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Helpful Articles: Before A Divorce

What you need to know and do before a divorce

March 30th, 2021

When can we legally sell or refinance the house in a divorce?

The Answer Depends on Your Goals (and Your Relationship with your Spouse). Whether or not you sell or refinance your house will depend on several considerations: Does one of you want to keep living in the house? Can that person afford the house on his or her own? How good is your credit? Can you…
March 30th, 2021

Is it illegal to change locks during a divorce?

No. It is not illegal to change the locks . . . however, it can get complicated. Changing Locks During Separation or Divorce Legal Separation and Divorce are virtually the same in Wisconsin. They both legally end a marriage and the legal process is nearly identical for both. Therefore, this article applies equally to legal…
March 22nd, 2021

What Happens With Stimulus Payments in a Divorce?

Are you and your spouse living apart? Are you wondering where your stimulus check will land? What happens if your spouse takes your check? And do parents have to share stimulus money received for the children? Why did we each get stimulus checks for the same child? Learn the answers to these questions and more!…
February 22nd, 2021

What Happens to an Adopted Child During (and After) a Divorce?

The Same Thing as a Biological Child. Did you and your spouse adopt a child? Did you adopt your stepchild and make him your own? Are you worried that adopted children may be treated differently in a divorce? Parents of adopted children need not fear! Read on for reassurance about how your relationship with an…
January 25th, 2021

Child Custody vs. Child Placement: What is the Difference?

Custody and Placement are two family law concepts that are often confused or used interchangeably. However, they are very different and are, in some ways, not even related! In Wisconsin, child custody refers to the right of a parent to make major decisions for the child. Major decisions include such things as consent to marry,…
January 22nd, 2021

Why Should I Hire a Lawyer to Handle My Divorce?

. . . For all the same reasons you should hire a surgeon to perform your surgery. In some ways, hiring a lawyer versus representing yourself is like the difference between plastic surgery with a scalpel and plastic surgery with a chain saw. A skilled divorce lawyer can help divide your marital estate and time…
January 8th, 2021

How Long Does It Take to Get a Divorce?

A Minimum of Four to Six months (or More). It takes a long time to get divorced in Wisconsin. In fact, it takes longer in Wisconsin than in almost any other state. This is because Wisconsin has a mandatory 120-day “cooling off” period between the time a divorce is filed and the time it can…
August 3rd, 2020

Do I Need a Prenuptial Agreement?

Before you and your fiancé say your “I do’s”, it may be in your best interests to consider signing a prenuptial agreement. While no one likes to think about the possibility of divorce, especially before you’ve even wed, the truth is that forever is a long time, and there is no guarantee or requirement that…
June 16th, 2020

What Is A Contested Divorce?

Contested Divorce: When Couples Can't Agree Couples often get divorced when they can agree only one on thing: that they don’t want to be married anymore. However, there are many decisions that go into the dissolution of a marriage. A contested divorce is a divorce in which the court makes these difficult decisions for you…
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…
July 20th, 2019

What To Do If You Cannot Afford a Divorce Lawyer

[caption id="attachment_7172" align="alignleft" width="300"] David B. Karp[/caption] A frequently asked question when going through a divorce is what to do if you need an attorney, but cannot afford one. What are the alternatives and where can one find help? 1. Pubic Defenders - Some people are under the misconception that if they cannot afford an…
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"…
August 3rd, 2018

Wisconsin Adultery Laws

Learning that your spouse has been unfaithful to you can be a painful shock. That can be especially true if you have children or if you’ve been married for an extended time. As such, you might seek out help determining what to do about their infidelity. You’ll need to understand Wisconsin adultery laws, first, so…
July 3rd, 2018

Finding the right divorce lawyer

  I have written previous blogs about how one goes about to find a divorce lawyer. Today's topic is about finding the right lawyer for you in a family law case. You need to have a mindset from day one, about what type of a lawyer you are looking for. Are you looking for a…
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…
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…
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…
December 13th, 2017

Can you sue your spouse for cheating in Wisconsin?

From a Practical Perspective, No. Wisconsin used to have a law against “alienation of affection.” This allowed a party to sue anyone thought to be responsible for the breakup of their marriage--including therapists, clergy members, or mothers-in-law. Under this statute, the victim of adultery could even sue his or her spouse’s paramour. However, that statute…
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…
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…
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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Waukesha – N19 W24400 Riverwood Dr Suite 350, Waukesha, WI 53188

Kenosha – 1213 55th Street Suite 101 Kenosha, WI 53140

Appleton – 5497 W Waterford Ln Suite E Appleton, WI 54913

West Bend18 E Washington St. Suite B West Bend, WI 53090

Madison – 811 E Washington Ave. Suite 418, Madison, WI 53703

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