Law Offices of Benske, Gatzke, McFadden and RoseLaw Offices of Benske, Gatzke, McFadden and Rose2026-04-13T14:33:43Zhttps://www.bgmrlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1404342/2024/04/cropped-site-icon-32x32.jpgOn Behalf of Law Offices of Benske, Gatzke, McFadden and Rose<![CDATA[3 steps for those pursuing a simple divorce in Waukesha County]]>https://www.bgmrlaw.com/?p=527492026-04-13T14:33:43Z2026-04-12T23:08:56ZStep one: Consult with an attorney
While it may seem counterintuitive, legal guidance and representation are absolutely necessary when pursuing an uncontested divorce. Bringing in an attorney doesn't need to lead to litigation. A lawyer can educate about Wisconsin laws regarding community property division. They can help manage the entire process of filing paperwork, serving a spouse and ensuring compliance with all relevant laws. An attorney can assist with every stage of the divorce process, making it easier for people to avoid mistakes that could complicate the divorce.
Step two: Create an inventory of assets and specific goals
To be eligible for an uncontested divorce, spouses have to agree on specific terms regarding the division of their property. Creating an inventory of marital/community assets and then identifying specific priorities in advance can make it easier to avoid emotional reactions when discussing the practical details of the divorce with a spouse.
Step three: Prepare for a challenging conversation
An uncontested divorce requires the input and cooperation of both spouses. Frequently, the easiest way to achieve that is to facilitate a structured and calm conversation. In addition to choosing the right time to begin the conversation with a spouse, it is critical to avoid creating conflict by making accusations or demanding an immediate response.
It may take some time for the other spouse to process and accept the idea that divorce is on the horizon. Suggesting an amicable divorce and then giving them time to process before negotiating terms and resolving any disagreements can be an effective tactic for limiting conflict.
Provided that spouses can reach agreements regarding their property and other key details of a divorce, they can avoid messy and disruptive litigation and minimize how much they spend to end their marriage. Working with an attorney can help a spouse navigate the path to an uncontested Waukesha County divorce accordingly.]]>On Behalf of Law Offices of Benske, Gatzke, McFadden and Rose<![CDATA[Who lives in the house during a divorce?]]>https://www.bgmrlaw.com/?p=527322026-01-27T13:51:48Z2026-01-27T13:51:48ZThe use of temporary orders
If living together becomes untenable, a court can issue a temporary order under Wisconsin law. This order gives one person the right to live in the home alone while the divorce is ongoing.
Judges often consider factors such as:
Main caregiver: If there are minor children, the court may let the parent who mainly cares for them stay in the home to keep the children’s routine stable
Ability to pay: The court looks at who can better afford the mortgage or rent, property taxes, and insurance during the case
Safety concerns: If there are claims of abuse, the court may issue a domestic abuse injunction that can require the other person to leave the home. This this supersedes any family court order
These orders apply while the case is ongoing.
The risk of voluntary abandonment
People often wonder if moving out by choice will hurt their future claim to the home. In Wisconsin, leaving the home does not mean you give up your share or ownership, as it counts as marital property, as most real estate and income that spouses gain during marriage are owned together, even if only one name is on the title. But it can affect how the court views your need to live there. If you set up a new place to live, the court may be less likely to give you the home later because you have already moved on.
Then, what happens to the home?
The final decision about the home is separate from who lives there for now. The home may be sold and the money split, or one spouse may buy the other spouse’s share. For many families in Wisconsin, this requires a meticulous property valuation to make sure the property split is fair.
Knowing these steps can help you keep housing stable now and protect your finances over time during a divorce. But if you have any questions or would like to know more about the law to take an informed decision, a specialized lawyer can advise you accordingly.]]>On Behalf of Law Offices of Benske, Gatzke, McFadden and Rose<![CDATA[Divorce demystified: Conquering the five stages successfully]]>https://www.bgmrlaw.com/?p=526892025-11-13T18:04:24Z2025-11-13T18:04:24ZSABDA: The five stages of divorce
Many people go through predictable emotional phases when ending a marriage. While not everyone experiences all five stages in order, knowing what to expect can provide clarity and reduce anxiety:
(S) Shock: Initial disbelief or numbness after learning the marriage will end. Even if it has been a long time coming, you may struggle to accept the situation or feel emotionally frozen once reality kicks in.
