Divorce

  1. Child Custody vs. Child Placement: What is the Difference?

    Custody and Placement are two family law concepts that are often confused or used interchangeably. However, they are very different and are, in some ways, not even related! In Wisconsin, child custody refers to the right of a parent to make major decisions for the child. Major decisions include such things as consent to marry,…

  2. How Does the Court Decide the Custody and Placement of Children?

    Karp & Iancu S.C. explains the factors a court or Guardian ad Litem considers when determining placement and custody of a child and helps you understand which factors might be most important in your case. From the concept of joint decision-making to the goal of maximizing time with each parent, keep reading to learn how…

  3. May a Woman Use Her Former Surname After Divorce?

    Find out who is eligible for a name change upon divorce, how to change your name, and what your spouse can do to stop you. Also learn whether you can force your spouse to stop using your last name and what statute applies to name changes at the time of divorce. Yes. At the time…

  4. Pregnant during a divorce?

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  5. Financial Disclosure Statements in an Uncontested Divorce

    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….

  6. COVID-19 Pandemic & Divorce: What You Need To Know

    We’ve Temporarily Taken Our Practice Digital Thanks to technology, our attorneys can still offer the same award-winning service to their Milwaukee-area clients despite the current pandemic. Fill out the form below to set up a 100% confidential, no-pressure online divorce consultation. Prefer to call? (414) 453-0800 During this time, our staff and attorneys continue to…

  7. How low can you go?

    Sometimes when people are going thru a divorce, they start to fight over the most petty and sometimes silly things. I thought it might make for an interesting blog to discuss some of the things that I have seen over the years and things you should definitely NOT be arguing about when going through a divorce….

  8. 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?…

  9. 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…

  10. Child Custody Calculator in Wisconsin

    CALCULATING CHILD CUSTODY IN WISCONSIN Is there a way to calculate who gets custody of minor children when going through a divorce in Wisconsin? There are basically two forms of placement of minor children in Wisconsin when going through a divorce; a. Primary Placement. This traditional placement arrangement puts the children primarily in one parent’s home…

  11. 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…

  12. When do “variable costs” apply in Wisconsin?

    What are “variable costs?”  Wisconsin DCF 150 (29) defines “variable costs” as the reasonable costs above basic support costs incurred by or on behalf of a child, including but not limited to the cost of child care, tuition, a child’s special needs, and other activities that involve substantial cost.   2. When do “variable costs”…

  13. 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…

  14. When a woman is married and pregnant from another man.

    Many times in family law cases, we see situations where a woman becomes pregnant while still married. The husband by law, is presumed to be the biological father of the child. It complicates the divorce. If either the mother or her husband raise the issue with the trial court that the husband may not be…

  15. 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…

  16. 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…

  17. 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…

  18. 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?…

  19. “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…

  20. 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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