Can the Coronavirus affect custodial rights? How Divorce and Parenting Time may be impacted.

If you currently have a custody or placement order, that order remains in effect. It trumps the Safer at Home order. This is because travel to transport your children under a custody order is considered “essential travel”. Thus, you cannot disregard the order unless there are circumstances where you cannot keep up with the order. In this case, you must do your best to communicate with your partner and come up with solutions that will work for you both.

How to Co-parent during the Coronavirus pandemic

Communication and co-operation are very important during this period. You must do your best to be open with the other parent and work as a team. Talk through your concerns with a mind that is open to new arrangements. Reduce fault-finding and focus on the bigger picture – getting your family through the pandemic. Both of you should work together to come up with custody arrangements that will accommodate the concerns and interests of you both.

Can I expect divorce rates to rise after coronavirus?

The short answer to this is Yes.You can expect divorce rates to rise after coronavirus. Divorce lawyers have identified their peak times as periods after long exposure during the summer and Christmas holidays. This is because, in relationships where problems already exist, more time spent in self-isolation increases the chances of those problems putting more strain on the relationships. The pandemic also brings with it feelings of uncertainty around money, employment, and health. These uncertainties, in addition to the preexisting strain, are bound to create a ‘pressure cooker waiting to blow’ situation.

Can I proceed with a divorce if a stay at home order is in effect?

The general answer is Yes, you can proceed with a divorce if a stay at home order is in effect. However, the specific details of your circumstances are important. If you are yet to file for the divorce and currently living with your spouse, you may need to consider the timing of the filing. If you had started the divorce process before the stay at home order, it will proceed, albeit a bit slower during the stay at home period. You will need the services of a family law attorney in your area that can help you understand your situation better and give you more specific legal advice.

Should my Custody Order be Temporarily Adjusted During the Coronavirus Pandemic?

Your custody order does not have to be adjusted during the coronavirus pandemic – unless there is a serious need to do so. This is because while there is a stay at home order in place, your custody trumps the stay-at-home order. Therefore, adjusting your custody order may be frowned on by the courts – except in extenuating circumstances. In these circumstances, it is important to get your ex-spouse on the same page as you. It is also important to document whatever concessions and changes you make and keep hard copies of them.

Will I be Able to Meet With my Divorce Attorney During the Coronavirus Pandemic?

At the law office of John F. Zeckel, we will be happy to meet with you during the coronavirus pandemic. We understand how extremely important it is to have a relationship with you that is built on trust. We also understand that you may need to discuss some sensitive issues with us and that it is easier to do so in person. However, to make a physical meet work, please understand that we would have to screen you to determine any risk of exposure to COVID-19. We will also have your attorney screened to limit your chances of exposure too.

Facing Child Custody Concerns During the Coronavirus Pandemic

Child custody concerns during the coronavirus pandemic are understandable. With the need to maintain a high level of hygiene and social distancing, the logistics of child custody can be a difficulty. The desire to keep your child where you are sure is safe is almost overwhelming. However, you have to be careful not to deny the other parent their fair share of time with the children. Discussing things with your ex-spouse and working as a team to come up with solutions that work for you is guaranteed to help make things easier.

How Can I Keep My Child Safer With a Co-Parent in the Medical Field During COVID-19?

First off, you need to understand the COVID-19 pandemic should not be used as a weapon to restrict your ex-spouse’s access to the children. However, you and your medical field ex need to agree that the child cannot spend time with them for the time being. You can both work together to keep communications between the child and parent open through virtual relations. The child can have share phone calls, texts, and emails with the parent. Also, you can schedule video calls with the medical parent so that some form of face time is accomplished.

Does a Lockdown or Stay-At-Home Order Affect My Custody/Possession Schedule?

No, a lockdown or stay-at-home order cannot affect your custody or possession schedule. You and your ex-spouse are expected to keep the schedules outlined in your custody agreement. However, the custody agreements had been drafted in a time that was coronavirus-free. With the pandemic whipping across the globe, you and your ex are expected to work together and come with scenarios that would ensure the safety of everyone, while allowing each parent have as much time with the children as possible. Be sure to document whatever changes you both agreed to.

What If the Other Parent Is in Another State? Can I Still Exercise Time With the Kids?

Having your child travel across state lines to go and see your ex-spouse can be a bit difficult in these times. However, as most courts state that the possession schedule should not change, COVID-19 notwithstanding, you have to be innovative about this. If the child would have normally taken a flight to see your ex, you might consider driving down to exchange custody. If the other parent is in a state where the entry has been restricted, you can consider having the child spend virtual time with the other parent for this period.

Property Division Lawyer Menomonee Falls | Law Office of John F. Zeckel, S.C.

Name: Law Office of John F. Zeckel, S.C.
Address: N88W16551 Main St, Menomonee Falls, WI, 53051, US
Telephone: (262) 255-2050
Price range: $0

Successful Property Division Attorney Serving Menomonee Falls Divorce Clients

home that may be up for property division in a divorce In Wisconsin, the division of property between spouses in a divorce is known as division of community property. It is important to evaluate which assets, property, and debts are marital or nonmarital in determining what each spouse is likely to retain in equitable distribution. The Law Office of John F. Zeckel, S.C. has helped countless clients take stock of what they own and clarify what they hope to walk away with once their divorce is finalized. We are happy to do the same you for.

What Constitutes Marital Property in Wisconsin?

Marital property can include pensions, 401Ks, retirement plans, bank accounts, stocks, bonds, business assets, real property, cars, personal effects and gifts, and other wealth instruments. In many cases, a party may not be aware of exactly what financial assets his or her spouse may possess. Under the statutes of Wisconsin law governing community property, the court will strive to divide assists equally if they were accrued during the marriage. Furthermore, it will seek to do so based on a fair percentage that corresponds to what each spouse contributed during the marriage.

The court will consider the following factors:

Marriage length
Marital history of both parties
Age, health, station, & sources of income, vocational skills, employability, estate, liability & needs of each of party
Contributions by one party to the education, training, or increased earning power of the other party
Opportunity of each party for future acquisitions of capital assets & income
Contribution or dissipation of each party in the preservation, depreciation, or appreciation of the marital property, including the contribution of a party as homemaker
Property value
Standard of living established during the marriage
Economic circumstances of each party
Whether or not each party will serve as the custodian of any minor children

Get the Help & Support You Need

As you can imagine, the assessment and division of property is a complex component of divorce that must be handled carefully. Even couples who have reached a general consensus regarding marital property and assets benefit greatly from the expertise of a skilled family lawyer. We can ensure that no important assets are overlooked and that you are well-positioned to get the outcome you want.

The Law Office of John F. Zeckel, S.C. provides effective legal representation to clients who are facing divorce and property division issues in Menomonee Falls, Waukesha County, Washington County, and throughout southeastern Wisconsin. Contact our firm today at (262) 255-2050 to schedule a free consultation with an experienced lawyer.