Wisconsin attorneys must meet specific licensing, education, and training requirements to serve as guardians ad litem (GALs). The requirements vary depending on the type of case and whether the GAL is appointed in a matter involving a minor or an adult. Here is what attorneys need to know about becoming eligible for guardian ad litem…
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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Can You Sue for Adultery in Wisconsin?
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…
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Can My Lawyer Drop My Case If I Don’t Pay?
TL;DR: A Wisconsin lawyer may seek to withdraw from your case if you fail to pay agreed-upon attorney fees. Your lawyer generally cannot simply stop representing you without reasonable warning and, when required, court permission. A judge may require your lawyer to continue representing you, particularly depending on the timing and circumstances of the case….
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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…
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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…
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Wisconsin Paternity Laws: Your Rights and the Process
Are you facing allegations of being a father to a child? Whether you’re disputing or agreeing with the claim, understanding your rights is crucial. If you’re a mother aiming to establish paternity or a father contesting parentage, this guide will navigate you through the paternity process. In Milwaukee, having the right information and legal support…
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Who Pays the QDRO Fees in a Divorce?
Who pays QDRO fees depends entirely on what the spouses agree to in their divorce settlement or what a judge orders in the decree, as there is no automatic default rule under federal law. Most commonly, divorcing parties split the preparation and drafting fees 50/50, though one spouse may cover the full amount as part…
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When is Curfew for Children in Wisconsin
Many parents think of a curfew as a household rule, requiring children to be home by a certain time and to send a text if plans change. However, in some Wisconsin communities, staying out too late can lead to a citation for the child and sometimes even the parent. Is There a Statewide Curfew for…
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Dismissing a Divorce
How to Dismiss a Divorce in Wisconsin To dismiss a divorce in Wisconsin, the process depends on the stage of your case. If your spouse has not yet filed a response, you may be able to dismiss the case by filing a Notice of Voluntary Dismissal. If your spouse has already responded, both parties can…
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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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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…