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Helpful Articles: During A Divorce

What you need to know, do, and what to expect during a divorce.

July 21st, 2020

Financial Disclosure Statements in an Uncontested Divorce

In an uncontested divorce, the parties agree to end the marriage without litigation. Sometimes, they may even have laid out what each spouse will walk away with from the marriage. So why does each spouse have to share financials with each other? Why You Need a Financial Disclosure Statement There are two reasons for this.…
March 18th, 2020

COVID-19 Pandemic & Divorce: What You Need To Know

We've Temporarily Taken Our Practice Digital Thanks to technology, our attorneys can still offer the same award-winning service to their Milwaukee-area clients despite the current pandemic. Fill out the form below to set up a free no-pressure online divorce consultation. Prefer to call? (414) 453-0800 During this time, our staff and attorneys continue to operate…
June 28th, 2019

How low can you go?

Sometimes when people are going thru a divorce, they start to fight over the most petty and sometimes silly things. I thought it might make for an interesting blog to discuss some of the things that I have seen over the years and things you should definitely NOT be arguing about when going through a divorce.…
April 30th, 2019

150 miles or 100 miles? Which Wisconsin law applies?

I receive a fair number of phone calls and on line inquiries about what a person is required to do to move away following a divorce. What notice is required? Do I have to file a motion? What reasons do  I need to move? How long will the process take? How much will it cost?…
April 29th, 2019

When does a divorce agreement become binding?

There is a fair amount of misconceptions about the legalities of agreements when going through a divorce. Today's blog, tackles some of those myths and resolves the question when and how does  a divorce agreement become binding? Handshake deals.  Informal agreements between the parties, what are commonly known as a "handshake deal" clearly are not legally…
April 25th, 2019

Child Custody Calculator in Wisconsin

CALCULATING CHILD CUSTODY IN WISCONSIN Is there a way to calculate who gets custody of minor children when going through a divorce in Wisconsin? There are basically two forms of placement of minor children in Wisconsin when going through a divorce; a. Primary Placement. This traditional placement arrangement puts the children primarily in one parent's home…
March 2nd, 2019

How to prove a parent is “unfit.”

Almost every other phone call or on line inquiry we receive, concerns a post judgment custody issue where someone wants to prove or allege the other parent is “unfit.” The idea is they want to obtain primary placement of the children, and in many cases, also involves pre-judgment matters. How do you go about proving…
February 4th, 2019

When do “variable costs” apply in Wisconsin?

What are "variable costs?"  Wisconsin DCF 150 (29) defines "variable costs" as the reasonable costs above basic support costs incurred by or on behalf of a child, including but not limited to the cost of child care, tuition, a child's special needs, and other activities that involve substantial cost.   2. When do "variable costs"…
December 3rd, 2018

Different placement arrangements in Wisconsin

  There is an old saying that "one size fits all," but when it comes to placement of minor children in a  divorce, there are a myriad of different placement arrangements that might work for one family, and for the next family it could be a train wreck. What works for one, doesn't necessarily equate…
October 4th, 2018

When a woman is married and pregnant from another man.

Many times in family law cases, we see situations where a woman becomes pregnant while still married. The husband by law, is presumed to be the biological father of the child. It complicates the divorce. If either the mother or her husband raise the issue with the trial court that the husband may not be…
May 29th, 2018

Dismissing a divorce

  Every once in awhile, someone will file a divorce or legal separation and then change their mind about it. How does one properly go and dismiss a divorce or separation case that has been filed with the court? Voluntary notice of dismissal. If you haven't yet personally served your spouse, or if they have…
May 20th, 2018

Name on a birth certificate.

There probably isn’t a day that goes by where I read a question posted on Avvo or Lawyers.com or we receive at our web site, about placing the father’s name on a child’s birth certificate to determine that they are the father. We are obviously talking about a situation here where the child is born…
May 16th, 2018

Bringing false charges of abuse in a divorce

It has happened numerous times in my career, that at the onset of a divorce action, one of the parties is accused of abuse, whether it be domestic violence against their abuse, or in some cases, child abuse. These allegations are brought contemporaneously with the divorce or separation filing, usually to get an upper hand…
May 1st, 2018

Who gets the Diamond Ring?

