O'Neill Law FirmO'Neill Law Firm2024-03-22T10:01:49Zhttps://www.oneill-law-firm.com/feed/atom/WordPress/wp-content/uploads/sites/1503348/2022/12/cropped-ONeill-favicon-32x32.pngOn Behalf of O'Neill Law Firmhttps://www.oneill-law-firm.com/?p=2567412024-03-19T10:02:02Z2024-03-22T10:01:49ZChapter 7 of the bankruptcy code, can help you shed debt and reclaim your financial future. Yet, a lot of people who consider bankruptcy find themselves worried about the impact that a bankruptcy filing can have on their future. For example, a lot of these individuals worry that the mar on their record will prevent them from securing lines of credit later on, which could prevent them from owning a home or even buying a car.
It’s true that a successful bankruptcy will stick on your credit report for several years, perhaps even as long as 10 years. This, of course, will give creditors pause to extend loans to you, as they may view your bankruptcy as an indication that you struggle to adhere to your financial obligations. While you might have difficulties, then, securing the lines of credit that you want, you shouldn’t stress too much over this, as there are concrete steps that you can take to repair your credit and gain access to the loans that you need.
What can you do to rebuild your credit after bankruptcy?
Keep stable employment: Job hopping can look bad on your credit report, as it can be an indication that you have unsteady income. If you want to convince creditors that they should lend you money, then you should give them reassurances that you have stable income. Keeping a consistent and steady employment record can help here.
Use a co-signer: If you absolutely need a line of credit but can’t secure one on your own, you can probably still access the loan you need with the assistance of a co-signer. This gives the creditor comfort knowing that they can turn to someone else to make good on the debt if you’re unable to live up to your financial obligation.
Use a secured credit card: A secured credit card may be a good option for some people post-bankruptcy. For this type of card, your line of credit is backed by assets that you already have. In this way, if you don’t repay your credit card debt, then the credit card company can just take what you’ve used as collateral. In other words, this is a safe way of lending for the credit card company, but it also gives you the opportunity to show that you can be responsible with credit card debt.
Build an emergency fund: While the amount of savings you have may not have a direct impact on your credit score, it can indirectly affect it. This is because the more you have saved up, the less likely you are to struggle to repay any outstanding debt when a financial emergency arises.
If so, then you can continue to read our blog and our website for more information. The key takeaway is that there are ways to stem what few negative impacts you can experience from a bankruptcy filing. You just need to be prepared to address them in a careful and timely manner.]]>On Behalf of O'Neill Law Firmhttps://www.oneill-law-firm.com/?p=2567382024-02-23T23:05:44Z2024-02-24T05:30:47ZWhen do I need the court’s permission?
The law states that any parent who wishes to move with the child 100 miles or more from the other parent must obtain approval from the other parent (in the form of a stipulation) or a court before moving.
Therefore, if you are going to move a few blocks over, across town, or anywhere within 100 miles of where you currently live, you do not need permission from your co-parent or a court.
However, if the move will significantly affect the placement schedule or transportation burden, best practice and good co-parenting would dictate a discussion with the other parent. You might need to modify your placement times or exchange arrangements to accommodate the move.
When your proposed move is 100 miles or more away, the law requires more. Speaking with the other parent is a must. There is no reason not to be up-front and truthful about the move and reasons behind it.
Fully explain your reasons for wanting to move, why the move is in your child’s best interest, and your proposal for a placement schedule that still allows the other parent meaningful time with the child.
Your co-parent has no obligation to agree to your move. In fact, it is common for parents to object to their child moving far away.
Filing a petition for relocation
You must then file a request with the court and argue your case for relocation. The first step in this process is filing a petition for relocation. The petition should be filed with the same court that your initial custody action took place.
Your motion must include a relocation plan containing the date you plan to move, your proposed new residence and the reason for the move. Ideally, you can also include a proposed new placement schedule.
Whether a court approves your move depends on many factors. Some of the main factors include the reason for the move and the impact the move will have on your co-parent’s placement time.
Generally, a move for reasons that enhance your’s and the children’s quality of life and enhance household income are more likely to be approved than for random, selfish or uncertain reasons.
For example, moving because you were promoted at your job is more likely to be approved than moving because you want to be closer to your new boyfriend/girlfriend.
Additionally, if you currently share placement and the move will only allow your co-parent to see your child once a month or less, your move is less likely to be approved because the law presumes that equal placement should stay in place.
You will generally attend mediation before having a hearing
Wisconsin courts typically give parents a chance to work out a solution to the issue themselves. Parents are usually required to attend mediation before a hearing on the proposed move is held.
