Cases

Learn about your case here!

Every Case is different, and Schaumberg knows that each case requires special attention.
We believe that knowledge is power, and therefore we invite you to read about our
various case types to see which one might be right for you.

Adoptive parents reading with their child.

Adoptions

Adoption establishes a legal relationship of parent and child despite a parent figure not being the birth parent. This process terminates the rights and responsibilities of the child's biological parents and transfers them to the adoptive parents. The Adoptive parents then have the same legal rights and obligations under the law.

Adoption court cases can be complex and involve a variety of legal requirements, including petitioning the court and filing the necessary court forms, undergoing background checks, participating in adoption and home studies, working with a guardian ad litem, and maneuvering court appearances. The Court must ensure that the best interests of the child are being protected, and that the adoptive parents are fit and capable of providing a stable and loving home environment. Adoption can be initiated by prospective adoptive parents or by the child's biological parents, depending on the circumstances. The adoption process typically involves the assistance of a family lawyer who can guide you through the legal requirements, explain what the process, and help you navigate the court system.

If you are considering adoption, it is important to work with an experienced family lawyer who can help you understand your rights and responsibilities. Schaumberg Law Offices, LLC will meet with you to determine if adoption is the right avenue for you. We will be your advocate throughout the adoption process if it is determined adoption is the best path.

a couple sitting far apart from eachother on a couch

Annulment

An annulment is different from a divorce which terminates a legal marriage. An annulment is a legal process that essentially declares the marriage was invalid and, once granted, the marriage is treated as if it never happened. The idea behind an annulment is that there was "something wrong" with the validity of marriage from the very beginning.

A legal annulment should not be confused with a religious annulment. An annulment is a judicial process. There have to be valid grounds for an annulment to be granted by the court. Grounds can include not being of legal age to marry, a party to the marriage lacked capacity to consent to the marriage, or other bases for the marriage to be invalid. An invalid marriage may still be treated as a valid marriage if neither party seeks an annulment.

If the court decides that the marriage was never valid in the first place, it can declare the marriage annulled, which means it never really existed. This is different from a divorce, which terminates a marriage that was legally valid. It's important to note that not all marriages can be annulled. If you have concerns about the validity of the marriage, and you wish to terminate that marriage, you can discuss annulment with our law office to see if this is an appropriate option for you. If you are considering an annulment, it is important to work with an experienced family lawyer who can help you understand your rights and responsibilities. Schaumberg Law Offices can advocate for you throughout the annulment process.

See Wis. Stats. 767.313. See also Sinai Samaritan Medical Center, Inc. v. Mc Cabe, 197 Wis. 2d 709, 541 N.W.2d 190 (Ct. App. 1995), 95-0012.

an adult hand holding a child's hand protectively

Child Support

Establishing and maintaining appropriate financial support for your child(ren) can be accomplished through legal action by either the custodial or noncustodial parent of a child. This can be brought in an action by itself, or within a paternity, divorce or action for legal separation. Wisconsin has guidelines for support based on a myriad of factors that have been formed on the concept that a child has the right to be supported by both parents.

In a case involving the issue of child support, a judge will determine the amount of money that will be paid between the parties. The amount of child support is usually based on the placement schedule of the parties, the parents' income, the child's needs, and other factors. It is important to note that child support is not just a legal obligation - it's a way for parents to ensure that their child has the financial resources they need to thrive. Child support can help provide stability for the child and ensure that they are able to enjoy a good quality of life. It is also beneficial to the parents to understand their rights and obligations based on Wisconsin Child Support guidelines and the extensive case law that governs this legal issue.

If you have questions regarding child support, it is important to work with an experienced family lawyer who can help you understand your rights and responsibilities. Schaumberg Law Offices can advocate for you throughout the process to ensure your rights and the rights of the child(ren) are protected.

a couple upset with eachother on a couch

Divorce

One of the most difficult experiences in a person's life, often surrounds divorce. Divorce is a legal process that terminates a marriage. To grant a divorce in Wisconsin, the court must find that the marriage is irretrievably broken. When a couple gets divorced, marital property is divided, debts are allocated between the parties, there may be claims for spousal support, and if there are children of the marriage, there will be determinations of legal custody, placement, and child support.

