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Helpful Articles: Before A Divorce

What you need to know and do before a divorce

March 2nd, 2017

Using a GPS tracking device on your spouse; Is it against the law in Wisconsin.

You think your spouse may be cheating on you and you don't feel like spending thousands of dollars by hiring a private investigator to follow them around to prove it. Instead, you think of placing a GPS tracking device on your spouse's car. By doing that you can track their every move, see where they…
January 23rd, 2017

Pre-Marital Assets; exempt under Wisconsin law?

I have been getting a lot of questions and inquiries lately on how pre-marital assets are treated in a divorce case under Wisconsin law. Are the assets exempt from property division or are they divisible under Wisconsin law? All property in a divorce case in Wisconsin, whether acquired before the marriage or during the marriage…
January 4th, 2017

Is Wisconsin a 50/50 state for divorce?

It is surprising that most people don't know the answer to this question. We are frequently asked the question and the answer is yes. Wisconsin, since 1977, has been a marital property law state when it comes to a family getting a divorce or legal separation in Wisconsin. This means that there is a legal…
December 15th, 2016

Does a birth certificate establish paternity in Wisconsin?

The answer to the headline to today's blog is no, at least not under Wisconsin law. This is a frequently asked question where people believe that if a person's name goes on the birth certificate, that legally establishes the person as being the biological father. This is legally incorrect. There are two ways that paternity…
November 27th, 2016

Contesting a restraining order

Your spouse or former significant other has threatened to go to the courthouse and obtain some type of restraining order against you. Is there any way to prevent them from doing so, or to fight the matter in court? You can't really prevent someone from access to the courthouse if they want to pursue a…
June 11th, 2016

Waiver of the 120 day waiting period in Wisconsin

I am a huge  Tom Petty & the Heartbreakers' fan and they have a song entitled, "The Waiting (is the hardest part)."  What  I really want to focus on in today's blog,  is the fact that under Wisconsin law, an individual has to wait 120 days before they can be divorced and under what circumstances,…
May 31st, 2016

Calling the police?

We are frequently asked on family law matters, should the person call the police? It many times involves visitation disputes, and sometimes property disputes. The general answer I give is no, because in most cases, I don't find that the police will intervene, since no crimes have been committed, and many times, the police inform…
April 23rd, 2016

Can Marriage Feel Like Slavery?

Tonight, Jewish people around the world celebrate Passover. The Passover story is based on the chapter of Exodus from the bible. It tells the great story of how God saw the Hebrews who were enslaved by the Egyptians and their great suffering. God intervened and revealed himself to Moses to go back to Egypt and…
February 2nd, 2016

Failure To Serve On Time

I received a question from a prospective client the other day on what to do about their divorce case. It seems that they filed, and either forgot or failed to follow through with proper service as required under Wisconsin law. Under sec. 801.02 (1) of the Wisconsin Statute, all papers must be served within 90…
January 30th, 2016

Can You Secretly Divorce Your Spouse?

In an interesting story out of New York City this past week, a woman who is 59 years old, is suing her husband, who is 90 years old, after being married for over 20 years, after he secretly divorced her, just a few short months after they were initially married. The reason the husband claims…
August 12th, 2015

What Are My Rights When It Comes To Cohabitating?

When a couple live together without the benefit of being married, in a cohabitation, non-marital relationship, they are not afforded the protection of the family code, under Chapter 767 of the Wisconsin Statutes. Wisconsin does not recognize common law marriages. This means that you cannot receive spousal support, and there is no presumptive 50/50 property…
August 4th, 2015

Statute of Limitations on Divorce Judgments?

Very few people realize that there is a statute of limitations in Wisconsin for enforcing a judgment. While applicable in civil judgments, it is also also applicable in family law cases. If you have any issues with your divorce case that either need modification or enforcement, if you fail to act by filing a motion…
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