BEST Guardian Ad Litem Home Visit Checklist What Not to Say to a Guardian Ad Litem and What to Expect the First Time You Meet A Guardian ad Litem investigation typically occurs when the parties involved are unable to reach an agreement on custody or placement decisions for their children. When the parties cannot resolve…
Posts by David Karp
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 a woman is married and pregnant from another man.
Many times in family law cases, we see situations where a woman becomes pregnant while still married. The husband by law, is presumed to be the biological father of the child. It complicates the divorce. If either the mother or her husband raise the issue with the trial court that the husband may not be…
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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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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 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…
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Is it illegal to change locks during a divorce?
No. It is not illegal to change the locks . . . however, it can get complicated. Changing Locks During Separation or Divorce Legal Separation and Divorce are virtually the same in Wisconsin. They both legally end a marriage and the legal process is nearly identical for both. Therefore, this article applies equally to legal…
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Who Gets the Dog in a Divorce?
You’ve heard of unhappy couples “staying together for the children,” but what if those “children” are fur babies? Some pet parents care as much for their animals as other parents do for their human children. But is there such a thing as “pet custody?” Who gets the dog in a divorce? Read on to find…
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Child Custody vs. Child Placement: What is the Difference?
Custody and Placement are two family law concepts that are often confused or used interchangeably. However, they are very different and are, in some ways, not even related! In Wisconsin, child custody refers to the right of a parent to make major decisions for the child. Major decisions include such things as consent to marry,…
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How Does the Court Decide the Custody and Placement of Children?
Karp & Iancu S.C. explains the factors a court or Guardian ad Litem considers when determining placement and custody of a child and helps you understand which factors might be most important in your case. From the concept of joint decision-making to the goal of maximizing time with each parent, keep reading to learn how…
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May a Woman Use Her Former Surname After Divorce?
Find out who is eligible for a name change upon divorce, how to change your name, and what your spouse can do to stop you. Also learn whether you can force your spouse to stop using your last name and what statute applies to name changes at the time of divorce. Yes. At the time…
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The Importance of a Financial Disclosure Statement
When going through a divorce or legal separation, one of the most important documents you will need to complete is a financial disclosure statement under oath. In Wisconsin, there is a strong emphases on the importance of this financial disclosure statement, which is to be completed by both parties on an annual basis. Financial Disclosure…
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Annual Exchange of Financial Information in Wisconsin
Over the last few days, I have fielded a number of questions dealing with the law in Wisconsin that requires an annual exchange of financial information when divorced with children. Many don’t even know the law exists, or there is a such a requirement. Others ask me, what is the due date for the exchange?…
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What Is A Contested Divorce?
Contested Divorce: When Couples Can’t Agree Couples often get divorced when they can agree only one on thing: that they don’t want to be married anymore. However, there are many decisions that go into the dissolution of a marriage. A contested divorce is a divorce in which the court makes these difficult decisions for you…
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Child Support: How Do You Calculate Income?
I was asked the other day when computing child support, what should you be looking at? Should you be looking at current income, last year’s income, year to date income, or some combination of all the above? What is the most accurate portrayal of a person’s income for purposes of calculating child support? Where to…
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When can you request a change in Custody in Wisconsin?
We take numerous inquiries day in and day out from individuals who have gone through a family law case and are interested in changing custody. How does one go about it? Are there time restricitions for doing so? What is the burden of proof? What type of evidence does one need to modify the existing orders?…
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150 miles or 100 miles? Which Wisconsin law applies?
I receive a fair number of phone calls and on line inquiries about what a person is required to do to move away following a divorce. What notice is required? Do I have to file a motion? What reasons do I need to move? How long will the process take? How much will it cost?…
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When does a divorce agreement become binding?
There is a fair amount of misconceptions about the legalities of agreements when going through a divorce. Today’s blog, tackles some of those myths and resolves the question when and how 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…
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How to prove a parent is “unfit.”
Almost every other phone call or on line inquiry we receive, concerns a post judgment custody issue where someone wants to prove or allege the other parent is “unfit.” The idea is they want to obtain primary placement of the children, and in many cases, also involves pre-judgment matters. How do you go about proving…
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When do “variable costs” apply in Wisconsin?
Navigating the complexities of divorce in Wisconsin can be emotionally and financially challenging. Understanding the concept of ‘variable costs’ is crucial for anyone facing this life transition. While the average cost of divorce in Wisconsin can vary significantly, understanding how variable costs factor into the equation is essential for making informed decisions. What are “variable…
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Can you get your own Guardian ad litem appointed?
Interestingly, over the last few days, several people have asked me the same question; that is, can you get your own guardian ad litem appointed, or bring some other person to court for your child as their guardian ad litem? The answer under Wisconsin law is “no.” The court appoints the guardian ad litem. Whenever…
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