There is an old saying that “one size fits all,” but when it comes to placement of minor children in a divorce, there are a myriad of different placement arrangements that might work for one family, and for the next family it could be a train wreck. What works for one, doesn’t necessarily equate in…
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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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How to stop your spouse from making Disparaging Remarks about you
You are in the middle of the divorce and find out that your soon to be ex is bad mouthing you to your children. They are profane in referring you, put you down all the time and trying to poison the children against you. When your children come home after visiting with the other parent,…
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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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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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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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Using a GPS tracking device on your spouse; Is it against the law in Wisconsin.
You think your spouse may be cheating on you and you don’t feel like spending thousands of dollars by hiring a private investigator to follow them around to prove it. Instead, you think of placing a GPS tracking device on your spouse’s car. By doing that you can track their every move, see where they…
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Cohabitation can affect maintenance payments in Wisconsin
Under Wisconsin law, when you are receiving maintenance payments (better commonly known as “alimony”) and if you get remarried, your payments automatically stop under Wisconsin law. What happens, if you live with someone instead? Do your payments automatically stop? Under the law in this state, cohabitation is a factor that the court can consider in…
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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 access to the courthouse if they want to pursue a…
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How to Reconcile during the divorce
In Wisconsin, there are two ways that a couple can try to reconcile during the divorce process. The first way, and the one that I routinely recommend to my clients who inquire about reconciling, is to enter into a 90 day agreement to put the divorce on hold while the parties work on their marriage….
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Long term v. short term marriages
From a statutory perspective, the length of the marriage can be a factor both in property division as well as spousal support. What is the significance behind labeling marriages “short term” or “long term?” Where can you find the definitions of a short term marriage as opposed to a long term marriage? This blog will…
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Why Living With Someone In The Middle Of The Divorce Is Dangerous
I am many times asked, “is it o.k. if I move in with my new boyfriend/girlfriend, while the divorce is pending?” The answer depends on whether you have children or not, and if there are no minor children, that you aren’t making a request on spousal support (maintenance), as it may affect both. Let’s deal…
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Can My Lawyer Drop My Case If I Don’t Pay?
A frequently asked question, and an all to frequent occurrence, is a client who is in the middle of a divorce, and has stopped paying attorney’s fees. There are usually two reasons why a client stops payment to the attorney; 1. They simply don’t have the money and can’t afford to pay or 2. They…
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Trouble With A “Significant Other”
You went through a divorce because you thought by doing so, you would end years of fighting and bickering with your former spouse. Following the divorce, things seemed to be going fairly well, as much as can be expected after a bitter divorce, but for the sake of the children, both you and your ex…
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Dating Before a Divorce is Final in Wisconsin
Know Your Rights & The Risks The end of your marriage is finally in sight and you and your spouse have been separated for what seems like forever. Is it safe to start dating again while your divorce is pending? What happens when you start dating before your divorce is finalized? Read on, to find…
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Can You Secretly Divorce Your Spouse?
In an interesting story out of New York City this past week, a woman who is 59 years old, is suing her husband, who is 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…
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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…
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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…
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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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