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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 low can you go?
Sometimes when people are going thru a divorce, they start to fight over the most petty and sometimes silly things. I thought it might make for an interesting blog to discuss some of the things that I have seen over the years and things you should definitely NOT be arguing about when going through a divorce….
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Different placement arrangements in Wisconsin
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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Wisconsin Adultery Laws
Learning that your spouse has been unfaithful to you can be a painful shock. That can be especially true if you have children or if you’ve been married for an extended time. As such, you might seek out help determining what to do about their infidelity. You’ll need to understand Wisconsin adultery laws, first, so…
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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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Calling the police?
We are frequently asked on family law matters, should the person call the police? It many times involves visitation disputes, and sometimes property disputes. The general answer I give is no, because in most cases, I don’t find that the police will intervene, since no crimes have been committed, and many times, the police inform…
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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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Can Marriage Feel Like Slavery?
Tonight, Jewish people around the world celebrate Passover. The Passover story is based on the chapter of Exodus from the bible. It tells the great story of how God saw the Hebrews who were enslaved by the Egyptians and their great suffering. God intervened and revealed himself to Moses to go back to Egypt and…
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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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