Handshake deals. Informal agreements between the parties, what are commonly known as a “handshake deal,” clearly are not legally enforceable in court. Notarized agreements. Agreements parties may reach in writing and run off and get notarized are also not legally binding in a divorce case. Written Agreements not sent in as a court order. Where…
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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How Many Bedrooms Does a Parent Need in Wisconsin?
TL;DR Summary for How Many Bedrooms Does a Parent Need in Wisconsin? No law in Wisconsin: There is no law requiring each child to have their own bedroom or bed for overnight placement during or after a divorce. Common sense prevails: Sleeping arrangements such as shared bedrooms or beds are generally acceptable when appropriate for…
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Reconciliation in the middle of a divorce case.
While it doesn’t happen all that often, sometimes a couple has second thoughts in the middle of the case about proceeding with a final divorce hearing. So, what can you do if you have second thoughts in the middle of the divorce and want to try to reconcile? There are essentially two ways to go…
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Divorce Maintenance (Alimony) in Wisconsin—Waiving vs Holding Open
When Is It Right to Waive Maintenance? Short answer: It depends on your length of marriage, age, health, income disparity, and ability to support yourself long-term. Table of Contents When Is It Right to Waive Maintenance? How Long Do Terms of Maintenance Last? Waived vs. Held Open Maintenance Two Things to Remember Before You Make…
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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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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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Child Support: How Do You Calculate Income?
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 Start When Calculating Income For Child Support…
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Child Relocation in Wisconsin – 150 miles or 100 miles? Which Wisconsin law applies?
There are laws that apply to removing children away from the other parent. During the divorce case, there is a prohibition on moving the children more than 100 miles away from the other parent. Once divorced, there is also a statutory prohibition on removing the children more than 100 miles from the other parent. The…
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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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What to expect at a divorce pre-trial conference?
TL;DR Summary for Expectations at Divorce Pre-Trial Conference Pre-trial conference happens after a 120-day waiting period. Scheduled by the court or requested by filing papers, depending on the county. If both parties agree on all terms, divorce can be finalized at pre-trial. If no agreement, court reviews contested issues and sets deadlines for actions (e.g.,…
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Motion De Novo Hearings in Wisconsin
We receive numerous questions regarding Motions De Novo? What are they? What is the timeline for appealing? Are you limited on appeal to only those issues that were raised at the first hearing, or can the court consider other issues or new issues that arise? Can the trial court refuse to do a de novo…
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Family Support- What is it?
Family support is a hybrid of child support and maintenance. Under prior tax laws, it allowed the person who is paying the support payments to deduct them from their taxes, assuming all of the previous requirements of sec. IRC 71 and 215 were met, and required the payee-recipient to report the payments as taxable income….
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Ex Parte Orders
How hard is it to request of the court that they sign an “Ex Parte order,” without a court hearing and without the other party being present to object? The answer is “difficult” at best, and depending what the facts and circumstances are that give rise to the request. “Ex parte” is a Latin legal…
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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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Can I Have the Guardian ad Litem Removed From the Case?
TL;DR Summary for Having the Guardian ad Litem Removed from the Case If you’re unhappy with the guardian ad litem (GAL) appointed in a custody battle, you can request a status hearing after 120 days to review their actions. Removing a GAL is difficult, as Wisconsin law grants them quasi-judicial immunity. The GAL’s role is…
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Challenging the Guardian ad litem
What happens when you receive the recommendation of the Guardian ad litem, but you don’t agree with it? Is there anything you can do to challenge the recommendation? There is a procedural challenge to either the investigatory work or the recommendation made by the guardian ad litem under Wisconsin statutes. 767.407 (4m). A status hearing…
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How to extend a Domestic Abuse Restraining order in Wisconsin
If you have a domestic abuse restraining order is there a way to extend it? The answer lies at sec. 813.12 (4) (c) 2 of the Wisconsin Statutes. “When an injunction expires, the court shall extend the injunction if the petitioner states that an extension is necessary to protect him or her. This extension shall remain in effect until…