What is Legal Separation in Wisconsin? A Legal Separation in Wisconsin is different than simply living apart. Physically separating is not the same as legally separating. If you physically separate without taking any further legal action, you remain legally married and will continue to enjoy (or suffer) all the rights and responsibilities that come with…
Parenting & Kids
Articles categorized by what phase of divorce you're currently experiencing:
Articles categorized by topic and areas of your life most affected by a divorce:
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Common Questions a Guardian ad Litem Will Ask You and Your Child
BEST Guardian Ad Litem Home Visit Checklist What Not to Say to a Guardian Ad Litem and What to Expect the First Time You Meet A Guardian ad Litem investigation typically occurs when the parties involved are unable to reach an agreement on custody or placement decisions for their children. When the parties cannot resolve…
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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…
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Understanding the Role of a Guardian ad Litem in Wisconsin Family Court
What Is The Purpose Of Guardian ad Litem In Wisconsin Family Court? If there is a custody or placement dispute involving your children during the divorce process, the court may appoint a Guardian ad Litem to perform an investigation and make a recommendation to the court. A Guardian ad Litem is an attorney who is…
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Law School Scholarships in Wisconsin
Law School Scholarships for Wisconsin Residents Scholarships for Current or Future Law Students from Wisconsin Karp & Iancu Law Firm Scholarship Karp & Iancu Law Firm, divorce lawyers in Wisconsin, is pleased to offer a scholarship for Wisconsin residents pursuing a legal education. This scholarship supports high school seniors in Wisconsin who plan to…
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The Importance of Hiring a Family Law Attorney in Milwaukee
People often ask, “Do I even need to hire a Milwaukee divorce lawyer?” The short answer is, “no.” However, you also don’t need to hire an obstetrician to deliver your baby. Nature will take its course with or without the doctor there. But sometimes it is nice to have someone who can intervene when there…
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Nesting: An Alternative Placement Arrangement
When most think of divorced families with children, they think of the children being shuffled to and from one parent’s house to the other. But there is another option–nesting arrangements. A nesting arrangement is when the children stay in the familial home and the parents rotate in and out depending on their placement schedule. A…
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Child Support: How Do You Calculate Income?
I was asked the other day when computing child support, what should you be looking at? Should you be looking at current income, last year’s income, year to date income, or some combination of all the above? What is the most accurate portrayal of a person’s income for purposes of calculating child support? Where to…
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When can you request a change in Custody in Wisconsin?
We take numerous inquiries day in and day out from individuals who have gone through a family law case and are interested in changing custody. How does one go about it? Are there time restricitions for doing so? What is the burden of proof? What type of evidence does one need to modify the existing orders?…
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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?…
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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…
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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…
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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 in…
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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 paid…
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Ex Parte Orders
Litigants going through a divorce have a perception that nearly everything about their case is “urgent” or an “emergency.” From the lawyer’s perspective and the court’s perspective, most of what the parties may feel is urgent or an emergency, rarely is. However, there are situations that truly are urgent and can be considered an emergency,…
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Challenging the Guardian ad litem
The other day I wrote about the nuts and bolts of how a guardian ad litem conducts their investigation. What happens when you finally receive the recommendation, but you don’t agree with it? Is there anything you can do to challenge the recommendation? There is a procedural challenge to either the investigatory work or recommendation…
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Revisions to Child support in Wisconsin
Effective July 1, 2018, there are changes to the child support laws in the state of Wisconsin. The standard for determining child support changed, including revising “variable costs” where parents have shared or equal placement of their children. Under the previous law, “variable costs” were defined as “the reasonable costs above basic support costs incurred…
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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…
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“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…
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Meeting with the guardian ad litem
I have written a number of recent blogs, focused on guardian ad litem issues. Today’s blog addresses the first interview with the guardian ad litem including what to expect and how to conduct yourself at the meeting. Let’s paint the picture first. You and your spouse are going through a divorce and cannot agree as…
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