Divorce doesn’t always have to be a battle. In some cases, it can be a peaceful and amicable process. Here’s how to work toward that ideal outcome. What Does a Peaceful Divorce Look Like? A peaceful divorce is one where both parties agree on major issues such as property division, custody arrangements, and child support…
Divorce
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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Navigating Custody Battles: What to Do (and Not Do) in a Custody Battle
Custody battles are often the most challenging part of a divorce, especially when emotions run high. In our interview, we discussed some of the most important dos and don’ts when it comes to fighting for custody of your children. Here’s a breakdown of that advice. The Importance of Co-Parenting: A Must for Custody Battles One…
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Release of medical records in a custody battle.
When is a party required to release their medical records when going through a divorce where custody and/or placement of the parties’ minor children is being contested? The general answer is that medical records are privileged and confidential and a person cannot be forced to release their medical records without their consent. There are some…
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Who gets the Diamond Ring?
When getting a divorce, who gets to keep the diamond ring? When a couple are engaged and do not get married, in Wisconsin, the law dictates that the ring gets returned to the person who bought it, irrespective of who broke off the engagement. The ring must be returned. What happens to the diamond ring…
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When 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 enforceable in court. Notarized agreements. Agreements parties may reach in writing and run off and get notarized are also not legally binding in a divorce case. Written Agreements not sent in as a court order. Where…
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Reconciliation in the middle of a divorce case.
While it doesn’t happen all that often, sometimes a couple has second thoughts in the middle of the case about proceeding with a final divorce hearing. So, what can you do if you have second thoughts in the middle of the divorce and want to try to reconcile? There are essentially two ways to go…
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Divorce Maintenance (Alimony) in Wisconsin—Waiving vs Holding Open
When Is It Right to Waive Maintenance? Short answer: It depends on your length of marriage, age, health, income disparity, and ability to support yourself long-term. Table of Contents When Is It Right to Waive Maintenance? How Long Do Terms of Maintenance Last? Waived vs. Held Open Maintenance Two Things to Remember Before You Make…
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Child Relocation in Wisconsin – 150 miles or 100 miles? Which Wisconsin law applies?
There are laws that apply to removing children away from the other parent. During the divorce case, there is a prohibition on moving the children more than 100 miles away from the other parent. Once divorced, there is also a statutory prohibition on removing the children more than 100 miles from the other parent. The…
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Lawyer Response Time
We take a number of phone calls from people looking to replace their current lawyer and their 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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Can My Lawyer Drop My Case If I Don’t Pay?
TL;DR Summary for Can My Lawyer Drop My Case If I Don’t Pay? Non-payment consequences: If you stop paying your divorce lawyer, they can legally drop your case. Reasons for dropping a client: Lawyers have bills to pay and cannot continue working without compensation. Legal process for withdrawal: Lawyers must notify you in advance, provide…
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What to expect at a divorce pre-trial conference?
TL;DR Summary for Expectations at Divorce Pre-Trial Conference Pre-trial conference happens after a 120-day waiting period. Scheduled by the court or requested by filing papers, depending on the county. If both parties agree on all terms, divorce can be finalized at pre-trial. If no agreement, court reviews contested issues and sets deadlines for actions (e.g.,…
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Can one attorney represent both parties in a divorce in Wisconsin? part 2
It has long been the understanding of family lawyers that one attorney cannot represent both parties in a divorce or legal separation action The traditional view has been that the attorney cannot do so as it is an inherent conflict of interest. However, there is a countervailing view under the Wisconsin’s limited scope rules where…
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Motion De Novo Hearings in Wisconsin
We receive numerous questions regarding Motions De Novo? What are they? What is the timeline for appealing? Are you limited on appeal to only those issues that were raised at the first hearing, or can the court consider other issues or new issues that arise? Can the trial court refuse to do a de novo…
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Admission of Personal Service
When filing for divorce in Wisconsin, the initial papers must be personally served on the other spouse within 90 days of the filing date. You cannot do it as a party to the case, but an adult can serve the papers on your spouse. It is usually better to have the sheriff of the county where you…
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Can I Have the Guardian ad Litem Removed From the Case?
TL;DR Summary for Having the Guardian ad Litem Removed from the Case If you’re unhappy with the guardian ad litem (GAL) appointed in a custody battle, you can request a status hearing after 120 days to review their actions. Removing a GAL is difficult, as Wisconsin law grants them quasi-judicial immunity. The GAL’s role is…
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When do “variable costs” apply in Wisconsin?
TL;DR Summary for When do “variable costs” apply in Wisconsin? What are variable costs?: These are reasonable costs above basic child support, including expenses for child care, tuition, special needs, and other substantial activities. When do variable costs apply?: They apply when parents have split or shared physical placement of the child. How are variable…
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Bringing false charges of abuse in a divorce
Periodically, when involved in a custody dispute while going through a divorce, one of the parties raises issues of abuse, whether it be domestic violence against their spouse or, in some cases, child abuse. These allegations are brought contemporaneously with the divorce or separation filing, usually to get an upper hand on custody of the…
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Failure to File a Financial Disclosure Statement in Wisconsin
You are involved in a divorce, and your spouse has decided to go at it alone without a lawyer. While they have a right to do that, they also at the same time, must comply with the laws and procedures under the family code, chapter 767 of the Wisconsin Statutes. One of those requirements is…
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When does child support start when divorcing in Wisconsin?
You have filed for divorce and requested child support in your initial petition for divorce, but no one has explained exactly how you go about receiving child support. How do you go about receiving child support? How is the amount determined? When does it start? Does your spouse pay it to you or the employer?…
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Financial Disclosure Statements in an Uncontested Divorce
Can You Finalize an Uncontested Divorce Without Financial Disclosure? No. In Wisconsin, you generally cannot finalize a divorce without financial disclosure. Under Wisconsin Statute § 767.127, each party must file a Financial Disclosure Statement (Form FA-4139 V) listing all income, assets, debts, and liabilities—even in uncontested divorces. If you fail to disclose fully or timely,…
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