Posts by David Karp

  1. Engagement Is Off – Who Keeps The Ring in Wisconsin?

    You were engaged to be married and got “cold feet” and decided to call it off. Now, you are both arguing about who gets to keep the ring. The person who received the ring feels they are entitled to keep it because you were the one who broke it off. You feel that is unfair,…

  2. Will the court let me move out of Wisconsin with the children?

    In Wisconsin, 767.481 stats., spells out the specific rules and requirements for a parent’s request to move either out of state, or more than 150 miles from the other parent within the state. There is some level of legal controversy over whether the so called “removal statute” applies in divorce cases and paternity cases. The…

  3. School Choice – Who Makes It?

    It is August and we are inching towards the school year starting for children. I receive numerous questions from clients and others this time of year, about who gets to decide where children will attend school. It is a frequent battle ground for divorced parents where they disagree on which school their children should attend….

  4. What Are My Rights When It Comes To Cohabitating?

    When a couple live together without the benefit of being married, in a cohabitation, non-marital relationship, they are not afforded the protection of the family code, under Chapter 767 of the Wisconsin Statutes. Wisconsin does not recognize common law marriages. This means that you cannot receive spousal support, and there is no presumptive 50/50 property…

  5. Statute of Limitations on Divorce Judgments?

    Very few people realize that there is a statute of limitations in Wisconsin for enforcing a judgment. While applicable in civil judgments, it is also also applicable in family law cases. If you have any issues with your divorce case that either need modification or enforcement, if you fail to act by filing a motion…

  6. Does a Child Decide Where They Want to Live in Wisconsin?

    This is a frequently asked question and one that I don’t think is well understood by most. The general answer is “a child cannot ever decide.” Let’s explore that however, both in terms of the legal issues as well as the practical aspects of the matter. Under Wisconsin Statue sec. 767.41 (5) (am) 2, factors…

  7. How do you effect a reconciliation in the middle of a divorce?

    While I don’t see a lot of people who are desirous of reconciling during the divorce process, it can happen, and ironically, has happened with some clients of mine over the last several weeks; that is what has triggered this to be the topic of my weekly blog. There are essentially two ways of dealing…

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