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Category Archives: Family Law

Filing Bankruptcy in a Divorce

  You are going through a divorce and have serious debt issues and decide to file for divorce. How does that impact a divorce in Wisconsin? Filing during the divorce process. If the bankruptcy is filed while going through the divorce itself, it will delay the divorce process and prevent the divorce court from making […]

Day care expenses and child support

  You have little children at home and both of you work. You are going through a divorce and wonder how day care is going to be paid for. Does child support cover day care costs? Are day care costs covered separately over and above child support? Are day care costs considered “variable costs” and […]

Admitting service of divorce papers

When one party initiated a divorce, they are required under Wisconsin law to have the divorce papers personally served on their spouse within 90 days, and to file proof of service with the court. Is there an alternative to personal service? Under Wisconsin law, a person can admit personal service of the initial divorce papers, […]

Dividing sports tickets in a divorce

  Having season tickets or partial season tickets to a major football team, basketball team, or baseball team, poses challenges when a couple get a divorce. Are the tickets marital property? Well, one has to start the analysis under s. 767.61 that all property acquired either before or during the marriage is subject to equal […]

“Tools” of the trade.

Someone asked the other day, if you own tools and use them for your job or employment, are they exempt from division in the marital estate, since you rely on them for your livelihood. The answer to that question is simply no, and runs completely contrary to the law in the state of Wisconsin. Under […]

Dividing a 401k; fixed sum or percentage order?

When dividing a defined contribution plan, such as a 401k, 403B or other similar retirement plan, one also has to decide whether to take the 50% share as a fixed sum of money or as a percentage distribution. There are differences between the two which need to be spelled out in the marital settlement agreement […]

Prohibition on remarriage in Wisconsin

    When going through a divorce in Wisconsin, the judge at the conclusion of the case is obligated to provide an admonition on remarriage. It basically goes something along the lines, ” it is my duty to advise that you are prohibited from getting remarried anywhere in the world for a period of 6 […]

Appraising a small business in a divorce

      You are going through a divorce and your spouse has a small business. Perhaps, they are a sole proprietor and are a one person operation. This could include such things as a painter, landscaper, electrician, plumber, or home remodeling. There is no question that the business is a marital asset and subject […]

Do you need your spouse’s consent to get a divorce in Wisconsin?

  If you watch movies and TV shows, when it comes to a couple getting a divorce, there is “drama” in one party refusing to agree to a divorce or consenting to a divorce. Is that really the law? Can you only get a divorce if your spouse agrees? Well, while it may make for […]

Spreadsheets; why important?

Good family lawyers use spread sheets for support calculations and property division. Courts also like spread sheets and many times when the case is set for contested trial, may require in a pre-trial order, that appropriate spread sheets be submitted to the court to be used a trial. What spread sheets should be used? 1. […]

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