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Gifts & Inheritances

Under Wisconsin law, all property, whether acquired before or during the marriage, is considered marital, and must be divided equally at the time of the divorce. The only exception to the presumption for equal property division, is property acquired from a third party as a gift or inheritance either before or during the marriage. This […]

Annual exchange of financial information

Tucked in the statutes, is a requirement in Wisconsin, that any time a child support order or family support order is set, there must be an annual exchange of financial information. The exchange is reciprocal. The relevant section is 767.54. The statute in its’ current form, doesn’t specify what financial information is to be provided, […]

When to tell your spouse you want a divorce

When I meet with a prospective new client, a frequently asked question is when should they tell their spouse that the are going to be filing for divorce?  The answer, of course, is that it depends, and the timing of it and what they should say, if anything, is a very personal issue. There is […]

The danger in failing to respond to a divorce

We see many persons going through a divorce who ask us if they have to respond to a summons and petition in a divorce action  within 20 days of service or what to do if they blew the deadline and are past the 20 days? Wisconsin law requires a person served with divorce papers, to file […]

Allocating holidays between divorced parents

Today is Valentine’s Day and while not a holiday in the traditional sense, it brings to mind that holidays can be a source of frustration and stress for parents going through a divorce. Some careful planning in the settlement agreement can go along way to avoiding those problems down the road. What are the typical […]

Routine day to day decisions of children.

Joint custody under Wisconsin law means that both parents have equal decision making over the children’s upbringing, including major decisions of religion, health and educational choices. It also includes the decision to drive when the child turns 16. Many custody disputes involves day to day decisions as well. It is generally recognized that the parent […]

Discovering hidden assets and income when going through a divorce

Many times when going through a divorce, one of the parties is of the opinion that their spouse is hiding or concealing assets or income. What can a person do to discovery hidden income or assets? While there is no guarantee or promise that conducting an extensive financial investigation will turn things up, there are […]

How to identity retirement benefits in a divorce

  Many times in divorce cases, retirement benefits of the parties are the most lucrative assets. Both pension plans (defined benefit plans) and 401k or similar profit sharing plans (defined contribution plans) need to be researched and valued to be considered in the division of the marital estate. How do you go about doing that? Well, […]

What to expect at a paternity “terms hearing”

The other day I wrote a blog about how to establish paternity in Wisconsin. There are basically two ways to do that; (1) entering into a voluntary acknowledgment of paternity or by (2) filing a formal paternity action in court. Once paternity is established, the court will move on to what is called at “terms […]

How do you determine Paternity in Wisconsin?

I have been fielding a lot of questions lately on how paternity is established in Wisconsin. First, a bit of an explanation. Paternity refers to the area of law where a couple have a child outside of wedlock and there is a question as to who the biological father is. The child has a right […]

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