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Moving within Wisconsin.

There is a law in Wisconsin, that during the divorce, or after the divorce, where there are minor children, you cannot move out of state or move more than 150 miles within the state, without first providing 60 days advance written notice of the intent to relocate. The notice must be in writing and sent […]

Alcohol involved in a fatal boat crash in Wisconsin

I have preached many times through my blogs, of the danger of drinking and driving. The same is true for operating a personal water craft, boat, airplane, motorcycle, ATV, or snowmobile. Alcohol and speed  can kill. Over this past weekend, there was a fatal boat accident on Lake Nagawicka in Waukesha County. A 53 year […]

The 6 month waiting period

Wisconsin is unique in that it requires a waiting period after the divorce to get remarried. The law basically states that you cannot go out and get married anywhere in the world for a period of six months and if you should do so, such marriage would be null and void. Lets’s break it down […]

The differences between chapters 766 v 767

Wisconsin is a marital property law state and has been since 1985. Under chapter 766 of the Wisconsin statutes, a married couples’ property is presumptively equal. When a couple get a divorce in Wisconsin, chapter 767 applies. For parties getting a divorce, the law since the divorce reform act of 1977 has been presumptively equal. […]

Tupperware wars

When parties cannot agree on the division of their personal items, judges and lawyers sometimes refer to this a “Tupperware war.” Courts do not like these battles and most think it is beneath them to try to figure out out home goods and furnishings and other personal items, get divided up as part of the […]

Rants against insurance companies

Consent to divorce?

I had a prospective client ask me the other day if you need the other parties’ consent or permission to be granted a divorce in Wisconsin? The answer is no. The basic requirements for divorce are as follows; You must be a resident of the state for six consecutive months prior to filing; You must […]

Can you extend maintenance payments?

I am frequently asked if maintenance payments can be extended? If you are under a court order and receiving spousal support payments as a set or fixed term, the answer to the question is yes, providing such motion or petition to request the extension is filed, before the payments terminate. If you file the motion […]

Can the court order the sale of the home in the middle of the divorce?

The answer to the question for today’s blog is yes, but rarely done. Let’s start at the family court commissioner’s level. At the early stages of the divorce case, most cases wind up in front of the court commissioner for an interim temporary court hearing. The purpose of that hearing is to set temporary court […]

Can you waive child support?

Pro se litigants frequently ask this question. They come up with some rather unconventional settlement proposals, and this is one of th. They may be splitting the children apart and deciding that neither should pay child support to the other, or they want to waive it completely, so neither party can ever come back to […]

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