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?…
Posts by David Karp
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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Child support beyond 18?
Under Wisconsin law, child support ends at the 18th birthday, or if still in high school to graduate, no later than the 19th bitthday. People many times ask if there are circumstances to get support after that point? 1. A child with special needs. Under the current law, even though an adult child may have…
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All things must pass
The title for my blog today is taken from the first solo album by George Harrison after the Beatles broke up. It’s the name of the double album and a song on the record. It’s fitting because this past week my mother passed. While she had been ill over the last 30 days, it was…
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Different ways to calculate child support in Wisconsin
Check out our simple-to-use Wisconsin Child Support Calculator here. When going through a divorce in Wisconsin, and where there are minor children involved, there are two different formulas for calculating child support. Many times, we see custody battles that are not really custody battles at all, but rather disguised child support concerns; more time, equals…
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Collecting on your ex spouse’s social security
A lot of people going through a divorce, may not know or realize that they may be eligible at retirement age, to start drawing social security on their ex spouse’s account. In order to do so, you must meet certain rules as outlined by the Social Security Administration. Forty three percent of unmarried older U.S….
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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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Relocation Bill passes both houses in Wisconsin
A bill that was recently passed by both the State Assembly and now the State Senate changes the procedures for relocating a child’s residence, when a court grants any periods of physical placement with a child to both parents and one parent intends to relocate and reside with the child away from the other parent….
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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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Meeting with the guardian ad litem
I have written a number of recent blogs, focused on guardian ad litem issues. Today’s blog addresses the first interview with the guardian ad litem including what to expect and how to conduct yourself at the meeting. Let’s paint the picture first. You and your spouse are going through a divorce and cannot agree as…
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Common Questions a Guardian ad Litem Will Ask You and Your Child
And What to Expect The First Time You Meet A Guardian ad Litem investigation typically happens when the parties cannot agree on a custody or placement determination regarding their children. When the parties cannot resolve child-related issues on their own, the court appoints an attorney to investigate the children’s best interests and to make a…
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Guardian ad litem recommendations
The other day I wrote about what a guardian ad litem’s investigation typically consists of, when parents are in engaged in custody litigation over their minor children. Today’s blog, focuses on what form the recommendation of the guardian ad litem takes and when one might expect to receive that recommendation. Assume that the parties are…
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The guardian ad litems’ investigation.
Most litigants going through a custody battle in Wisconsin have heard of the appointment of a guardian ad litem. Most seem to lack an understanding of what the guardian ad litem is required to do or what type of an investigation needs to be undertaken. A guardian ad litem is required any time there is…
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How to extend a Domestic Abuse Restraining order in Wisconsin
If you have a domestic abuse restraining order is there a way to extend it or are you obligated to out and re-petition for a new restraining order and start all over? The answer lies at sec. 813.12 (4) (c) 2. 2. “When an injunction expires, the court shall extend the injunction if the petitioner states…
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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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Child dependency exemption under the Tax Cuts and Job Act
I have been receiving numerous inquiries on whether under the Tax Cuts and Job Act of 2017, has affected the ability to still claim your children or dependents as an exemption. The Tax Cuts and Job Act has eliminated any personal exemptions. Instead, the new tax law has boosted the standard deduction and increased the…
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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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Child endangerment or innocent mistake?
In a case out of Ozaukee County, Wisconsin, today, a mother was in court and plead not guilty to charges that she endangered her 9 year old child, when she put the child on the roof of her vehicle to hold down a small plastic wading pool. The mother, Amber Schmunk, 29 who lives in…
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Contingency Fees in Family law Cases?
I was asked recently if we could handle a divorce for a contingent fee, much like personal injury lawyers charge 1/3 for representing victims in accident cases. It is an interesting thought. Since 50-70% of all family law cases are pro se litigants, if a person going through a divorce or other family law case…
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