There are benefits to mediation. A mediator is a neutral third-party who listens to both sides and offers guidance and suggestions for resolution.]]>On Behalf of O'Neill Law Firmhttps://www.oneill-law-firm.com/?p=2567362024-01-26T03:48:15Z2024-01-25T09:54:22ZPerhaps you have heard that you cannot keep your home in Chapter 7 bankruptcy. This is not always true, even if you have missed payments or your home has already gone into foreclosure.
The fear of losing your home should not necessarily prevent you from filing. This is especially true if mortgage payments are current. However, even if the mortgage is not current, depending on your situation there may be ways to file bankruptcy while keeping your home.
Staying in your home is a valid priority. A home provides stability and routine and is a place you may have created many fond memories. If you have children or animals, the thought of uprooting them from their familiar environment might seem like a nightmare.
A Chapter 7 bankruptcy is designed to discharge, or eliminate, all your qualifying debts. Those debts usually consist of credit card bills, medical bills, and other unsecured debts. Unsecured debts are those debts you did not put up collateral (property) for. Your home mortgage is a debt secured by your home. However, you may qualify to have your mortgage bypass the process as long as payments are made and the mortgage brought current eventually.
The automatic stay stops the foreclosure process
Something called the automatic stay goes into place immediately after you file a Chapter 7 bankruptcy. This requires all creditors, including your mortgage company, to stop all collection efforts.
After the automatic stay goes into effect, the foreclosure process must stop. If the foreclosure process has not yet begun, it cannot be started while your bankruptcy is pending.
Chapter 7 bankruptcy uses some of your assets to pay off your debts, which is why there is a possibility of losing your home. A court can order that your home be sold to pay your debts.
However, there is a homestead exemption that you could potentially use to keep your home. This exemption allows you to keep some of the equity you have built up in your home. The purpose is to allow you to keep some assets so you are not left with nothing.
The smaller the amount of equity you have left in your home after the exception is applied, the more likely it is that you will be able to keep your home. The reason is because if there is little to no equity left, selling your home would not provide much money to creditors.
This means the bankruptcy court might allow you to stay in your home because selling it would not be worth it.
What if you have no equity in your home? This means that you owe more for the home than what you could receive if you sold it. If this is the vase, you cannot claim the homestead exemption, but you will also likely not be ordered to sell your home.
If your debts are discharged, can you still pay your mortgage?
A bankruptcy will allow you to stay in your home, but you must still make your mortgage payments after the bankruptcy to keep your home. A bankruptcy does not discharge any future mortgage payments.
Paying your mortgage after bankruptcy should be easier. Since your other debt is discharged, more money will be freed up to make mortgage payments.
If you are still in a situation where you cannot make your mortgage payments even without any additional debt, this is the time you should start thinking about other options, such as selling your home.
These are major decisions and whether a bankruptcy court allows you to keep your home depends on many different factors. It is best to have your situation thoroughly reviewed by a competent bankruptcy attorney before deciding what to do next. The O’Neill Law Firm offers a free confidential, no-obligation consult. At this consult, you and your attorney can arrive on a plan to eliminate as much debt as possible and still stay in your home.]]>On Behalf of O'Neill Law Firmhttps://www.oneill-law-firm.com/?p=2567352023-12-14T09:25:45Z2023-12-19T09:24:38ZReasons for the surge in divorce filings
There are many reasons behind this trend, including:
Married couples on the brink of divorce are finally deciding to file.
Married couples are waiting until after the holidays to respect their family traditions.
The symbolism that comes with the beginning of a new year.
During the holidays, society often projects an image of perfect families coming together to share in the joyful celebrations. However, we know that there is no such thing as perfection, though many people try very hard to strive to achieve what they believe is an attainable standard.
In such cases, married couples may become disappointed when they realize that what they imagined would be their future is not what they experience. Instead, they may experience holidays filled with stress, anxiety, financial strain, and feelings of inadequacy.
While society is certainly to blame for the message it sends, unfortunately, many married couples fall for that and marry for the wrong reasons, sometimes expecting a fairy tale after the wedding or perfect children. However, when reality hits, everyone realizes that real life is far from a fairy tale.
New year, new chapter
January is a month when people often reflect on what they did in the past year and what they want in the future. In these reflections, many married individuals acknowledge and confront their realities, acknowledging that what they are living is not what they wanted or even thought they would have and choosing to take the bold step of opting for a life that is in line with their personal goals and one that is more authentic and real.
Emotional readiness
Married couples who have been contemplating divorce might finally see this new year as the time to go through with it. It is not a simple decision, which is why many married couples take months, if not years, to reach a point of emotional readiness.
