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…
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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What Happens if a Married Woman Gets Pregnant by Another Man
Many times in complex and sensitive family law cases, we see situations where a woman becomes pregnant while still married. If a married woman gets pregnant by another man, the husband is typically presumed to be the legal father. This complicates the divorce and raises questions about financial responsibility, legal obligations, and parental rights. Can…
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Who Gets the Dog in a Divorce?
TL;DR Summary: Who Gets the Dog in a Divorce? Legal Classification: When navigating dogs and divorce in Wisconsin, pets are legally considered personal property. By default, courts approach dividing pets in a divorce the exact same way they divide vehicles or furniture. Private Agreements: Because pet owners view their animals as family, couples can create…
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Does a Child Decide Where They Want to Live in Wisconsin?
Does a Child Choose Who They Live With in Wisconsin? No. Under Wisconsin law, a child does not legally decide where they want to live until they turn 18 or graduate from high school. Until a child reaches the age of legal adulthood, parents must follow the existing court orders regarding custody and physical placement,…
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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…
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Filed for Divorce but Want to Reconcile in Wisconsin?
If you have already filed for divorce but are considering a reconciliation, Wisconsin law provides a specific path to pause your legal case without losing your progress or your filing fees. Instead of immediately dismissing your action, you can use a legal “safety harbor” that allows you to test the reconciliation while keeping your rights…
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Engagement Is Off – Who Keeps The Ring in Wisconsin?
In Wisconsin, when an engagement is broken, the engagement ring is considered a conditional gift and must be returned to the person who gave it. The gift is conditioned on the marriage taking place, so if the wedding does not occur, the condition is not met. This rule generally applies regardless of who broke off…
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Can You Buy A House In The Middle Of A Divorce?
Short Answer Yes, you can buy a house in the middle of a divorce, but it is usually complex. Because you are still legally married until the divorce is final, the new home may be considered marital property and subject to division. In many cases, you will need your spouse’s written consent or a court-approved…
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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…
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How Long Do Custody Battles Take and What Factors Make Them Drag Out
When parents begin the custody process, one of the first questions they ask is how long it will take. It is an understandable concern. Custody battles are emotionally exhausting and financially draining, and most parents simply want to reach stability for themselves and their children as soon as possible. Unfortunately, there is no one-size-fits-all answer….
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Common Questions a Guardian ad Litem Will Ask You and Your Child
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 child-related issues independently, the court appoints an…
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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 restrictions for doing so? What is the burden of proof? What type of evidence does one need to modify the existing…
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How to Handle a Divorce Peacefully
How to Handle a Divorce Peacefully: A Guide to Constructive Transitions Divorce is traditionally associated with courtroom battles, heated arguments, and emotional upheaval. However, it doesn’t have to be a destructive process. With the right mindset and professional guidance, you can navigate this life transition with dignity. At Karp & Iancu, S.C. Family & Divorce…
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Why More Older Couples Are Getting Divorced and What It Means for Their Future
For decades, divorce was often seen as something that happened to younger couples or those still in the early stages of marriage. Yet, in recent years, a growing number of older couples are making the difficult decision to part ways after decades together. This phenomenon, often referred to as gray divorce, has become one of…
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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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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…
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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…
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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…
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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…
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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…
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