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ATTORNEYS AT LAW
AREAS OF PRACTICE
- Divorce is the legal process to dissolve a marriage. In a divorce case, the divorcing couple, with assistance from their attorneys and on some occasions from a judge, decide the issues of legal custody and physical placement of children, child support, maintenance (alimony) and property division. At Gagne & O'Halloran, LLC, we are aware of the trauma that divorce can cause the divorcing couple as well as their children. We offer different methods with which to approach a divorce, depending on the client as well as the facts and circumstances of the particular case. These three approaches are traditional divorce, cooperative divorce and collaborative divorce. At Gagne & O'Halloran, LLC, we are experienced in all three methods of providing divorce services. We will meet with you to discuss the facts and circumstances of your case and help you to determine whether you are most comfortable in proceeding with a traditional, collaborative or cooperative divorce.
- Traditional divorce is based on an adversarial model, where the divorcing couple (the parties) negotiate and litigate primarily through their attorneys. It is still the predominant method employed in divorce cases in Wisconsin today. Its drawbacks are that it may pit the divorcing couple against each other, causing hard feelings and animosity. If there are numerous court hearings or other formal legal procedures it can be quite expensive. Despite its drawbacks, there are cases where it is the most appropriate method. Please contact us for more information.
- Collaborative divorce is a fairly new and innovative approach to divorce whereby each party hires an attorney and all four work together in a collaborative, non-adversarial setting to try to reach a settlement that provides the greatest benefit for all family members. The divorcing couple and attorneys sign a written contract committing to proceeding in a civil and respectful manner and further agreeing that they will not resort to the court system to reach a solution or litigate the issues. The divorcing couple is directly involved in the process and retains control over the outcome of their divorce. If a party seeks court intervention, both attorneys must withdraw. For more information regarding collaborative divorce, please contact us or visit www.collabdivorce.com.
- Cooperative divorce seeks to synthesize the best aspects of traditional and collaborative divorce. In a cooperative divorce, the civility, respect, voluntary financial disclosure and generally non-adversarial nature of collaborative divorce is emphasized. A contract is signed committing the divorcing couple and their attorneys to fully cooperating and working together to reach a mutually beneficial agreement. Cooperative divorce leaves open the possibility of litigation-if and only if-it is necessary. If litigation is necessary, the divorcing couple may keep the attorneys that have represented them throughout the negotiations. For more information regarding cooperative divorce, please contact us or visit www.cooperativedivorce.org.
- Mediation is a process whereby the divorcing couple hires a neutral third party to help them reach agreements regarding their divorce. The mediator does not represent either party and cannot, in his/her role as a mediator, provide legal advice to either party. During the mediation sessions, the divorcing couple communicates directly with each other in the hopes of reaching agreements on the various issues that must be decided in a divorce. If an agreement is reached, the mediator will prepare a memorandum of that agreement for the divorcing couple to sign.
Mr. Gagne received formal mediation training in 1990. He strongly recommends that each party have his/her own attorney to provide advice during the mediation process, to review any memorandum of agreement and to convert that memorandum of agreement into a formal legal document.
- Paternity is the process that establishes a legal relationship between a father and a child who is born out of wedlock. It is usually commenced by a father seeking to establish that legal relationship with the child, by the mother who gave birth to the child or, in some circumstances, it may be initiated by the State. To assist the Court in determining paternity, genetic tests of the mother, putative father and child are frequently ordered. This is a painless procedure, involving a swab of the inside of the mouth. Once paternity is established, very important legal rights are determined including the child’s right to support and to have a relationship with both parents or, more formally, legal custody, physical placement and child support.
- Post-Judgment Proceedings (Modification and Enforcement). There are cases where parties need further assistance months or even years after a divorce has been finalized. These are referred to as "post-judgment proceedings" and generally fall under two categories, enforcement and modification.
- Enforcement Proceedings. Sometimes this assistance is needed because the other party is not living up to his or her responsibilities as outlined in the Judgment of Divorce. For instance, a parent may fail to make the children available during the other parent’s periods of physical placement or may fail to pay child support when due. The offended parent may then need to pursue enforcement proceedings to ensure compliance with the divorce judgment.
- Modification Proceedings. There are times when there are substantial changes in peoples’ lives such that certain provisions in the divorce judgment (legal custody, physical placement, child support, or maintenance) may need to change. These modifications may be made by agreement or by court order. For example,
- a child may move from one parent’s home to the other, or
- there may be a decrease or increase in child support (or maintenance) based upon changes in the parties’ incomes or other factors.
- Child Relocation. There are formal legal procedures which should be followed if:
- a parent wants to relocate with a child outside the State of Wisconsin,
- a parent wants to relocate with a child within the State of Wisconsin 150 miles or more away from the other parent or,
- if a parent wants to remove a child from Wisconsin for more than 90 consecutive days.
- Grandparent/Third Party Visitation. Difficult divorce cases can sometimes lead to the destruction of relationships between grandparents and parents. There are instances where grandchildren are cut off from all contact with grandparents. Wisconsin law provides, under certain limited circumstances, that a grandparent or other third party with a significant relationship with a child may be able to seek visitation with a child.
- Prenuptial and Postnuptial Agreements. There are circumstances under which a couple contemplating a marriage or a couple that is already married may wish to have a prenuptial or postnuptial agreement to identify and classify their assets. These agreements may discuss the distribution of assets and debts at divorce and may also be a very effective estate planning tool.
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735 NORTH WATER STREET, SUITE 731
MILWAUKEE, WISCONSIN 53202
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TELEPHONE: (414) 273-5551
FAX (414) 273-5554
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