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Category Archives: Family Law

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 […]

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 […]

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 […]

Things that make clients mad!

I have written two recent blogs on what makes judges and lawyers mad; now, it’s your turn to get even. This blog addresses what makes clients mad. You might ask how do I know what a client may find upsetting? I can answer that several ways; 1. I’ve been practicing law for over 35 years, […]

What angers Lawyers.

The other day I wrote a blog about what angers lawyers. Today, I am turning our attention to what angers family lawyers. In no particular order, here are a few of my rants. Clients and/or prospective clients, who set an appointment and fail to show up, without having the courtesy of calling and explaining why […]

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