(A) Anger: Frustration or resentment toward your spouse, the circumstances or yourself can dominate your life. This stage may cause conflicts in co-parenting or financial discussions.
(B) Bargaining: You may try to negotiate with your spouse or yourself to reverse the divorce or minimize its impact. This often involves thinking about “what if” scenarios or making compromises that may not be realistic.
(D) Depression: Sadness or withdrawal is common as the reality of separation sets in. You might experience disrupted sleep, decreased motivation or difficulty focusing on daily tasks.
(A) Acceptance: Gradually, you acknowledge the divorce and begin to plan for a new life. This stage allows more rational decision-making regarding finances, properties and the children.
Understanding these stages helps you recognize your emotions. If you know that the stage you are in is normal, it is easier for you to tell yourself that this, too, shall pass. People often move back and forth between stages, but it is all part of healing. The process takes time and it can reduce feelings of guilt or self-blame.
Practical steps to manage the process
Divorce involves both emotional and legal decisions. Tracking your feelings while keeping records of assets, debts and parenting arrangements reduces confusion and protects your rights. A family law attorney in Wisconsin can help clarify legal options, explain deadlines and ensure all documentation complies with state statutes and related family law rules.
Moving forward after divorce
Reaching acceptance does not mean your struggles are over, but it allows you to plan your next steps with a more positive perspective. You can focus on rebuilding routines, co-parenting effectively if children are involved and setting personal goals. Understanding your legal options during this stage can provide peace of mind and help ensure your agreements are fair and enforceable.]]>On Behalf of Law Offices of Benske, Gatzke, McFadden and Rose<![CDATA[Why women file for divorce more often than men]]>https://www.bgmrlaw.com/?p=526852025-10-31T20:38:14Z2025-10-31T20:38:14ZThe emotional and domestic imbalance
Studies from the American Sociological Association show that women end most marriages because they carry unequal domestic and emotional burdens. When one person does most of the cleaning, caregiving and emotional support, frustration builds.
Women often act as the main source of care and comfort in a marriage but don’t always get the same support back. Over time, that leads to burnout and resentment. Here are some common reasons why this happens:
Unequal housework: Women still do most of the chores and caregiving.
Emotional load: Many wives give more emotional support than they receive.
Career sacrifices: Women often cut back on their jobs or goals to focus on family.
When these efforts go unshared, marriage can start to feel restrictive instead of supportive.
The role of independence and legal access
Economic independence gives women more power to leave unhappy marriages. As more women earn their own income, they depend less on their spouses for financial security. Modern legal protections such as no-fault divorce laws and clearer access to child support and alimony also make it easier to separate rather than stay stuck.
Shifting expectations and cultural change
Modern marriages demand emotional equality. Many women seek deeper connection and mutual respect than their partners expect to provide. When those needs go unmet, divorce can feel like a path toward emotional balance and personal growth.
Men on the other hand often report higher life satisfaction within marriage, enjoying social and health benefits that women may not share. This difference helps explain why women more often decide to leave.
Finding balance in modern marriage
Many women feel happier after divorce but the reasons they leave point to bigger issues in relationships today. Unequal effort, too much responsibility and the desire for more freedom still shape how people see marriage and its limits.
If you’re thinking about divorce or need help with custody, support or property, talking to an experienced divorce attorney can help you understand your rights and what to expect.]]>On Behalf of Law Offices of Benske, Gatzke, McFadden and Rose<![CDATA[Tips for successful co-parenting]]>https://www.bgmrlaw.com/?p=521662024-04-30T09:58:19Z2023-11-14T02:17:04ZPursue open and honest communication
According to the Wisconsin Department of Health Services, the state had a divorce rate of 2.2 per 1,000 people in 2020, and many of these separations resulted from poor communication. However, effective communication is the cornerstone of successful co-parenting. Both you and your former spouse should discuss your children's needs, schedules and any issues that may arise in a respectful, open and productive manner.