Divorce is difficult, especially when children are involved, and it requires careful consideration of many factors, including not only the well-being of each partner but also the family unit and what is best for everyone involved.
The January divorce trend is a confluence of emotional, symbolic, and practical factors. The combination of the above factors contributes to making January a popular month for divorce in the United States, and attorneys across the country see this spike shortly after the new year.]]>On Behalf of O'Neill Law Firmhttps://www.oneill-law-firm.com/?p=2567332023-12-08T11:05:15Z2023-12-08T07:42:35Zhabitual liar. In those circumstances, it can be hard to set the record straight, in turn threatening your ability to get where you want to go in your divorce proceedings.
So, what can you do to make your divorce from an antagonistic, lying spouse easier?
Tips for getting through a divorce form a liar
Although it can feel like it’s impossible to get ahead in your divorce when your spouse lies about everything, there are steps you can take to ensure the truth comes out and your future is protected. Here are some of them:
Have contradictory evidence: Your lying spouse might make bold assertions that have no basis in fact, but you can contradict them with concrete evidence. Financial records, mental health records, and even written statements from witnesses can help you here, and they can give you strong evidence to work with at the negotiation table and in court.
Get everything in writing: Since your spouse might lie about what they’ve said, it’s a good idea to reduce communications to writing so that you can highlight what was previously said. Avoiding or at least reducing face-to-face contact with your spouse can also decrease the amount of conflict and stress that you experience during your divorce.
Write in a journal: Dates and times events transpire are important. Journaling can be a great way to cope with the wide array of emotions that you’ll experience during your divorce, but it can also help you document key events, such as statements that your children make and face-to-face interactions with your spouse. You can then refer back to these journal entries when you need to refresh your memory and bring out the truth.
Gain perspective: It’s easy to take your spouse’s behavior toward you personally. Yet, there’s a fair chance that there’s a reason behind their lying. For some, lying is a form of denial when they’re coping with emotional turmoil. For others, it’s a defense mechanism. If you can figure out why your spouse lies so much, then you might find it easier to deal with them, as their lies, as frustrating as they may be, won’t be as hurtful.
Don’t play “the game”: Many times this type of spouse will call or text you endlessly to engage in the “blame game”. DO NOT go down that road. Tell them that you will only engage in conversations relevant to the divorce, like the children. If or when your case goes to court, a flurry of unhinged emails from them without you joining in can be powerful evidence, especially if you are fighting for child custody.
Find an outlet: Regardless of the circumstances of your divorce, your spouse’s behavior is sure to cause frustration, anger, and sadness. You need to find a way to cope with your emotions so that they don’t take control of your divorce. With that in mind, it might be a good idea to attend counseling or find some other outlet that helps you center and retain control of your circumstances.
Take control of your divorce
When your spouse lies all the time, it’s easy to feel like things are spinning out of control. But you can shoot those feelings down by crafting a well thought out divorce strategy early on in your case. This will require some work and time, but given that your future is on the line, you owe it to yourself and your children to put forth the effort. If you’d like to learn more about what that would look like, then please continue to read our website and our blog.
]]>On Behalf of O'Neill Law Firmhttps://www.oneill-law-firm.com/?p=2567302023-11-15T13:43:40Z2023-11-13T17:56:20Zproperty division in divorce.
Community property
Wisconsin follows a community property model in marriage and divorce. This means that, with a few exceptions, everything acquired by either spouse during the marriage is their community property, meaning it is jointly owned by both spouses.
Each spouse has an equal ownership right to anything in the community property and so, technically, they can split it 50/50 in divorce. In reality, the picture is usually much more complicated than that.
Many types of property can't be simply divided in half. If, for example, the family home is part of the community property, then the spouses must sell the home and divide the profits or negotiate a way to buy out one spouse's share and let the other keep the home.
Separate property
In Wisconsin under sec 767.61 there is a presumption that all assets brought to the marriage or acquired during the marriage will be split equally between the spouses. However, the presumption can be rebutted by a series of statutory factors such as the length of the marriage, the property brought by each spouse to the marriage, the contribution of each party to the marriage, the contribution of each party to the career advancement of the other party, the health of the parties, tax consequences and other factors.
In Wisconsin the only property presumed separate is inheritance or gifts from a third party to one of the spouses. The court will consider that to be separate and not subject to division if it can be adequately traced back to the gift or inheritance. However, every rule has its exception. Therefore, if the court determines it would cause "hardship" on the other spouse, the court can make that finding and make that property subject to division.
Quasi-community property
The rules we've discussed so far may seem fairly straightforward, but these questions can become quite complicated when they involve commingled property, which is sometimes known as quasi-community property.
