Prenuptial Agreements: Coming together ... smarter

As a divorce lawyer, I am very curious about general psychological aspects of people getting together and coming apart. Divorce rates are very high. Now, there is even an idea that dissolution of marriage may be contagious. (Yes, really. If you are interested in the study that had produced that conclusion, please visit http://www.pewresearch.org/fact-tank/2013/10/21/is-divorce-contagious/.) So I am asking myself, wouldn’t it make sense to rationally explore a (hopefully) life-long commitment, such as marriage, prior to making it?

Yes, I am talking prenuptial agreements, which I draft as a part of my family law practice. But I am also talking honest communication in setting ground rules. In the very beginning, a marriage is about the white dress, the wedding cake, about feelings, feelings, feelings; about “we will live happily ever after and will die on the same day.” But then the feelings subside (and they do and they will). The last thing we want to discover at that point is this: the commitment is now being forced between two people who have very little in common.

Defining the rules upfront is the key. This is my view only, based on talking to many, many people going through a separation. As they say, take what you like and leave the rest. Upfront rules make clear the expectations of each other and of the relationship. Upfront rules also help with stability and predictability in a home in certain ways, which helps a lot in our generally unstable world.

This is an interesting article that addresses setting ground rules prior to making a commitment: https://www.psychologytoday.com/blog/meet-catch-and-keep/201611/7-questions-you-have-ask-each-other-you-commit.  That is about the psychology of it. But there is also a legal part, which is what I do.

The moral of the story: High divorce rates are an unfortunate reality. “Living together” unmarried relationships are also not immune from the possibility of ending. Better have clear expectations now than stressful and expensive divorce or separation negotiations later. I have done these; they are not fun to go through for people who are coming apart. So, as far as the legal part of a committed relationship is concerned, come see me and we will talk about how we should define these upfront ground rules in the eyes of the law. 

Attorney Julia Bouianova

(920) 261-7626

www.benderlevilarson.com

WISCONSIN ESTATE PLANNING: "When should I update my estate plan?"

For many, the New Year is a time for reflecting on past milestones and setting goals for the future.  This process can raise anxiety, particularly if you are unsure if your estate plan still meets your needs.  Certain significant lifetime events occurring after your current plan was created may cause a need to modify your plan, with some examples including:

• Changes in financial or personal lifetime goals;
• A career change, promotion, or change in a business you or your spouse own;
• The purchase of a home or other major asset, taking on a large loan or other significant financial liability, or major changes in the value of asset you currently hold;
• Marriage or divorce;
• Illness or disability;
• Changes in your life insurance or long-term care insurance coverage;
• Receipt of a large gift or inheritance;
• The addition of new children or grandchildren to your family, or changes in children's or grandchildren's educational, medical or supportive needs;
• Death or change in circumstance of a guardian, executor, or trustee you previously named; and
• Changes in your number of dependents.

If you have experienced one or more of the events listed above, it may be time to schedule a confidential consultation with the team at Bender, Levi, Larson & Associates, S.C.  We specialize in estate planning, probate law, and elder law and are prepared to provide clients with comprehensive legal solutions for their planning needs.  Start the year confidently - schedule a meeting with us today!  

(920) 261-7626

info@benderlevilaw.com
www.benderlevilarson.com

HAPPY HOLIDAYS FROM BENDER, LEVI, LARSON & ASSOCIATES, S.C. !!!

JULIA BOUIANOVA ON BEING A DIVORCE AND FAMILY LAW ATTORNEY

Lately, I have been thinking a lot about what being a good lawyer really stands for, from a client’s perspective.  Especially being a good family lawyer, which is my major area of focus. There is so much more to it than knowing the theory, the law. Going through a divorce means not just saying good bye to a person once loved and the dream once had, but also living months of uncertainty of what is going to happen with children and property. Children and property—really, what hits home closer than that? A divorce is not the end of the world by any stretch of imagination, but at times, it can feel like that to the one making his or her way through it. And wouldn’t it be comforting to know that your divorce lawyer really gets your emotional side of the story. As a family lawyer, I want to get my clients the best legal outcomes, and also I want them to feel that I hear and understand their emotional truth.  As one very wise man once said to me, “They don’t call us ‘counselor’ for nothing.” I appreciate that my mission of being a good lawyer includes connecting with people on this level. 

Attorney Christopher John Koppes is expanding his practice areas!!

We are pleased to announce that Attorney Christopher John Koppes has joined the team at Bender, Levi, Larson & Associates S.C.  Chris is a graduate of Marquette University (Honors B.A., cum laude, 2008) and Marquette University Law School (J.D., 2011).  

Chris has over five years of experience as a civil trial lawyer and general practitioner.  Chris has represented individuals and businesses in a wide variety of personal injury, property damage, and breach of contract claims including auto accident injury, premises liability (slip and fall / trip and fall), and contract disputes.  He is excited to expand his practice to include estate planning, elder law, real estate, landlord/tenant law, business law and municipal law.   Chris is eager to serve clients in the Jefferson County, Dodge County, Walworth County, Waukesha County and Dane County areas. 

If you have a legal issue that falls within these areas of practice please feel free to contact our office to schedule a confidential consultation with Chris.

Bender, Levi, Larson & Associates, S.C. welcomes Attorney Christopher J. Koppes as their newest associate!

Chris Koppes was admitted to the Bar in 2011, having earned a J.D. from Marquette University Law School in 2011, and an Honors B.A. cum laude in 2008.  He interned with the Honorable Charles Kahn, Milwaukee County Circuit Court and Milwaukee County’s Corporation Counsel. 

Chris has practiced complex civil litigation since August 2011.  He has co-authored multiple appellate briefs submitted to the Court of Appeals and Wisconsin Supreme Court.  He has litigated multiple court trials and motion hearings and has acted as co-counsel on several jury trials. 

Chris also provides volunteer assistance for the Wills for Heroes Foundation, where he donates his time drafting estate plans for first responders and their families in the Wisconsin area. 

In Chris’s rare spare time he enjoys all manner of sports and outdoor activities and traveling with his wife Becky. 

Attorney Julia Bouianova speaks regarding Grandparents' Rights in Wisconsin

Attorney Julia Bouianova was invited to speak at the Wisconsin Public Health Association – Wisconsin Association of Local Health Departments and Boards (WPHA—WALHDAB) Annual Conference in Appleton, Wisconsin.

Attorney Bouianova’s presentation was titled “Grandparents’ rights in Wisconsin.”

In the nutshell, grandparents’ rights are derivative from parental rights.  Parents have constitutional fundamental right to care, custody, and control of their children. This right is not absolute—it is subject to the requirement of parental fitness and the best interest of the child.

A parent with legal custody of a child may delegate care, custody, and control of the child to a third person via a power of attorney. Wis. Stat. § 48.979.

In a guardianship of a minor situation, medical decision-making is a specific power that is either granted or not by a court.

STATUTORY LAW ON GRANDPARENTS’ VISITATION:

—  Chapter 767, Actions Affecting Family (Wis. Stat. § 767.43)

—  Chapter 48, Children’s Code (Wis. Stat. § 48.925)

—  Chapter 54, Guardianships and Conservatorships (Wis. Stat. § 54.56)

* Each factual situation requires uniquely tailored application of the law. For that reason, information that is contained here does not constitute a legal advice. If you have any questions about grandparents’ or the third persons’ rights, please contact Julia Bouianova at (920) 261-7626.