Prioritize the children's well-being
Always put your children's well-being at the forefront of your decisions and actions. Make sure they have a stable and loving environment in both households. Try to maintain similar rules, routines and expectations in both homes to create a sense of stability and security.
Create a co-parenting plan
Develop a detailed co-parenting plan that outlines custody arrangements, visitation schedules and decision-making processes. However, remain flexible and adaptable because life is full of unexpected events. Make an effort to cooperate when circumstances change.
Keep personal issues separate
Treat your co-parent with respect and courtesy, even when disagreements arise. Keep your personal issues separate from your co-parenting relationship. Avoid discussing past conflicts or relationship problems.
Stay positive and seek support
Stay optimistic and cooperative to create a healthy environment for your children. Co-parenting can be emotionally challenging, so seek support from your family, friends or professional counselors to help you navigate the complexities of co-parenting.
Co-parenting is a journey and it may take time to establish a harmonious relationship. Be patient with the process and with each other. Over time, co-parenting can become more manageable and less stressful.]]>On Behalf of Law Offices of Benske, Gatzke, McFadden and Rose<![CDATA[3 FAQs about modifying a co-parenting plan]]>https://www.bgmrlaw.com/?p=521652025-04-29T20:30:34Z2023-10-19T20:44:16Z1. What are common reasons for modifying a co-parenting plan?
There are several valid reasons for seeking a modification of your co-parenting plan. One such reason may be changes in your work schedule, which could create challenges in adhering to the initial plan. The decision to relocate is a common situation that often requires a reevaluation of existing arrangements.
2. How can you request a modification of a co-parenting plan?
To request a modification of your co-parenting plan, you must initiate a formal petition to the court outlining the changes you wish to make. In many instances, the court may require you to attempt mediation with the other parent before pursuing litigation. If mediation proves unsuccessful, you will proceed to a court hearing where a judge will make a decision.
3. How long does it take to modify a co-parenting plan?
The time it takes to modify a co-parenting plan can vary. The court aims to process these requests efficiently, but it can take several months. In 2022, Wisconsin family courts dealt with 33,250 cases. Factors such as court availability, the complexity of the changes and the willingness of both parties to cooperate can influence the timeline.
While changing a co-parenting plan is an option, there are certain limitations. The court will only grant a modification for a substantial change in circumstances that justifies it. Additionally, any changes must prioritize the child's best interests.]]>On Behalf of Law Offices of Benske, Gatzke, McFadden and Rose<![CDATA[What are the most common causes of car accidents?]]>https://www.bgmrlaw.com/?p=521642026-01-22T13:49:34Z2023-09-12T20:41:30Zcar accidents to reduce their risk.
Distracted driving
Distracted driving occurs when drivers divert their attention from the road, usually by using their phones, eating or adjusting the radio. To avoid accidents caused by distraction, it is important to stay focused on driving at all times. For example, secure your phone so that it is not accessible while driving.
Speeding
Excessive speeding not only increases accident risk but can also worsen any injuries that result. When drivers exceed the speed limit or drive too fast for road conditions, they have less time to react to unexpected situations. Keep in mind that the posted speed limit is for ideal road conditions, which means you must slow down in bad weather.
Drunk driving
Driving under the influence of alcohol or drugs impairs a driver's judgment, reflexes and decision-making ability. Accordingly, motorists must never get behind the wheel if they feel impaired in any way. Drivers should instead designate a sober driver, take public transportation or use a ride-sharing service.
Disregarding traffic signals
Traffic signals are there to ensure the smooth flow of vehicles. When motorists disregard traffic signals, they put all other drivers at risk. Even if you have the right of way, you must ensure the intersection is clear before proceeding.
Fatigue
Fatigued driving can be as dangerous as driving under the influence. Lack of sleep impairs your reaction time and decision-making skills, much like alcohol and drugs. To prevent accidents due to fatigue, get an adequate amount of rest before long drives and take regular breaks during your journey.
Inexperienced drivers
New drivers, especially teenagers, are more likely to make errors on the road. If you have a new driver in the family, encourage them to take additional driving courses and gain experience under various conditions to improve their skills.
