I receive a lot of questions about Motions De Novo? What are they? What is the time line 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…
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, like shared bedrooms or beds, are generally acceptable as long as they…
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Supervised visitation; When is it ordered in Wisconsin?
I answer a lot of questions trying to help people on the law sites, AVVO and LAWYERS.COM. Many of them have to do with visitation disputes, and in particular, people are concerned that their former spouse or ex boyfriend or girlfriend is a potential danger or threat to their children. They want to know under…
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What to expect at a Wisconsin Domestic Abuse Hearing
You have filed for a domestic abuse restraining order and the matter has been scheduled for a court hearing or you are on the receiving end of a domestic abuse restraining order and need to prepare for court. What can you expect at the court hearing? How long will it take? Will there be testimony?…
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IRS form 8332; child dependency exemption
A frequently asked question is which parent in a divorce can claim the tax dependency exemption for the minor child? Under Federal law, the custodial parent is automatically entitled to claim the child as a tax dependency exemption. However, the exemption can be waived either by the custodial parent agreeing to the waiver or by…
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Preparing for an initial divorce hearing in Wisconsin
You filed for divorce and have been waiting anxiously to get into court for your first divorce hearing before the court commissioner. You have no idea on how to prepare or what to expect in court, other than you have concerns on what orders the court may make pertaining to placement of your children, how…
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Pre-Marital Assets; exempt under Wisconsin law?
I have been getting a lot of questions and inquiries lately on how pre-marital assets are treated in a divorce case under Wisconsin law. Are the assets exempt from property division or are they divisible under Wisconsin law? All property in a divorce case in Wisconsin, whether acquired before the marriage or during the marriage…
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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. I remember one of the first divorce cases I handled early in my career. It was a case for my brother and he asked that I do the final…
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Maintenance; How long in Wisconsin?
One of the issues that creeps up when dealing with a maintenance issue (spousal support), is the question of how long should the term of maintenance be. Today’s blog will address the various scenarios for the length or term of maintenance. 1. HOLD OPEN. I have discussed this issue in a blog from last year…
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Qualifications to be a Guardian ad litem in Wisconsin
There is probably not a day that goes by that I am not responding to a question on AVVO or Lawyers.com about a party going through a divorce and a bitter custody battle, complaining that the Guardian ad litem is not doing their job, is biased, and wants them removed from the case. I thought…
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Cohabitation can affect maintenance payments in Wisconsin
Under Wisconsin law, when you are receiving maintenance payments (better commonly known as “alimony”) and if you get remarried, your payments automatically stop under Wisconsin law. What happens, if you live with someone instead? Do your payments automatically stop? Under the law in this state, cohabitation is a factor that the court can consider in…
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Is Wisconsin a 50/50 state for divorce?
It is surprising that most people don’t know the answer to this question. We are frequently asked the question and the answer is yes. Wisconsin, since 1977, has been a marital property law state when it comes to a family getting a divorce or legal separation in Wisconsin. This means that there is a legal…
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Does a birth certificate establish paternity in Wisconsin?
The answer to the headline to today’s blog is no, at least not under Wisconsin law. This is a frequently asked question where people believe that if a person’s name goes on the birth certificate, that legally establishes the person as being the biological father. This is legally incorrect. There are two ways that paternity…
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When does child support end in Wisconsin?
When you are under a support obligation for little children, it seems as though that obligation for support may never go away. At some point though, a parent no longer is obligated to pay support. When, under Wisconsin law does that duty end? The answer lies in sec. 767.511 (4) and reads as follows; “AGE…
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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 access to the courthouse if they want to pursue a…
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Paternity Jurisdiction over a non-resident in Wisconsin
Today we are exploring how the courts in Wisconsin has the power to determine paternity over a person who doesn’t live in this state. Since we live in a transient society, this happens more often than you might have thought. The answer to how the court can exercise jurisdiction lies in sec. 769.201 of the…
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Access to Children’s records under Wisconsin’s custody laws
If you get divorced in Wisconsin and the other parent has custody, are you foreclosed from receiving copies of your children’s medical, dental and school records? The answer lies at sec. 767.41 (7) of the Wisconsin Statutes; (7) ACCESS TO RECORDS. (a) Except under par. (b), or unless otherwise ordered by the court, access to…
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Cell Phones for Children?
You are divorced and your ex blocks communication when the kids are with them, so you decide to go out and purchase a cell phone for each of them, so they can call you anytime and you can call them, when they are with the other parent? good idea? Is it allowed? Must the other…
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Third party contempt
Often, pro se litigants get upset when third parties interfere in their children’s affairs. This can include new significant others mostly, and sometimes grandparents or other close relatives. When you have a third party who interfered and acts as an intermeddler, they want the court to find them in contempt. It can be a situation…
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Failure to exercise placement under Wisconsin custody laws
Under what authority can someone attempt to modify physical placement, based on the fact that one parent repeatedly and unreasonably fails to exercise their court ordered placement time with the minor children? This is not as uncommon a problem as you might expect. If you are the primary parent and have concerns when the other…
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