standards to uphold a Wisconsin prenup are rather strict, so you should consult with a qualified lawyer to ensure proper drafting.

A prenuptial agreement does force you, as a couple, to talk about very important topics beforehand. The agreement itself is designed to protect both parties throughout the marriage and in the event of divorce. If having a legal, binding document gives you additional confidence to move forward with the marriage, consider contacting an attorney to draft your prenup.

If you signed a Wisconsin prenup, and wish to challenge its validity, you must consult with an experienced family lawyer. Legal challenges to prenups are extremely fact-driven.

Disclaimer: The above information is provided as general information, not as legal advice, and does not create an attorney client relationship. Before making any decisions regarding legal matters, individuals should consult with a qualified attorney.

]]> Can the same lawyer represent both spouses in a divorce? http://www.geofflorenzlaw.com/2015/10/21/can-the-same-lawyer-represent-both-spouses-in-a-divorce/ Thu, 22 Oct 2015 00:57:57 +0000 http://www.geofflorenzlaw.com/?p=397 Many times potential clients will ask if both spouses can be represented by the same attorney for their divorce. The answer is no. In Wisconsin, a lawyer’s ethical obligations prohibit him or her from representing two parties in the same action who have adverse interests. Divorcing couples undoubtedly have adverse interests. Therefore, the same lawyer cannot advise both clients without violating his or her duty to one of them.

As an attorney, my duty to you, as my client, is to zealously advocate only your position, and ensure your interests. This is not possible if I also had a duty to work as hard as possible for your spouse’s interests as well.

I recently represented a client in a divorce case and the parties basically agreed on everything. In situations like this, I will represent one spouse and work with the other spouse to get all necessary documents written and signed, keeping my client’s best interests in mind. This way, I maintain my ethical obligations and my client receives sound advice and unbiased representation.

No two divorces are the same and it is best to consult with a divorce attorney, regardless of whether you believe you and your spouse agree on all issues. There are adequate means of handling amicable divorces that do not result in conflict of interests and unsatisfied spouses. I am happy to speak with you if you are searching for divorce representation tailored to fit your needs.

]]> How can I keep my legal fees low for my family law dispute? http://www.geofflorenzlaw.com/2015/10/12/how-can-i-keep-my-legal-fees-low-for-my-family-law-dispute/ Tue, 13 Oct 2015 00:58:36 +0000 http://www.geofflorenzlaw.com/?p=399 Clients often seek the help of a family law attorney when they are facing difficult and emotional concerns for themselves or their children. Certain complex legal issues can no doubt become expensive. However, as a client, there are some actions you can take to minimize your legal fees for family law.

  1. Request copies of documents via email, to cut down on letters, copies, and postage.
  2. Cooperate with your family lawyer. Accept advice, stay in contact, and respond promptly to requests for information.
  3. Identify your goals and focus with your lawyer on achieving them.
  4. Understand which battles are worth fighting. Arguing over every point leads to high legal fees for family law.
  5. Have regular discussions with your lawyer about legal fees. Review the monthly bills carefully. Your lawyer should be able to explain the purpose of all work billed.
  6. Seek assistance from appropriate sources. Try to avoid using your lawyer like a (very expensive) therapist. Your lawyer can and should help you through difficult emotional times, but it is wise to consult a therapist, usually covered by health insurance, for non-legal counseling.
  7. Inquire into alternative legal fees arrangements, including limited representation, flat fee, or hybrid billing rates.
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