As reported by Forbes, most of the U.S. saw a rise in fatal car crashes between 2020 and 2021. While you cannot always avoid accidents, being aware of the most hazardous behaviors can reduce your risk of experiencing one.]]>On Behalf of Law Offices of Benske, Gatzke, McFadden and Rose<![CDATA[What types of alimony can you get in a Wisconsin divorce?]]>https://www.bgmrlaw.com/?p=521632026-01-22T13:38:14Z2023-08-21T20:10:22Zalimony and offers several types to meet different circumstances.
Temporary alimony
During the divorce process, you might find yourself in need of immediate financial support. In such a case, the court can award temporary alimony. This form of alimony provides financial assistance during the divorce proceedings but ends once the court finalizes the divorce.
Short-term alimony
If the court determines that you need time to become self-sufficient, they may award short-term alimony. This type of alimony allows you to seek further education or job training to improve your employability and financial standing. Short-term alimony typically lasts only a few years, but it can depend on how long your marriage was.
Long-term alimony
In situations where you cannot become fully self-sufficient due to age, health conditions or having been out of the workforce for a significant period, the court can grant long-term alimony. This support continues for a longer duration and, sometimes, indefinitely. However, it is important to note that long-term alimony does not always last forever and could end if certain conditions change, such as remarrying or significant changes in either party's financial circumstances.
Lump-sum alimony
Lastly, there is lump-sum alimony. Rather than receiving regular payments over a period of time, you would receive the entire alimony amount at once. This type of alimony can be beneficial if you have immediate, substantial financial needs, but it also ends your right to future payments.
The type of alimony you can receive in a Wisconsin divorce varies depending on your specific circumstances. Understanding the alimony options the court may award you can help you prepare for the financial aspects of your divorce process.]]>On Behalf of Law Offices of Benske, Gatzke, McFadden and Rose<![CDATA[How does property get divided after divorce?]]>https://www.bgmrlaw.com/?p=521622025-04-29T20:22:22Z2023-07-17T21:27:49ZWhat are marital assets?
Forbes mentions that in most divorce cases, the shared or marital assets end up divided between both people in the couple.
Marital assets typically include things with both of the couple's names on it or things that they both used significantly. Examples can include shared or joint bank accounts and large properties such as houses.
Even if one person paid for the home on their own, if both people have their name on the deed, then it will end up treated like a marital asset in the eyes of the law.
Is anything safe from division?
There are some properties exempt from division during divorce, however. Typically, these are the properties that one person owned before the marriage, such as furniture, clothing, cars or even a pet that they brought into the relationship.
Other examples include inheritance or gifts given directly to one specific individual, even if it happened during the course of the marriage itself.
However, there are some cases in which a personal piece of property may become a marital piece of property. For example, if a person transfers money from an inheritance into a joint bank account, this money then becomes a marital asset. This is important to keep in mind when making financial decisions in a marriage.]]>On Behalf of Law Offices of Benske, Gatzke, McFadden and Rose<![CDATA[What do I need to know about litigation and mediation when getting a divorce?]]>https://www.bgmrlaw.com/?p=520582024-04-30T09:58:49Z2023-06-22T20:23:22ZHow does mediation work?
Mediation involves a neutral third-party guiding negotiation between the divorcing couple with the goal of putting together a divorce settlement agreement.
How does litigation work?
This option is what people often envision when picturing divorce. It involves the traditional courtroom setting with both parties presenting their case and a judge finalizing the settlement.
Do I have to choose one or the other?
Divorces are often a combination of the two. The divorcing couple may resolve legal disputes through mediation and have the court sign off on their final agreement. Even those that wish to follow a traditional courtroom style divorce may find themselves sent to mediation as courts will often require the use of mediation to resolve certain legal disputes. In Wisconsin, courts generally require parents attempt to resolve disagreements about child custody through mediation.
This is just one example of a case that would benefit from a combination of mediation and litigation. It is also important not to confuse collaboration and negotiations with a failure to protect one's interests. It is generally wise to have legal counsel provide guidance throughout the divorce process whether choosing litigation or mediation.]]>