Does Wisconsin Recognize Common Law Marriage? No, Wisconsin does not recognize common law marriage; it was formally abolished by the state in 1917. Regardless of how many years a couple lives together or whether they present themselves as a married couple, they are not legally married under Wisconsin law. However, while common law marriage does…
Pre 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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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….
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Divorce and Mental Health: What Are The Four Behaviors Of Divorce?
The emotional aspect of divorce can be complicated, especially when mental health issues are involved. Here’s how to handle these situations carefully. What Are the Four Behaviors of Divorce and What Are the Four Behaviors That Can Predict Divorce? Mental health can play a significant role in divorce, especially if one spouse is struggling with…
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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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What Is CS in Divorce?
Child support, custody, and spousal maintenance (alimony) are some of the most emotional aspects of a divorce. Child support, often abbreviated as “CS,” refers to the financial payments made by one parent to the other to help cover a child’s living expenses. Here’s a closer look at how these matters are determined in Wisconsin and…
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What Is the Biggest Mistake in a Custody Battle?
Custody battles can be emotionally charged, and the decisions made can affect both the parents and the children for years to come. Here’s an in-depth look at common mistakes, the best approaches to custody disputes, and the actions that could harm your case. The Biggest Mistakes Parents Make in Custody Battles One of the biggest…
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How Do I Protect Myself Before Divorce?
Preparing for divorce isn’t just about filing papers; it’s about protecting your finances, understanding the emotional toll, and making sure you have the right legal support. Getting informed early helps you make decisions that safeguard your assets and set you up for a smoother transition. Here’s what you need to do to protect yourself before,…
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What Money Cannot Be Touched in a Divorce?
Understanding what money and assets are protected in a divorce is critical if you want to avoid losing property that may be legally exempt from division. This article breaks down what money and property cannot be touched in a divorce, how those protections can be lost, and what steps you can take to help protect…
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Cheapest and Quickest Ways to File for Divorce in Wisconsin
Divorce can be expensive and time-consuming, but there are options that might save you money and speed up the process. Here’s a breakdown of what you need to know to make it as affordable and efficient as possible. What’s the Cheapest Way to File for Divorce? The cheapest way to file for divorce is to…
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What Do You Divide in a Divorce? A Guide to Marital Assets
Dividing property in a divorce can be a complicated process. It’s crucial to understand what counts as marital property, what is exempt, and how assets and debts are split. Here’s what you need to know. What Is Marital Property: What Money Cannot Be Touched in a Divorce? In a divorce, marital property generally includes assets…
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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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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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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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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 accessing the courthouse if they want to pursue a restraining…
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Failure To Serve On Time
What is the law with requiring you to serve your spouse when getting a divorce and what happens if you fail to serve within the statutorily prescribed time? .The answer lies at sec. 801.02 (1) of the Wisconsin Statute, where all papers must be served within 90 days of filing. Sec. 801.02 (1) reads as…
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Can You Secretly Divorce Your Spouse?
In an interesting story out of New York City several years ago, a woman who was 59 years old, sued her husband, who was 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 to…
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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 this 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…
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Pre-Marital Assets; exempt under Wisconsin law?
Our office receives a number of questions and inquiries on how pre-marital assets are treated in a divorce case under Wisconsin law. Are pre-marital assets exempt from property division, or are they divisible under Wisconsin law? TL;DR Summary of Pre-Marital Assets: Exempt Under Wisconsin law? In Wisconsin, all property owned by either spouse, including assets…
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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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