It's quite common for married couples to share a piece of separate property during the marriage as though it was community property. For instance, one spouse might have separately inherited $20,000 from a deceased relative and then deposited it in a joint investment account with their spouse. That account earns interest over a period of a few years, and the couple draws on it when it's time for them to purchase a new car. Later, they decide to divorce. Is the investment account separate property? Is the car separate property?
In this type of scenario, a court would likely find that both spouses have some property interest in the investment account and the assets it helped to purchase, but probably not a 50/50 interest. Likewise, if the couple negotiate a settlement out of court, they must find a way to divide those assets.
Debts
And, as if the above weren't complicated enough, let's remember that debts as well as assets are subject to property division in divorce. Like assets, debts can be considered separate or community property. Debts can also become quasi-community property in some circumstances.
The conclusion
As we have seen, Wisconsin's community property law leads to results that are lot more complicated than a 50/50 split. And for some types of property, even a 50/50 split is easier said than accomplished.]]>On Behalf of O'Neill Law Firmhttps://www.oneill-law-firm.com/?p=2567282023-10-04T07:01:53Z2023-10-09T07:01:12Zpersonal bankruptcy.
What is wage garnishment?
Wage garnishment is a practice in which a creditor can get money directly from a debtor's employer. This only comes about through a court order after the creditor has taken the debtor to court in order to collect an outstanding debt. If the court agrees, it will issue the order instructing the employer to send a portion of each of the debtor's paychecks directly to the creditor.
This practice is commonly used against people who are delinquent in paying taxes, child support and alimony. It can also come up in cases involving medical bills, credit card bills, student loans and other types of debt.
How bankruptcy helps
When you file for Chapter 7 bankruptcy, the court issues an automatic stay on all attempts to collect debt from you. This means that your creditors may no longer contact you about your debt. They must go through the court instead.
The stay also applies to most types of wage garnishment. Once you file for bankruptcy protection, either your lawyer or the court will notify your creditors and your employer, and they must stop garnishing your wages.
The automatic stay doesn't stop your creditors' efforts to collect the debt forever. They may collect some payment through your bankruptcy process. Once the process is complete, the court will likely discharge most of your remaining debt.
This means you will be in a much better position than when you started. Without wage garnishment holding you back, you will be able to save some money again and start rebuilding your financial health.]]>On Behalf of O'Neill Law Firmhttps://www.oneill-law-firm.com/?p=2567262023-07-28T07:40:04Z2023-08-02T07:39:31ZDetermining custody and placement of the child
In Wisconsin, the word “custody” essentially refers to legal custody, or the parent’s legal authority to make major decisions about several important issues, including the child’s education, medical care, religion.
Physical placement refers to the time periods during which the child will be in the care of one parent. There are generally three options for placement in Wisconsin:
Primary placement: Child primarily resides with one parent.
Shared placement: Child spends an equal amount of time living with each parent and spends at least 25 percent of nights with each parent annually.
Split placement: For parents with multiple children, one or more children will primarily reside with one child, while the remaining child or children will primarily reside with the other parent.
The court will order the parties to attend mediation to attempt to work out their custody and placement issues. However, if this does not work, the court will step in and come up with a plan that serves the child’s best interests.
What are the best interests of your child?
The Wisconsin courts consider specific factors when determining custody and physical placement. Under Wisconsin law, courts may consider the following factors relating to the best interests of the child:
Each parent’s past role in the child’s life (time spent with the child in the past).
Age, health, and wishes of each parent.
Age, health, and needs of child.
Wishes of the child (may be articulated by a guardian ad litem).
Child’s environment (home, school, etc.) and relationships with others (parents, siblings, etc.).
Criminal history, history of domestic violence, and/or parental substance abuse issues.
Once the judge has signed the child custody order, both parents are legally obligated to adhere to the order. Parents who want to change the terms of the order may file for a modification.
]]>On Behalf of O'Neill Law Firmhttps://www.oneill-law-firm.com/?p=2567132023-06-14T06:12:38Z2023-06-19T16:00:57ZBut can husbands seek spousal support?
Absolutely! Even though there’s a perception that alimony is used to support former wives who need help becoming self-sufficient post-divorce, the law doesn’t favor one gender over the other. The law is written in a gender-neutral way, thereby allowing individuals like stay-at-home dads to seek the spousal support that they need. This support can be huge as you move onto the next chapter of your life, too, which is why you should definitely consider whether seeking it is an option for you.
How do you know if you can seek alimony?
