TL;DR Summary for When do “variable costs” apply in Wisconsin? What are variable costs?: These are reasonable costs above basic child support, including expenses for child care, tuition, special needs, and other substantial activities. When do variable costs apply?: They apply when parents have split or shared physical placement of the child. How are variable…
Pre 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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Bringing false charges of abuse in a divorce
Periodically, when involved in a custody dispute while going through a divorce, one of the parties raises issues of abuse, whether it be domestic violence against their spouse or, in some cases, child abuse. These allegations are brought contemporaneously with the divorce or separation filing, usually to get an upper hand on custody of the…
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Contesting a restraining order
Your spouse or former significant other has threatened to go to the courthouse and obtain some type of restraining order against you. Is there any way to prevent them from doing so, or to fight the matter in court? You can’t really prevent someone from accessing the courthouse if they want to pursue a restraining…
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Failure To Serve On Time
What is the law with requiring you to serve your spouse when getting a divorce and what happens if you fail to serve within the statutorily prescribed time? .The answer lies at sec. 801.02 (1) of the Wisconsin Statute, where all papers must be served within 90 days of filing. Sec. 801.02 (1) reads as…
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Can You Secretly Divorce Your Spouse?
In an interesting story out of New York City several years ago, a woman who was 59 years old, sued her husband, who was 90 years old, after being married for over 20 years, after he secretly divorced her, just a few short months after they were initially married. The reason the husband claims to…
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Is Wisconsin a 50/50 state for divorce?
It is surprising that most people don’t know the answer to this question. We are frequently asked this question and the answer is yes. Wisconsin, since 1977, has been a marital property law state when it comes to a family getting a divorce or legal separation in Wisconsin. This means that there is a legal…
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Pre-Marital Assets; exempt under Wisconsin law?
Our office receives a number of questions and inquiries on how pre-marital assets are treated in a divorce case under Wisconsin law. Are pre-marital assets exempt from property division, or are they divisible under Wisconsin law? TL;DR Summary of Pre-Marital Assets: Exempt Under Wisconsin law? In Wisconsin, all property owned by either spouse, including assets…
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Child Custody vs. Child Placement: What is the Difference?
Child Custody vs. Placement Understanding Custody vs. Placement in Wisconsin Family Law Custody and placement are two key concepts in family law that are often misunderstood or used interchangeably, but they are fundamentally different and, in some cases, not even related! Understanding the distinction between them is crucial, especially in the context of Wisconsin…
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Legal Separation vs. Divorce In Wisconsin
What is Legal Separation in Wisconsin? A Legal Separation in Wisconsin is different than simply living apart. Physically separating is not the same as legally separating. If you physically separate without taking any further legal action, you remain legally married and will continue to enjoy (or suffer) all the rights and responsibilities that come with…
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How to Navigate Divorce: A Guide to Compassionate and Effective Representation
Why Divorce is Our Bread and Butter At Karp & Iancu, S.C., divorce cases account for more than two-thirds of our caseload. These cases are often intertwined with post-judgment work, such as modifying custody arrangements or enforcing court orders. Divorce is more than just a legal process—it’s a deeply personal journey, and our firm takes…
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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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How Long Does It Take to Get a Divorce in Wisconsin?
A Minimum of Four to Six months (or More). If you are wondering how long a divorce takes in Wisconsin, generally, the earliest you can expect to finalize your divorce is 4 to 6 months after you file it. It takes a long time to get divorced in Wisconsin. In fact, it takes longer in…
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Choosing the Right Milwaukee Divorce Lawyer for Mediation
Mediation vs. Litigation: Choosing the Right Path with a Milwaukee Divorce Lawyer Divorce doesn’t have to mean a loss of control over your future. The decision to opt for mediation or litigation can significantly impact your divorce process and outcome. In this guide, we’ll explore the benefits of mediation over litigation and how partnering with…
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The Importance of Hiring a Family Law Attorney in Milwaukee
People often ask, “Do I even need to hire a Milwaukee divorce lawyer?” The short answer is, “no.” However, you also don’t need to hire an obstetrician to deliver your baby. Nature will take its course with or without the doctor there. But sometimes it is nice to have someone who can intervene when there…
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Is it illegal to change locks during a divorce?
No. It is not illegal to change the locks . . . however, it can get complicated. TL;DR Summary for Is it illegal to change locks during a divorce? Changing locks during separation/divorce: In Wisconsin, changing locks during a separation or divorce is not always straightforward and depends on the situation. For non-violent spouses: Use…
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Do I Need a Prenuptial Agreement?
Before you and your fiancé say your “I do’s”, it may be in your best interests to consider signing a prenuptial agreement. While no one likes to think about the possibility of divorce, especially before you’ve even wed, the truth is that forever is a long time, and there is no guarantee or requirement that…
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What Is A Contested Divorce?
Contested Divorce: When Couples Can’t Agree Couples often get divorced when they can agree only one on thing: that they don’t want to be married anymore. However, there are many decisions that go into the dissolution of a marriage. A contested divorce is a divorce in which the court makes these difficult decisions for you…
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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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Finding the right divorce lawyer
I have written previous blogs about how one goes about to find a divorce lawyer. Today’s topic is about finding the right lawyer for you in a family law case. You need to have a mindset from day one, about what type of a lawyer you are looking for. Are you looking for a lawyer…
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Are Sick Leave accounts subject to property division in Wisconsin?
Just when you thought you had heard everything that a couple might be fighting about in a divorce case, you stumble across a new issue or asset pertaining to whether a person’s accrued sick time or sick leave account is subject to equal property division in Wisconsin? It appears over the years the answer legally…
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