Much like people, each divorce is unique and few are rarely the same. People enter into divorce for a wide range of reasons, and the other spouse's reactions widely vary. Even if the parties are of the exact same mindset, as you get into the nitty gritty of the issues, it is important that you know your rights and what the range of results if you take your matter to trial might be. In Wisconsin, the legal process for divorce involves filing a petition with the court, formally noticing the other spouse, and often going before the Family Court Commissioner to obtain temporary orders regarding a wide variety of issues between the parties. It is required that the parties give a complete and full financial disclosure that they sign under the penalties of perjury if they are hiding or neglecting to report income assets or debts. The court encourages the parties to attempt resolution to the best of their ability and therefore mediation is often required. If the couple is unable to come to an agreement, the parties may have to bring issues to trial before the court who will then decide the terms of the divorce. Upon the judgment of a divorce, the court is required to make a full and final property division starting with the presumption of an equal property division after consideration of the debts of both parties. However, the court has the discretion to deviate from an equal property division depending on the facts in the case. If spousal support is sought by either party, the court will make determinations of both the length and amount of spousal support. The court will make determinations of legal custody of the children and placement of the children between the parents. There is a presumption of joint legal custody, but there are exceptions to that. There is no presumption of joint or equal placement between the parties. Placement is based on consideration of a list of factors found in Wis. Stats. 767.41 (5) (am). The Court will make determinations of child support based on the Wisconsin Guidelines for child support in light of the factors in each case. and spousal support. Once the divorce is final, the couple is legally no longer married. In Wisconsin, there is a waiting period of six months after the granting of divorce to enter into another divorce. If a party does not wait this amount of time, their new marriage is void.

Divorces can be very difficult and complex. If you are considering a divorce, it's important to work with an experienced family lawyer who can help you understand your legal options and guide you through the divorce process. Schaumberg Law Offices, LLC offers a free consultation so that your circumstances can be discussed in light of the factors relevant to your case. Schaumberg Law Offices, LLC will zealously represent you in divorce, informing you of the process, the law, and the options every step of the way through until the divorce is finalized. We are highly skilled in preparing your case, negotiating, drafting agreements, litigating the legal issues and working outside the box to achieve what is best for you and your family. The majority of our clients are able to enter into a Marital Settlement Agreement that meets is tailored to their unique needs and one that ensures that potential future issues have been considered and incorporated to the greatest possibility. For those who cannot settle, the matter progresses to trial, and our skilled litigators will effectively present your case at trial, zealously representing your position.

grandparents reading with their grandchild

Grandparent's Rights

Often times, family dynamics change, and a grandparent who had a tight bond with a grandchild is denied from seeing the child. In other cases, grandparents may want to establish a relationship with their grandchildren, but one or both of the parents may not allow it for various reasons. Grandparents have the right pursuant to Wis. Stat. Sec. 767.43 to petition the court to grant them legal rights to see their grandchildren, even if one or both of the children's parents object to it.

This can be a difficult situation for everyone involved, but grandparents have legal options to establish visitation rights. In Wisconsin, there are existing statutes and case law that guide the Court in its determination of these grandparent rights. There are different burdens a person has when trying to establish these rights depending on the factors involved in the matter. The court will consider many different factors when deciding whether to grant grandparents rights, including but not limited to issues pertaining to the best interests of the children, the parents' reasons for denying visitation, the nature of the relationship between the grandparents, etc. The Court will likely appoint a guardian ad litem to help determine the best interests of the children.

If you are a grandparent who is seeking legal rights to see your grandchildren, it's important to work with an experienced family lawyer who can help you understand your legal options and guide you through the legal process. Schaumberg Law Offices, LLC can help you build a strong case for grandparents rights and ensure that your rights are protected throughout the process. Often the court will order mediation between the parents and grandparents. It is important to have a legal advocate to work through these negotiations and if necessary, prepare to litigate if mediation is unsuccessful.

a guardian helping his disabled ward play basketball

Adult Guardianship

When you live in Wisconsin and you are over the age of 18, you are a legal adult. There is a presumption in the law that any legal adult can manage their own self and be in charge of their own financial position. However, if an adult has significant impairment(s) that affect their evaluative capacity where they or you believe they should be deemed to be in need of a guardian to act on their behalf or they would be at risk for harm, there is a legal process to becoming a guardian for that person. Granting of guardianship is not taken lightly, and there are strict findings necessary guardianship to be granted. There are two main types of guardianship: Guardianship of the Person or the Guardianship of the Estate. You can move a court for either temporary or permanent (or both) appointment of guardian for the proposed person requiring a guardian (proposed ward).

