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…
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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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. In Wisconsin, finalizing a divorce…
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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 promptly,…
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Understanding The Stress of Divorce & Connection to Oral Health
Divorce is a highly stressful life event, and its emotional toll can have significant physical effects on health, particularly oral health. One such impact is bruxism, more commonly known as teeth grinding or jaw clenching. This occurs when individuals unknowingly grind or clench their teeth, often during sleep or times of heightened stress. Emotional stress…
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Waiver of Maintenance in Wisconsin
You are going through a divorce, and the proposed marital settlement agreement calls for a waiver or termination of maintenance payments at the time of the granting of the final divorce. You are not sure what that means, and whether you should waive or not. TL;DR Summary for Waiver of Maintenance in Wisconsin What it…
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How to dismiss a divorce case in Wisconsin.
TL;DR Summary of How to dismiss a divorce case in Wisconsin If your spouse has not yet responded to the divorce filing, you can dismiss it by filing a “notice of voluntary dismissal” with the court. If your spouse has already responded, you must both agree to dismiss the case with a formal “stipulation” or…
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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. TL;DR Summary of Substitution of Judge under Wisconsin Law You have a one-time right to request a substitute…
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How to File for Divorce in Wisconsin: A Step-by-Step Guide
A Guide Through the Divorce Process in Wisconsin Deciding to file for divorce can be an emotionally challenging decision. The process of initiating divorce proceedings and handling the associated paperwork can also be overwhelming. In this guide, we aim to demystify the process and provide you with a clear step-by-step overview of how to file…
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Child Custody vs. Child Placement: What is the Difference?
Understanding Custody vs. Placement in Wisconsin Family Law Custody and placement are two key concepts in family law that are often misunderstood or used interchangeably, but they are fundamentally different and, in some cases, not even related! Understanding the distinction between them is crucial, especially in the context of Wisconsin family law. What is…
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Legal Separation vs. Divorce In Wisconsin
What is Legal Separation in Wisconsin? A Legal Separation in Wisconsin is different than simply living apart. Physically separating is not the same as legally separating. If you physically separate without taking any further legal action, you remain legally married and will continue to enjoy (or suffer) all the rights and responsibilities that come with…
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How to Navigate Divorce: A Guide to Compassionate and Effective Representation
Why Divorce is Our Bread and Butter At Karp & Iancu, S.C., divorce cases account for more than two-thirds of our caseload. These cases are often intertwined with post-judgment work, such as modifying custody arrangements or enforcing court orders. Divorce is more than just a legal process—it’s a deeply personal journey, and our firm takes…
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Why Living With Someone In The Middle Of The Divorce Is Dangerous
TL;DR Summary for Why its Dangerous to Live with Someone in the Middle of Divorce Moving in with a new partner during a pending divorce can negatively impact both spousal support and child custody cases. If you’re requesting maintenance, cohabitating could lead to a denial of support. If you have minor children, introducing a new…
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Buying a new car in the middle of a divorce
Sometimes in the middle of a divorce, your car breaks down and you realize that it is time to replace that old junker and get a new car. Can you do that in the middle of a divorce? If so, is it marital property? Can you take a loan out on the car? What happens…
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Understanding the Role of a Guardian ad Litem in Wisconsin Family Court
If there is a custody or placement dispute involving your children during the divorce process, the court may appoint a Guardian ad Litem to perform an investigation and make a recommendation to the court. A Guardian ad Litem is an attorney who is appointed by the court to represent the children’s best interests—this is different…
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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…
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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 becomes 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 if…
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Law School Scholarships in Wisconsin
Scholarships for Current or Future Law Students from Wisconsin Karp & Iancu Law Firm Scholarship Karp & Iancu Law Firm, divorce lawyers in Wisconsin, is pleased to offer a scholarship for Wisconsin residents pursuing a legal education. This scholarship supports high school seniors in Wisconsin who plan to attend law school and Wisconsin residents…