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Category Archives: Family Law

Custody jurisdiction- pro se litigants

I have been doing a series of blogs on mistakes pro se litigants make when going through a divorce without a lawyer. A minefield of complexity and confusion comes into play when dealing with custody jurisdiction involving minor children. “Home state” jurisdiction under the Uniform Child Custody Act (UCCJEA) is determined where the children have […]

Wiretapping

I am frequently asked by divorce clients if you can wiretap and then use the evidence in court; the answer is yes and no. Under Wisconsin law, it is my understanding that it is not necessarily illegal to wiretap someone without their knowledge or consent. However, you cannot use it in court, unless the recording […]

Jurisdiction- pro se litigants

We have been doing a series on pro se litigants and some of the common mistakes they make when people try to do their divorce without lawyers. We live in a transient society and people move around from state to state. Let’s assume we have a couple who have been living in California; they separate; […]

Property division mistakes- pro se litigants

We have been talking about mistakes that pro se litigants make when attempting to do their divorce on their own with out lawyers. Here is another example; the parties agree in their divorce agreement to divide up their personal furniture and household goods in the following manner; “each shall keep what they now have.”. Just […]

Child support errors- Pro se Litigants

I have done a number of recent blogs about mistakes pro se litigants make. No, I am not picking on people who represent themselves when getting a divorce. Instead, the purpose of this series of blogs on the topic, is to avoid other people going through a divorce making similar mistakes. As many as 50% […]

Pro se mistakes- dependency exemptions

I have devoted the last several blogs to pointing out mistakes that pro se litigants make, when trying to do their divorce. Here is one of the most common; forgetting that along with allocating the tax dependency exemptions for minor children, that there also needs to contain language in the settlement agreement that the custodial […]

Pro se Mistakes, Part 3 – Custody

I started a series the other day to point out errors that pro se litigants make when doing their divorce on their own, without a lawyer. Not everyone needs a divorce lawyer on their case, and some people honestly just can’t afford an attorney an attorney. We understand that as practicing lawyers. However, are also […]

Pro se mistakes- this time, pensions

The other day in a blog, I wrote about the mistake that people representing themselves sometimes make when getting a divorce and forgetting to have language inserted in their marital settlement agreement that when one party keeps a home, there has to be a plan to refinance the mortgage, not just sign the title over. […]

Refinancing mistakes

We talk to a number of individuals who did went through a divorce on their own, without lawyers. There was homestead property involved and one of the parties was awarded the home as part of their property division. Their marital settlement agreement reads something along the lines of “the house located at 5100 N. Sherman […]

Health insurance coverage

A frequently asked question with someone contemplating divorce, who may have serious health issues and are dependent on their spouse’s health plan, is whether there will be continuing health insurance coverage to them, after the divorce? The easy answer to the question is that during the divorce, their spouse will certainly be required to keep […]

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