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…
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:
-
Simultaneous divorce filings
Every once in awhile, both parties will file for divorce at the same time. Does it matter? Which county? What if the parents live in different states? How is jurisdiction determined? What about if their are minor children involved? Generally, if both parents live here in Wisconsin and file for divorce, it is not really…
-
Failure to exercise placement under Wisconsin custody laws
Under what authority can someone attempt to modify physical placement, based on the fact that one parent repeatedly and unreasonably fails to exercise their court ordered placement time with the minor children? This is not as uncommon a problem as you might expect. If you are the primary parent and have concerns when the other…
-
De Novo Hearings in Wisconsin
We are asked many times if a person has a right to appeal a decision they disagree with from a contested family court commissioner hearing on their divorce or family law matter. The answer is yes, you do. The applicable statutory section falls under sec. 767.69 (8) and reads as follows; “Any decision of a…
-
Does a divorce court need to approve a settlement agreement?
Someone posted a question at the one of the “ask lawyer” web sites whether the court has to approve a settlement agreement? Apparently, in a divorce, with both parties pro se, the parties had attempted to go into court to have their final marital settlement agreement approved so that they can could be divorced, and…
-
What Happens if a Woman is Pregnant in the Middle of a Divorce
It happens every so often, that a woman going through a divorce will get pregnant. This is particularly important because it raises the following issues; (1) Will the court allow the divorce to be completed while the woman is pregnant? (2) Is there a legal presumption that the husband is the father? (3) What happens…
-
Substitution of Judge under Wisconsin law
Did you know that if you are going through a divorce, and you don’t like a particular judge assigned to your case, that you have the right to substitute the judge? Well, you do, with some limitations. You also don’t get to pick the new judge assigned the judge, you only have the right to…
-
How to Reconcile during the divorce
In Wisconsin, there are two ways that a couple can try to reconcile during the divorce process. The first way, and the one that I routinely recommend to my clients who inquire about reconciling, is to enter into a 90 day agreement to put the divorce on hold while the parties work on their marriage….
-
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…
-
Selling off property in the middle of a divorce
Someone asked me the other day if you need money, can you start selling off property in the middle of the divorce? The answer is generally no, as there is a statutory prohibition for doing so, once the divorce is filed. There are some exceptions and I will cover those as well. WI STAT. 767.117…
-
Why Living With Someone In The Middle Of The Divorce Is Dangerous
I am many times asked, “is it o.k. if I move in with my new boyfriend/girlfriend, while the divorce is pending?” The answer depends on whether you have children or not, and if there are no minor children, that you aren’t making a request on spousal support (maintenance), as it may affect both. Let’s deal…
-
Can I Have the Guardian ad Litem Removed From the Case?
You are involved in a bitter custody battle as part of your divorce case. You are advocating for primary placement of the children with your spouse to have visitation rights; your spouse is advocating that there should be an equal placement arrangement. You went to mediation and it was a shouting match between you and…
-
Can My Lawyer Drop My Case If I Don’t Pay?
A frequently asked question, and an all to frequent occurrence, is a client who is in the middle of a divorce, and has stopped paying attorney’s fees. There are usually two reasons why a client stops payment to the attorney; 1. They simply don’t have the money and can’t afford to pay or 2. They…
-
Can You Buy A House In The Middle Of A Divorce?
Is there a prohibition on buying a house before the divorce is completed? We know there is a statutory prohibition on selling, disposing, or giving away any marital property in the middle of the divorce without the consent of the other party or by further order of the court, absent it being done in the…
-
Dating Before a Divorce is Final in Wisconsin
Know Your Rights & The Risks The end of your marriage is finally in sight and you and your spouse have been separated for what seems like forever. Is it safe to start dating again while your divorce is pending? What happens when you start dating before your divorce is finalized? Read on, to find…
-
Divorce Maintenance (Alimony) in Wisconsin—Waiving vs Holding Open
When is it Right to Waive Maintenance? Short answer: Essentially it depends on your length of marriage, age, health, income disparity and the ability to support yourself long-term. At the very end of every divorce case (see all steps in the divorce process), there comes the time, typically during the negotiation of the final settlement…
-
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…
-
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…
-
How do you effect a reconciliation in the middle of a divorce?
While I don’t see a lot of people who are desirous of reconciling during the divorce process, it can happen, and ironically, has happened with some clients of mine over the last several weeks; that is what has triggered this to be the topic of my weekly blog. There are essentially two ways of dealing…