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.
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.
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.
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.
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.
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.
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.
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.
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.
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.