There is no way to be a guardian of the person or estate except through a formal court process. Guardianships are also tailored to the needs of the individual. The Court will determine in the final guardianship order what specific decisions the guardian can and cannot make for the ward, or more accurately, specify what decision making authority is removed from the person under the guardianship upon a finding of incompetency and other necessary factors. In some cases, there is no decision making authority left to the ward, in others, guardianship can be granted while still reserving certain rights if approved by the Court. Once guardianship is granted, the person under guardianship (ward) no longer has the authority to make decisions for themselves unless specifically granted by the Court. There are many obligations and duties of the guardian due to the seriousness of this legal process including the obligation to determine what the ward's wishes are, the duty to act in the ward's best interests at all times, the requirement to act as an advocate for the ward, and other duties. The person granted guardianship also is obligated to report to the court annually about the condition of the ward and the condition of the estate of the ward. Before guardianship is granted, the proposed guardian also has to finish required education on guardianship.

It is important to work with a skilled attorney like Schaumberg Law Offices, LLC who can help you or your family to determine if guardianship of a loved one is necessary or if there is a less restrictive means to assisting your loved one. If guardianship is recommended, we help you through this legal process from start to finish so you have a full understanding and an advocate in court. Schaumberg Law Offices can also help you if you believe some one is trying to obtain guardianship of a loved one whne guardianship is not necessary or the proposed guardian is not working in the best interests of the ward.

Minor Guardianship

It is increasingly more common for a child to be raised by someone other than their biological parent due to a large array of conditions in that child's life. A parent is presumed to have the right to custody and control of their child, however, if a parent is unavailable, unable or is not fit to raise their child and provide for the care, custody and control of their child, a third party can be granted guardianship of the child. The minor guardianship law was changed in 2020 to help give families more tools to establish guardianship while in some cases still preserving rights to the parents. It is imperative that you work with a knowledgeable attorney to not only guide you through the options for guardianship, but help advise you based on the conditions in your unique situation.

In Wisconsin, there are four types of minor guardianships: 1) emergency guardianship; 2) temporary guardianship, 3) limited guardianship; and 4) full guardianship. The time frames and authority of the guardian to act on behalf of the minor child differ between the different types of guardianships. Guardianships can be agreed to between the parent(s) and the proposed guardian, or they can be contested. When contested, the proposed guardian must prove that the parent(s) are unfit, unwilling or unable to care for the child or that there are compelling reasons the Court should grant a guardianship of the minor child. The minor child will be appointed a Guardian ad Litem and in contested cases, the parents may be appointed an attorney. Schaumberg Law Offices, LLC has helped many families reach a positive outcome for the children in their lives through an effective guardianship order giving the necessary legal authority for your unique situation.

a mother and father with their daughter

Legal Separation

A legal separation case is a legal process where a married couple decides to live apart and divide their property and debts, but they don't want to get divorced.

Legal separation can be a good option for couples who are experiencing problems in their marriage but don't want to end their marriage for various reasons. For example, they may have religious objections to divorce, or they may want to remain married for financial or insurance purposes. During a legal separation case, the court will help the couple divide their property and debts, and establish custody, visitation, and support orders if there are children involved. The couple can also agree on other issues, such as spousal support, and the court can include these agreements in the legal separation order. It's important to note that legal separation is not the same thing as divorce. In a legal separation, the couple is still legally married, but they are living apart and have legally separated their property and debts. They can also address any other issues that need to be resolved in the legal separation order.

If you are considering a legal separation, it's important to work with an experienced family lawyer who can help you understand your legal options and guide you through the legal process. Linda Schaumberg an also help you negotiate and draft a legal separation agreement that meets your unique needs and ensures that your rights are protected throughout the process.

two hands shaking in agreement

Marital Property Agreements

A marital property agreement, also known as a prenuptial agreement or a postnuptial agreement, is a legal document that outlines how a couple's property will be divided in the event of a divorce. In simple terms, it's a contract that the couple agrees to before or during their marriage that sets out what will happen to their property if they ever decide to get a divorce.

A marital property agreement can cover a wide range of issues, including the division of assets and debts, spousal support, and other financial matters. The specifics of the agreement will depend on the couple's individual circumstances and needs. The main purpose of a marital property agreement is to provide clarity and certainty in the event of a divorce. By having a clear plan in place for how their property will be divided, a couple can avoid potential conflicts and lengthy court battles.

