How can I save money on my divorce or custody case?

Posted on by b_hagner

The answer is easy: Hire a lawyer!

I know what you are wondering, isn’t a lawyer going to cost me money? Obviously, the answer to that question is “yes, a lawyer will cost you money.” But a divorce or custody battle has effects that will reach far beyond the period of time in which you are actively fighting your case in court.

If there are kids involved, the issue of child support will be present until the kids are adults. Hiring a lawyer can help ensure that you receive the full amount of child support to which you are entitled. Or, on the other hand, hiring a lawyer can help ensure that you do not pay more child support than you really should.

If you do not consult with someone who really knows the law, you could end up paying too much, or receiving too little. Even small numbers add up quickly. Let’s say that you do not hire a lawyer, and as a result, you agree to pay $25 a month more than you really should be paying. That is an extra $300 a year that you are paying out of your pocket.

The same goes for maintenance or family support payments in divorce or legal separation cases. If you are unrepresented, and end up stuck in an unfair arrangement, the money will add up quickly. Even if you are only paying $100 a month more in family support or maintenance than you should, that is $1,200.00 a year you are not keeping. Multiply that by 2, 5, or even more years, and you easily would have made back the money you paid your lawyer.

Do not be convinced that you can represent yourself as well as a lawyer can. Do not believe that the other party or other attorney is going to be up front with you about what the law really says. They are looking out for themselves. You should do the same. Hire a lawyer, and potentially save thousands over the long term.

Have a question, contact Attorney Hagner today.

Do I Need a Lawyer in Small Claims Court?

Posted on by b_hagner

The other day, I was in Milwaukee County Small Claims Court. While waiting for my case to be called, I had the opportunity to observe contested eviction hearings being heard by the judge. In most cases, the landlord/plaintiff was represented by an attorney. Most of the tenants/defendants were not represented by an attorney.

During on hearing in particular, the tenant/defendant actually had a good defense to her eviction. However, the landlord/plaintiff, wanted to introduce what seemed to be a falsified ledger which appeared to show that the tenant had not been paying her rent. When the landlord’s attorney asked the judge to admit the document into evidence, he asked the tenant “do you have any objection to this document being received into evidence, and being considered by the Court?”

The tenant then stated that she objected to the seemingly false document being considered by the judge. However, the judge then asked, “what is your legal basis for your objection?”. It was obvious to myself and any attorney present that there were several legal objections that could be made about the admissibility of the document. However, since the tenant was not a lawyer, and was not represented by a lawyer, she was unable to tell the judge exactly why she was objecting to the document.

Since she could not articulate a proper legal objection, the judge allowed the document to admitted into evidence. Even though it was clear to the judge that the admissibility of the document was questionable, the judge does not represent either party. The judge is in no way obligated to help either party make their legal arguments. Therefore, the judge did not step in to help the tenant, who was not represented by a lawyer.

So the answer is yes, anytime you go to court, you should hire a lawyer to help you present your case. Only your lawyer will be able to help you properly explain to the court why you should win your case.