In an uncontested divorce, the parties agree to end the marriage without litigation. Sometimes, they may even have laid out what each spouse will walk away with from the marriage. So why does each spouse have to share financials with each other? Why You Need a Financial Disclosure Statement There are two reasons for this….
Divorce
Articles categorized by what phase of divorce you're currently experiencing:
Articles categorized by topic and areas of your life most affected by a divorce:
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150 miles or 100 miles? Which Wisconsin law applies?
I receive a fair number of phone calls and on line inquiries about what a person is required to do to move away following a divorce. What notice is required? Do I have to file a motion? What reasons do I need to move? How long will the process take? How much will it cost?…
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When does a divorce agreement become binding?
There is a fair amount of misconceptions about the legalities of agreements when going through a divorce. Today’s blog, tackles some of those myths and resolves the question when and how does a divorce agreement become binding? Handshake deals. Informal agreements between the parties, what are commonly known as a “handshake deal” clearly are not legally…
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How to prove a parent is “unfit.”
Almost every other phone call or on line inquiry we receive, concerns a post judgment custody issue where someone wants to prove or allege the other parent is “unfit.” The idea is they want to obtain primary placement of the children, and in many cases, also involves pre-judgment matters. How do you go about proving…
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When do “variable costs” apply in Wisconsin?
Navigating the complexities of divorce in Wisconsin can be emotionally and financially challenging. Understanding the concept of ‘variable costs’ is crucial for anyone facing this life transition. While the average cost of divorce in Wisconsin can vary significantly, understanding how variable costs factor into the equation is essential for making informed decisions. What are “variable…
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Different placement arrangements in Wisconsin
There is an old saying that “one size fits all,” but when it comes to placement of minor children in a divorce, there are a myriad of different placement arrangements that might work for one family, and for the next family it could be a train wreck. What works for one, doesn’t necessarily equate in…
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Dismissing a divorce
Every once in awhile, someone will file a divorce or legal separation and then change their mind about it. How does one properly go and dismiss a divorce or separation case that has been filed with the court? Voluntary notice of dismissal. If you haven’t yet personally served your spouse, or if they have been…
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Name on a birth certificate.
There probably isn’t a day that goes by where I read a question posted on Avvo or Lawyers.com or we receive at our web site, about placing the father’s name on a child’s birth certificate to determine that they are the father. We are obviously talking about a situation here where the child is born…
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Bringing false charges of abuse in a divorce
It has happened numerous times in my career, that at the onset of a divorce action, one of the parties is accused of abuse, whether it be domestic violence against their abuse, or in some cases, child abuse. These allegations are brought contemporaneously with the divorce or separation filing, usually to get an upper hand…
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Who gets the Diamond Ring?
When getting a divorce, who gets to keep the diamond engagement/wedding ring? When a couple are engaged and do not get married, in Wisconsin, the law is the ring gets returned to the person who bought it, irrespective of who broke off the engagement. The ring must be returned. What happens in a divorce case?…
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“I want 50/50 placement!”
We meet with a lot of individuals going through a divorce who come into the office and advocate that they want “50/50 placement.” To me, that is like nails on a chalkboard because it really tells us nothing. It is particularly annoying when they make the same advocacy to the guardian ad litem and/or the…
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What to expect at a divorce pre-trial conference?
On some of the law related web sites, such as AVVO and Lawyers.com, individuals going through a divorce not represented by attorneys, frequently ask what is a pre-trial conference and what is going to happen at the pre-trial? When and how scheduled? The pre-trial conference is typically scheduled following the 120 day statutory waiting period….
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Can one attorney represent both parties in a divorce in Wisconsin? part 2
The other day I wrote a blog on whether one lawyer can represent both parties in a divorce case. The traditional view has been that the attorney cannot do so as it is an inherent conflict of interest. I subscribe to the traditional view. However, there is a countervailing view under the new Wisconsin’s limited…
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Waiver of 6 month waiting period for remarriage in Wisconsin
Periodically, I am asked, if there is a way to waive the statutory 6 month waiting period in Wisconsin before one can get remarried. The law basically states that if you are divorced in Wisconsin, you cannot remarry anywhere in the world for a period of 6 months, and if you should do so, the…
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Release of medical records in a custody battle.
The other day I wrote a blog on the physician- patient privilege in Wisconsin, and under what circumstances it can be waived. One of those circumstances under Wisconsin law does not cover when parties are contesting custody of their minor children. So, the question becomes what is a party required to do when the court…
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Recorded Telephone Conversations in Wisconsin
An interesting question is whether someone can record a telephone conversation in Wisconsin and then use that as evidence in a courtroom as part of going through a divorce or separation case? Wisconsin is a “one party” wiretap state. It is not necessarily illegal to wiretap or record someone, without their knowledge or consent. Whether…
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Admission of Personal Service
The other day I discussed whether it mattered who filed first. In most cases it routinely does not, but if the parties are separated and living in different counties, or different states, it can certainly matter, and where minor children are involved, can affect jurisdiction of the court to proceed. When filing for divorce in…
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Waiver of Maintenance in Wisconsin
You are going through a divorce, and the proposed marital settlement agreement calls for a waiver or termination of maintenance payments at the time of the granting of the final divorce. You are not sure what that means, and whether you should waive or not. First off, what is maintenance? Maintenance is the right to…
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Lawyer Response Time
I take a lot of phone calls from people looking to replace their current lawyer and the number one complaint seems to be that their lawyer never calls them back. No one likes being ignored. What exactly should the response time be back from your lawyer? What is reasonable? What are your own expectations? What…
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When does child support start when divorcing in Wisconsin?
You have filed for divorce and requested child support in your initial petition for divorce, but no one has exactly explained how you go about to receive child support? How do you go about to receive child support? How is the amount determined? When does it start? Does your spouse pay it to you or…
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