Divorce

  1. Why Moving Out Too Soon Before Divorce Can Backfire

    When a marriage begins to break down, one of the first impulses many people have is to move out of the family home. It might seem like the easiest way to reduce conflict, get space, or start fresh. However, moving out before a divorce is finalized can have serious consequences, especially when children are involved….

  2. Why People Really Get Divorced – Unhappiness, Cheating, and In-Laws

    Every marriage faces challenges, but for some couples, those challenges become too difficult to overcome. While every relationship is unique, patterns emerge when you talk to people going through divorce. As family law attorneys, we hear the same themes repeatedly—unhappiness, infidelity, and interference from extended family. These are not just passing frustrations; they are often…

  3. Proving You’re a Capable Parent in Court: What Judges Really Look For

    When a custody dispute reaches the courtroom, emotions run high, and both parents often feel the need to prove that they are the better parent. The truth is, Wisconsin courts are not interested in who is the “better” parent in a subjective sense. They want evidence that both parents can meet their child’s needs and…

  4. How Fathers Can Improve Their Chances of Custody

    When a father walks into my office worried about losing time with his children, I understand his concern completely. There’s a long-standing assumption that mothers have an advantage in custody cases, but that belief is outdated. Wisconsin law doesn’t favor mothers over fathers; it favors what’s in the best interests of the child. That means…

  5. What Percentage of Fathers Win Custody and Why the Playing Field Is Changing

    For generations, fathers entering custody disputes have feared an uphill battle. Many walk into court assuming the mother will automatically receive primary custody and that their role will be limited to weekend visits or child support payments. While that perception was once grounded in reality, it no longer reflects the truth of how family law…

  6. Do Mothers or Fathers Get More Custody? Understanding Wisconsin’s 50/50 Standard

    When parents separate, one of the most pressing and emotional questions is, “Who gets more custody—the mother or the father?” For years, many assumed that mothers automatically had the advantage. But as Wisconsin family law has evolved, that belief no longer reflects reality. At Karp & Iancu, we’ve seen firsthand how the courts have shifted…

  7. Should You Fight for Full Custody? How to Know When It’s Worth It

    When emotions run high during a divorce or custody dispute, it is natural for parents to want full control over their child’s care. Hurt feelings, anger, or a sense of injustice often lead parents to believe that fighting for full custody is the only way to protect their child or gain closure. But in many…

  8. Co-Parent Harassment: When Conflict Crosses the Line and What to Do About It

    When parents separate or divorce, they often imagine that co-parenting will get easier with time. In reality, some conflicts only begin after the court orders are in place. While disagreements are expected, there is a point where constant hostility, name-calling, or excessive communication becomes something more serious. That is when ordinary conflict turns into co-parent…

  9. How Does the Court Decide the Custody and Placement of Children?

    How is Child Custody Determined in Wisconsin? In Wisconsin, child custody and placement are determined based on the “best interest of the child” standard. Under Wisconsin Statute § 767.41, courts begin with a legal presumption favoring joint legal custody, meaning both parents share major decision-making authority. Courts evaluate specific factors, including the child’s wishes, the…

  10. 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…

  11. 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…

  12. 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…

  13. 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…

  14. 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…

  15. 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…

  16. 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…

  17. 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…

  18. 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.,…

  19. 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…

  20. 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…