Schipper Law Office LLC

Legal help to navigate your way.

Dedicated to helping you understand the law, so you can make the right decisions for you.

Initial Consultations Available

MEET THE TEAM

Alice F. Schipper

Attorney Alice F. Schipper received her Bachelor of Arts Degree, with highest honors, from Concordia University – Wisconsin and her degree of juris doctor from Marquette University.  Practicing in the Green Bay area since 2004, Alice handles family law matters; estate planning/probate and bankruptcy.  A former member of the City of De Pere Zoning Board of Appeals, Alice volunteers for Scholarships, Inc. and other various non-profit organizations in the area.

Ashley Hughes

Ashley received her Associates Degree in Paralegal Studies from Globe University.  She and her family reside in the Howard-Suamico area.

REQUEST FOR INITIAL CONSULT

    Area of Assistance

    Family LawEstate PlanningFinancial Hardship

    The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

    I have read this disclaimer

    FREQUENTLY ASKED QUESTIONS

    Family Law

    • What is the difference between “custody” and “placement”?

      Custody is the right to make decisions regarding education (where should our child go to school?) what religion should they be raised in; should they get a driver’s license and medical (do they need that surgery at this time?).

      Physical placement is where and when the child physically will be with each parent.  If a parent has more than 75% placement, they have primary placement.  If both parents have at least 25% placement, they have shared placement.  ((Note that generally the IRS uses the word custody for what is referred to as physical placement in Wisconsin.)

    • Do I have to participate in mediation?

      Very likely yes.  If the two of you agree, you can (and should) voluntarily agree to participation in a court approved mediation service, before the court orders you to do so.  If not, the court will order both parents to participate in mediation in the event you cannot agree on custody and/or physical placement of your child(ren).  You may be able to avoid an unnecessary court appearance by being proactive and participating in mediation before being court ordered to do so.

    • Who is a guardian ad litem?

      A guardian ad litem (often referred to as a GAL) is a licensed attorney, appointed by the court, to investigate and make recommendations as to what is in the best interests of a child, in your child’s position, when there is a dispute over custody and/or physical placement.

    • What if my spouse and I want to work together to avoid fighting in court?

      Collaborative divorce, while still not common, is getting more and more popular.  In a collaborative divorce, each side has an attorney to help them achieve what they want, but instead of spending time making an argument to the court, the parties and their attorneys work together by using appraisals, counseling and outside accountants and tax preparers if necessary to help both of you reach an agreement that you can live with.  This allows both of you to think “outside of the box” and address areas specific to you and your children.

    • What is the quickest period of time to get a divorce?

      The soonest a court, generally, will grant you a divorce is 120 days from the date that either a joint petition is filed or the respondent (the party who did not file) is served.  This is assuming that you have a complete marital settlement agreement reached by that time.  A judge may grant a divorce before the 120 days has passed, but it is unlikely and only done in very special circumstances.

    • Do I need to show the court that my spouse was unfaithful to me or that we cannot live together anymore?

      Wisconsin is a “no fault” divorce state, meaning the judge does not consider whether one or both you have been a less than stellar spouse before granting a divorce from the other.  What brought you to the courthouse, is unlikely to be considered by the judge in dividing property, assets or debt.  (It could however, be considered as to character if there is a disagreement as to custody and/or physical placement of minor children.)

    • What does community property mean?

      Wisconsin is a community property state (also referred to as a marital property state).  Generally, unless you and your spouse entered into a Marital Property Agreement (also known as a prenup), whatever property you own as of the date of the divorce, will be considered as one half yours and one half your spouses – unless it was received as a gift (not from each other) or inherited by one of you and not “commingled” or mixed into marital property.  Over simplified – the court makes a list of all property and assigns one half to one of you and one half to the other.  You should both walk away with the same amount of assets and/or debts.  How you get there, is best determined by both of you working together to reach an agreement on as many things as possible, before asking the judge to make that division for you.

    • What if I don’t know what my spouse owns or owes?

      A divorce case is a civil legal action.  The rules of discovery apply, meaning if requested, documents need to be disclosed and questions answered, under oath.  You will each have to testify, under oath, as to your income, expenses, assets and debts/liabilities.

    Estate Planning

    • What is the difference between a will and a living will?

      A will states your wishes as to what happens to your property at the time of your passing.  A living will indicates your wishes as to what medical treatment you want to have to extend your life.

    • Can someone make sure my wishes as to medical treatment are followed?

      You can authorize someone to be your power of attorney and make healthcare decisions for you in the event you cannot communicate and make them yourself through a document called a Power of Attorney for Health Care.  You can also create a Durable Power of Attorney giving someone the ability to make financial decisions for you, including selling real estate and paying your bills.

    • What happens if I do not have a will?

      The court will appoint someone to be your personal representative to administer your estate.  If you have a living spouse, your estate will go to him/her unless you have children from someone other than your spouse.  (If you do, your spouse retains his/her half of the marital property and the remaining may go to your children.)  If you have a will, you can decide how to divide your property and name a personal presentative to handle administering it, as well as name a guardian for your minor children and set aside money to be received at a later date, among other things.

    Financial Hardship

    • My house is in foreclosure, do I have to file bankruptcy because of it?

      Unlikely, if that is the focus of your financial hardship.  Most residential foreclosures are “non-deficiency” meaning  that while you may lose the right to retain your home, you will not likely be required to pay the difference between what the home sold at sheriff sale and the loan amount or for attorney fees incurred by the bank.

    • I cannot pay all my bills, is bankruptcy my only option?

      Wisconsin has an alternative called a Chapter 128, which allows you to put one or several unsecured debts into a thirty-six (36) month repayment plan, without paying additional interest and/or late fees while you are in repayment.

    • Will I lose my property if I file bankruptcy?

      You are allowed to choose from either federal or state exemptions, which protect both real property and personal property in the event of filing of bankruptcy.  Which one you choose depends on your individual situation.

    • Can I get rid of all my debt if I file for bankruptcy?

      That depends on the type of debt you have.  Some debts, such as student loans, some taxes, and restitution are not likely to go away, but most credit card and medical bill type debt will go away.