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…
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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Legal Separation vs. Divorce
What is Legal Separation? A Legal Separation 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 it. Legal Separation creates a…
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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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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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Is it illegal to change locks during a divorce?
No. It is not illegal to change the locks . . . however, it can get complicated. Changing Locks During Separation or Divorce Legal Separation and Divorce are virtually the same in Wisconsin. They both legally end a marriage and the legal process is nearly identical for both. Therefore, this article applies equally to legal…
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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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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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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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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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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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“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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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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Can you sue your spouse for cheating in Wisconsin?
From a Practical Perspective, No. Wisconsin used to have a law against “alienation of affection.” This allowed a party to sue anyone thought to be responsible for the breakup of their marriage–including therapists, clergy members, or mothers-in-law. Under this statute, the victim of adultery could even sue his or her spouse’s paramour. However, that statute…
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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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