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December 26th, 2018 Blog

Failing to report acts of domestic violence.

The biggest mistake an individual can make who has been the victim of domestic violence is to do nothing. Every threat, every push, every shove, every poke, every punch, every slap, every blocked entry, every choking, every kicking, every being pinned down, every sexual unwanted touching should be documented. This means reporting the incidents as…
December 23rd, 2018 Blog

Sloppy Lawyering in divorce cases

I’ve had a rash of phone calls and meetings this month with prospective new clients who are currently represented by an attorney, but are unhappy with the representation and thinking of making a change. I thought it might be interesting to discuss in today’s blog, some of the things I’ve observed, when I have a…
December 21st, 2018 Blog

Traveling with minor children out of state

The holidays are upon us and I receive numerous questions and phone calls on whether you need to consent of the other parent or a court order to travel with children over the holidays. The answer is no. There is a law in Wisconsin that you cannot move the children  more than 100 miles from…
December 19th, 2018 Blog

How is Jurisdiction established in a Domestic Injunction case?

I was asked the other day, whether someone who resides out of state is subject to jurisdiction within the state when a person is seeking a domestic abuse injunction or restraining order. Where in the statutes would one find is someone subject to the jurisdiction of the court? Can an out of state resident be…
December 18th, 2018 Blog

How to defend against a Domestic Violence Injunction

It is not uncommon at the inception of divorce cases, that one of the parties raises allegations of threats of domestic violence or has engaged in some physical act that could arguably be domestic violence. What can one do to defend against such allegations? What happens at an injunction hearing? Should you hire an attorney?…
December 17th, 2018 Blog

Anticipatory contempt

  I have been getting questions on whether someone can file a contempt motion for someone making a threat. It goes something like this: parties live in different states, and one of the parents makes a "threat" that they are not going to return the children following their court ordered visitation.  Can you file a…
December 15th, 2018 Blog

What happens to a divorce if the parties get back together?

RECONCILIATION It doesn't happen very often, but every once in awhile, a couple will reconcile following a divorce being entered.  What happens to the divorce decree? Can it be vacated? What about the court orders, such as for child support? What happens to that? Is there a difference between reconciling shortly after the divorce, as…
December 12th, 2018 Blog

Can you get your own Guardian ad litem appointed?

Interestingly, over the last few days, several people have asked me the same question; that is, can you get your own guardian ad litem appointed, or bring some other person to court for your child as their guardian ad litem? The answer under Wisconsin law is "no."  The court appoints the guardian ad litem. Whenever…
December 8th, 2018 Blog

Different formulas in Wisconsin to calculate child support

There are two different formulas for calculating child support in the state of Wisconsin, depending on what the placement arrangement may be for minor children. Traditional placement.  If one parent has the children 75% of the time, traditionally thought of as overnight placement, the non-custodial parent pays a percentage of their gross monthly income for…
December 7th, 2018 Blog

Say Goodbye to Maintenance?

  We are in the last month of the year, and many individuals going through a divorce, where maintenance is an issue, are making a mad rush to have the divorce completed this year. Why, you might ask? The reason for the panic and mad rush, is due to the tax law change going into…
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