If you are considering writing up a marital property agreement, it's important to work with an experienced family lawyer who can help you understand your legal options and draft an agreement that meets your specific needs. Schaumberg Law Offices can also help you negotiate the terms of the agreement with your spouse and ensure that your interests are protected throughout the process.

an ultrasound of a fetus in early development

Paternity

A paternity case is a legal proceeding to determine the biological father of a child. In other words, it's a way for a person to establish the legal relationship between a father and his child.

In a paternity case, the court will consider a variety of evidence, such as DNA testing, to determine whether a man is the biological father of a child. Once paternity is established, the father may be responsible for providing financial support for the child, as well as potentially having legal rights to visitation or custody. Paternity cases can be initiated by either the mother or the alleged father, and they can be started before or after the child is born. In some cases, paternity may also need to be established for legal purposes, such as when a child is entitled to inherit from the father's estate.

If you are involved in a paternity case, it's important to work with an experienced family lawyer who can help you understand your legal options and guide you through the process. Schaumberg Law Offices can also help you gather the necessary evidence to support your case and ensure that your rights and interests are protected throughout the proceedings.

Third Party Visitation

a person who is not the child's parent seeks the right to visit the child. This could be a grandparent, aunt or uncle, or any other person who has a significant relationship with the child.

In some situations, a third-party visitation case may arise when the child's parent is no longer in the picture, or when the child's parent is preventing the third party from seeing the child. The third party would need to file a petition with the court seeking visitation rights. In other cases, a third-party visitation case may arise when the child's parents are still together, but the third party believes that it is in the child's best interest to have a relationship with them. In these situations, the third party would need to demonstrate to the court that they have a significant relationship with the child and that visitation would be in the child's best interests. The court will consider a variety of factors when making a decision about third-party visitation, including the nature of the relationship between the third party and the child, the wishes of the child (if they are old enough to express them), and any potential impact on the child's relationship with their parents.

If you are involved in a third-party visitation case, it's important to work with an experienced family lawyer who can help you understand your legal options and guide you through the process. Schaumberg Law Offices can also help you gather the necessary evidence to support your case and ensure that your rights and interests are protected throughout the proceedings.

Trust and Estates

A trust and estates case deals with the distribution of a person's assets after they pass away. It can also involve making arrangements for the care of any minor children or other dependents.

A trust is a legal arrangement in which a person (called the trustor or grantor) places their assets in the control of a person called the "trustee" to manage and distribute according to the trust's instructions. This can include distributing assets to beneficiaries (people who will receive the assets), managing assets on behalf of minor children, or supporting charitable causes. An estate refers to all the assets and debts a person leaves behind when they die. In a trust and estates case, the court will oversee the process of distributing the assets and paying off any outstanding debts. This can include determining the validity of a will, appointing an executor (the person who will manage the estate), and overseeing the distribution of assets to heirs and beneficiaries.

In a trust and estates case, Schaumberg Law Offices can assist with various matters, including:

- Helping to create a trust or estate plan that reflects your wishes

- Advising on tax implications of estate planning

- Helping to draft a will or other estate planning documents

If you are considering creating a trust or estate plan, or if you are involved in a trust and estates case, it's important to work with an experienced family lawyer who can guide you through the process and ensure that your rights and interests are protected

Wills and Advanced Directives

A wills and advanced directives case deals with planning for the future of your healthcare and finances. A will is a legal document that outlines what should happen to your assets (like property and money) after you pass away. In a wills case, a family lawyer can help you create a will that reflects your wishes and ensures that your assets are distributed according to your wishes.

Advanced directives, on the other hand, are legal documents that outline your wishes for your healthcare in the event that you are unable to make decisions for yourself. This can include designating someone to make medical decisions on your behalf or outlining your wishes for end-of-life care. In a wills and advanced directives case, Schaumberg Law Offices can help you create these legal documents and ensure that they reflect your wishes.

We can also assist with other matters related to wills and advanced directives, such as:

- Advising on tax implications of estate planning

- Helping to create a trust or estate plan that reflects your wishes

- Representing clients in probate court proceedings, including will contests and disputes over the distribution of assets.

It's important to work with an experienced family lawyer to ensure that your wishes are properly documented and that your rights and interests are protected in the event that you are unable to make decisions for yourself.