This is a very common question among divorcing parents and one of the main concerns parents have when they are going through the divorce process with our Milwaukee divorce lawyers. The good news (or bad news, depending on your perspective), is that in Wisconsin children do not get to choose where they live following an…
Post-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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Can I Change My Name After I Divorce? Can I Change My Kids’ Names? Advice from Milwaukee Divorce Lawyers
At the time of divorce, a woman can request that the court restore her to her former surname following a contested divorce or uncontested divorce in Milwaukee, WI. If she makes such a request following the divorce proceedings, it will be granted. The other party from uncontested divorces cannot object or prevent her from doing…
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Family Law Appeals
Family Law Appeals: When and How to Challenge a Court Decision There are times when court decisions don’t align with your expectations or the applicable laws. When this happens, you may need to challenge the outcome through an appeal. An appeal is not a complete “do over” of your case but rather a review of…
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Vaccination Disputes in Child Custody Matters
When Parents Disagree on the COVID-19 Vaccination The Food and Drug Administration just announced that children 12 to 15 years old are now eligible to receive the Pfizer Covid vaccine. Children as young as 6 months old may soon be able to receive the vaccine after ongoing clinical trials are complete. But what happens when…
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When can we legally sell or refinance the house in a divorce?
The Answer Depends on Your Goals (and Your Relationship with your Spouse). Whether or not you sell or refinance your house will depend on several considerations: Does one of you want to keep living in the house? Can that person afford the house on his or her own? How good is your credit? Can you…
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What Happens With Stimulus Payments in a Divorce?
Are you and your spouse living apart? Are you wondering where your stimulus check will land? What happens if your spouse takes your check? And do parents have to share stimulus money received for the children? Why did we each get stimulus checks for the same child? Learn the answers to these questions and more!…
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What Happens To An Adopted Child During (and After) A Divorce?
Did you and your spouse adopt a child? Did you adopt your stepchild and make him your own? Are you worried that adopted children may be treated differently in a divorce? Parents of adopted children need not fear! Read on for reassurance about how your relationship with an adopted child continues after a divorce. Modern…
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Who Gets the Dog in a Divorce?
You’ve heard of unhappy couples “staying together for the children,” but what if those “children” are fur babies? Some pet parents care as much for their animals as other parents do for their human children. But is there such a thing as “pet custody?” Who gets the dog in a divorce? Read on to find…
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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,…
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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…
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Will My Kids Get to Choose Where They Live After a Divorce?
This is a very common question among divorcing parents and one of the main concerns parents have when they are going through the divorce process. The good news (or bad news, depending on your perspective), is that in Wisconsin children do not get to choose where they live. You may have heard rumors that children…
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Paying Maintenance Arrears in Wisconsin
You Probably Can’t Avoid It. This article was originally written by attorney David Karp and published on wisbar.org (link). When two people file for divorce, depending on differing levels of income, one spouse may be owed financial support from the other spouse with respect to child support, family support payments, or maintenance payments. Spousal maintenance…
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Nesting: An Alternative Placement Arrangement
When most think of divorced families with children, they think of the children being shuffled to and from one parent’s house to the other. But there is another option–nesting arrangements. A nesting arrangement is when the children stay in the familial home and the parents rotate in and out depending on their placement schedule. A…
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Annual Exchange of Financial Information in Wisconsin
Over the last few days, I have fielded a number of questions dealing with the law in Wisconsin that requires an annual exchange of financial information when divorced with children. Many don’t even know the law exists, or there is a such a requirement. Others ask me, what is the due date for the exchange?…
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When can you request a change in Custody in Wisconsin?
We take numerous inquiries day in and day out from individuals who have gone through a family law case and are interested in changing custody. How does one go about it? Are there time restricitions for doing so? What is the burden of proof? What type of evidence does one need to modify the existing orders?…
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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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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…
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Day care expenses and child support
You have little children at home and both of you work. You are going through a divorce and wonder how day care is going to be paid for. Does child support cover day care costs? Are day care costs covered separately over and above child support? Are day care costs considered “variable costs” and paid…
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What is a QDRO and do I need one?
QDROs are specialized court orders used to divide qualified retirement assets. What is a QDRO and how does it work? “QDRO” (commonly pronounced “cue-droh” or “kwah-droh”) is an acronym that stands for Qualified Domestic Relations Order. A QDRO is a special kind of court order that is required to divide certain retirement assets (typically defined…
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Ex Parte Orders
Litigants going through a divorce have a perception that nearly everything about their case is “urgent” or an “emergency.” From the lawyer’s perspective and the court’s perspective, most of what the parties may feel is urgent or an emergency, rarely is. However, there are situations that truly are urgent and can be considered an emergency,…
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