Can You Sue for Adultery in Wisconsin? No, you cannot sue for adultery in Wisconsin. You generally cannot file a civil lawsuit against your spouse or the person they had an affair with simply because of the adultery. Wisconsin no longer recognizes “alienation of affection” claims, which historically allowed a spouse to sue a third…
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:
-
Legal Custody vs. Physical Placement
What is Legal Custody VS. Physical Placement? When families go through a separation, one of the most confusing parts of the legal process is understanding the terminology surrounding children. People often hear the terms custody and placement used interchangeably, but in the legal world, they refer to two completely distinct concepts. Knowing the difference between…
-
Is Wisconsin a 50/50 state for divorce?
Is Wisconsin a 50/50 State for Divorce? One of the most common questions people ask when considering divorce is whether Wisconsin is a 50/50 divorce state. The short answer is yes, but that doesn’t mean every divorce ends with each spouse receiving exactly half of every asset. Wisconsin has been a marital property state since…
-
Wisconsin Birth Certificate Laws: Does a Birth Certificate Establish Paternity in Wisconsin?
Wisconsin birth certificate laws can raise several questions for unmarried parents, especially when it comes to establishing paternity, signing the appropriate forms, choosing the child’s last name, and adding the father’s name to the birth certificate. Although these issues are related, each one has a different legal meaning. Adding a name to a birth record…
-
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…
-
Wisconsin Divorce Settlement: Understanding the Statute of Limitations
A common question for those seeking to recover assets is whether there is a statute of limitations on divorce settlement enforcement in Wisconsin. While many assume that a court order remains valid forever, Wisconsin law applies specific deadlines to different types of family law actions. Generally, there is no immediate statute of limitations for enforcing…
-
What Are My Rights When It Comes To Cohabitating?
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…
-
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….
-
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…
-
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…
-
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…
-
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…
-
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,…
-
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…
-
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…
-
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…
-
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…
-
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…
-
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…
-
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…
Featured Review of
Karp & Iancu, S.C. Family & Divorce Lawyers
by Douglas T. on Google
"The representation by Karp & Iancu that I received was very helpful to guide me through the difficult passage from marriage to divorce. I would highly recommend retaining Karp & Iancu as they were able to provide highly valuable information and guidance to reach an amicable settlement with my spouse."
We’re Proud of Our 5.0 Rating Across 400+ Reviews on Google