When getting a divorce, who gets to keep the diamond engagement/wedding ring? When a couple are engaged and do not get married, in Wisconsin, the law is the ring gets returned to the person who bought it, irrespective of who broke off the engagement. The ring must be returned. What happens in a divorce case?…
March 27th, 2018

“I want 50/50 placement!”

We meet with a lot of individuals going through a divorce who come  into the office and advocate that they want "50/50 placement." To me, that is like nails on a chalkboard because it really tells us nothing. It is particularly annoying when they make the same advocacy to the guardian ad litem and/or the…
March 22nd, 2018

What to expect at a divorce pre-trial conference?

On some of the law related web sites, such as AVVO and Lawyers.com, individuals going through a divorce not represented by attorneys, frequently ask what is a pre-trial conference and what is going to happen at the pre-trial? When  and how scheduled? The pre-trial conference is typically scheduled following the 120 day statutory waiting period.…
March 21st, 2018

Can one attorney represent both parties in a divorce in Wisconsin? part 2

The other day I wrote a blog on whether one lawyer can represent both parties in a divorce case. The traditional view has been that the attorney cannot do so as it is an inherent conflict of interest. I subscribe to the traditional view. However, there is a countervailing view under the new Wisconsin's limited…
March 7th, 2018

Waiver of 6 month waiting period for remarriage in Wisconsin

Periodically,  I am asked, if there is a way to waive the statutory 6 month waiting period in Wisconsin before one can get remarried. The law basically states that if you are divorced in Wisconsin, you cannot remarry anywhere in the world for a period of 6 months, and if you should do so, the…
January 19th, 2018

Release of medical records in a custody battle.

The other day I wrote a blog on the physician- patient privilege in Wisconsin, and under what circumstances it can be waived. One of those circumstances under Wisconsin law does not cover when parties are contesting custody of their minor children. So, the question becomes what is a party required to do when the court…
October 24th, 2017

Recorded Telephone Conversations in Wisconsin

An interesting question is whether someone can record a telephone conversation in Wisconsin and then use that as evidence in a courtroom as part of going through a divorce or separation case? Wisconsin is a  "one party"  wiretap state. It is not necessarily illegal to wiretap or record someone, without their knowledge or consent. Whether…
October 18th, 2017

Court Sanctions in Wisconsin

Sometimes litigants going through a civil matter, do not understand the significance of complying with court orders or rules and laws that govern pre-trial matters. There is a duty to cooperate with discovery under Chapter 804; that means timely complying with discovery requests, such as written interrogatories, that must be answered under oath within 30…
August 30th, 2017

Buying a new car in the middle of a divorce

Sometimes in the middle of a divorce, your car breaks down and you realize that it is time to replace that old junker and get a new car. Can you do that in the middle of a divorce? If so, is it marital property? Can you take a loan out on the car? What happens…
April 10th, 2017

Admission of Personal Service

The other day I discussed whether it mattered who filed first. In most cases it routinely does not, but if the parties are separated and living in different counties, or different states, it can certainly matter, and where minor children are involved, can affect jurisdiction of the court to proceed. When filing for divorce in…
April 5th, 2017

Waiver of Maintenance in Wisconsin

You are going through a divorce, and the proposed marital settlement agreement calls for a waiver or termination of maintenance payments at the time of the granting of the final divorce. You are not sure what that means, and whether you should waive or not. First off, what is maintenance? Maintenance is the right to…
March 27th, 2017

Lawyer Response Time

I take a lot of phone calls from people looking to replace their current lawyer and the number one complaint seems to be that their lawyer never calls them back. No one likes being ignored. What exactly should the response time be back from your lawyer? What is reasonable? What are your own expectations? What…
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