When you decide to seek spousal support, there are going to be a lot of factors that come into play. On its face, though, you’ll want to consider if you’ve been financially disadvantaged because of the sacrifices that you made during your marriage. This includes giving up your career to stay at home to take care of your kids or giving up your education so that you could work to support your spouse as they obtained a degree.
But what about the other factors? In most cases, the court determining your alimony award is also going to consider each of the following:
The length of the marriage
The physical health of the parties
Each spouse’s earning capacity
The marital standard of living
The contributions each spouse made to the marriage
Each spouse’s parenting responsibilities post-divorce
Your ability to obtain employment and become self-sufficient
Your spouse’s ability to pay alimony
There may be other factors that come into play in your case, so make sure you’re taking a holistic look at your situation to figure out the best way to show that you’re deserving of an alimony award.
Will you have to fight out your alimony dispute in court?
Not necessarily. While it’s true that many spousal support cases end up getting litigated in front of a judge, there are a lot of couples that can negotiate a spousal support arrangement that’s fair for everyone involved.
Therefore, before you sit down at the negotiation table to find a way to settle your divorce without the need for extensive court intervention, you should think through your arguments for spousal support. Also, try to find ways to couch those arguments in terms that your spouse will understand and sympathize with, that way you position yourself as strongly as possible for resolution. But if those efforts are unsuccessful, then you’ve laid the groundwork for your arguments in court.
Do you need a legal ally in your corner?
Spousal support disputes can be hotly contested. And it’s easy to get wrapped up in the emotions of your divorce as you try to sort this issue out in a way that’s fair. But you might be able to avoid the contentious nature of these disagreements by learning how to develop targeted arguments that you need to be effective in your case.]]>On Behalf of O'Neill Law Firmhttps://www.oneill-law-firm.com/?p=2567112023-05-23T08:30:04Z2023-05-26T21:35:37Zgray divorces, and many of them involve long-term marriages.
Given their positioning in life, these individuals can face unique challenges in their divorce. That’s why if you’re facing this situation, then you need to prepare yourself to address the legal issues that await you lest you lose out on what you deserve. But first, let’s look at why gray divorces are so common nowadays.
Reasons for gray divorce
There are a lot of reasons why older Americans divorce later in life. That said, here are some of the most common justifications for seeking divorce later in life:
Realizing that you and your spouse no longer have anything in common, especially once children have moved out and one or both spouses retire, thereby increasing the amount of time the two of you spend together.
Trying to find a way to cope with aging, which may mean finding a new interest that motivates one of the spouses to change in a way that makes them feel younger.
Disagreements over money management and spending habits.
Lack of intimacy.
Differences in lifestyles.
If you’re experiencing any of these situations and are thinking about getting a divorce, then you need to make sure that you also consider the legal issues that could be awaiting you.
Key legal issues in a gray divorce
As you navigate your divorce, you’ll have to deal with several unique and complicated issues. Amongst them are the following:
Alimony: Given that many marriages that are subject to a gray divorce were long-lasting, spousal support can be a key issue. This is especially true given that older individuals have less time to rebuild their savings and advance in their careers. So, make sure you have strong arguments to support your position here so that you have the financial stability that you need post-divorce.
Inheritances: Many older individuals who have been in a long marriage inherit property at some point in time. Although these inheritances are typically considered to be individually owned property that’s removed from the marital estate and thus the property division process, commingling of an inheritance with marital assets can subject them to division. So, if inheritances are in play in your case, then you need to develop arguments to address whether it should be deemed individual or marital in nature.
Retirement accounts: You and your spouse have spent decades saving for retirement. But dividing these assets can be more complicated than you think. You need to know how to handle them, otherwise you could end up missing out on the assets to which you’re entitled, or you could get hit with massive tax penalties.
Insurance: Now that you’re older, you’ll want to be cognizant of how your divorce will impact your healthcare. If you’re worried that you won’t be covered under an existing plan once your divorce is finalized, then you may want to consider asking for more money through your divorce settlement so that you can afford to purchase your own policy post-divorce.
Social Security benefits: You might be able to recover Social Security benefits based on your spouse’s work history. But if you make a misstep here, such as by filing your divorce petition at the wrong time, then you could end up missing out on this oftentimes much-needed financial lifeline.
Don’t leave your gray divorce to chance
As you can see, there are a lot of issues that go into a gray divorce. If you enter your marriage dissolution unprepared, then you could be at risk of being financially disadvantaged once all is said and done.
If you want to avoid that from happening, then now is the time to start figuring out how to craft your legal strategy. Although that may sound daunting, by educating yourself about the process and articulating your goals you can better position yourself for the outcome that you want and deserve.]]>