Someone posted a question at the one of the “ask lawyer” web sites whether the court has to approve a settlement agreement? Apparently, in a divorce, with both parties pro se, the parties had attempted to go into court to have their final marital settlement agreement approved so that they can could be divorced, and…
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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Ex Parte orders
How hard is it to go to court and have the judge or court commissioner sign an order, without a court hearing and without the other party being present to object? The answer is “very” at least in family court cases, and the likelihood that the judge or court commissioner would sign such an order…
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Family Support- What is it?
Family support is a hybrid of child support and maintenance combined together. It allows the person who is paying to deduct the payments, assuming all the requirements of sec. IRC 71 and 215 are met, and requires the payee to report the payments as taxable income. Child support is non taxable-non deductible. Maintenance (spousal support…
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2 Year Prohibition On Modifying Custody in Wisconsin
There seems to be a lot of confusion lately over the statutory provision in Wisconsin that bars a litigant from coming back into court to litigate custody and placement, within two years from the date of their final judgment or orders. You can only petition or file a motion to modify within the two years,…
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Substitution of Judge under Wisconsin law
Did you know that if you are going through a divorce, and you don’t like a particular judge assigned to your case, that you have the right to substitute the judge? Well, you do, with some limitations. You also don’t get to pick the new judge assigned the judge, you only have the right to…
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Joint Decision Making
We field a lot of questions with persons who have been divorced who don’t seem to have a full understanding of what joint custody of minor children means. They wind up making a decision about the child, without consulting or informing the other parent, and once their ex spouse learns of the decision, they wind…
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How to Reconcile during the divorce
In Wisconsin, there are two ways that a couple can try to reconcile during the divorce process. The first way, and the one that I routinely recommend to my clients who inquire about reconciling, is to enter into a 90 day agreement to put the divorce on hold while the parties work on their marriage….
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Failure to File a Financial Disclosure Statement in Wisconsin
You are involved in a divorce and your spouse has decided to go at it alone without a lawyer. While they have a right to do that, they also at the same time, must comply with the laws and procedures under the family code, chapter 767 of the Wisconsin Statutes. One of those requirements, is…
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Waiver of the 120 day waiting period in Wisconsin
I am a huge Tom Petty & the Heartbreakers’ fan and they have a song entitled, “The Waiting (is the hardest part).” What I really want to focus on in today’s blog, is the fact that under Wisconsin law, an individual has to wait 120 days before they can be divorced and under what circumstances,…
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Long term v. short term marriages
From a statutory perspective, the length of the marriage can be a factor both in property division as well as spousal support. What is the significance behind labeling marriages “short term” or “long term?” Where can you find the definitions of a short term marriage as opposed to a long term marriage? This blog will…
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Selling off property in the middle of a divorce
Someone asked me the other day if you need money, can you start selling off property in the middle of the divorce? The answer is generally no, as there is a statutory prohibition for doing so, once the divorce is filed. There are some exceptions and I will cover those as well. WI STAT. 767.117…
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Unmarried Parents Of An Infant
I receive many inquiries each day pertaining to the rights of a child born out of wedlock. Usually, the couple are fighting over the baby and the question becomes who has legal custody of the child? The answer lies at sec. 767.82 of the Wisconsin Statutes, (2m) and reads as follows; “CUSTODY PENDING COURT ORDER….
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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 In a custody battle, if you’re unhappy with the guardian ad litem (GAL) appointed to represent your children’s best interests, you can request a status hearing after 120 days to review their actions. However, removing a GAL is difficult. Wisconsin law provides GALs…
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Can My Lawyer Drop My Case If I Don’t Pay?
TL;DR Summary for Can My Lawyer Drop My Case If I Don’t Pay? Non-payment consequences: If you stop paying your divorce lawyer, they can legally drop your case. Reasons for dropping a client: Lawyers have bills to pay and cannot continue working without compensation. Legal process for withdrawal: Lawyers must notify you in advance, provide…
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Trouble With A “Significant Other”
You went through a divorce because you thought by doing so, you would end years of fighting and bickering with your former spouse. Following the divorce, things seemed to be going fairly well, as much as can be expected after a bitter divorce, but for the sake of the children, both you and your ex…
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What Significance Is The New Spouse’s Income To Support Obligations?
A frequently asked question at some of the lawyer web sites, such as Avvo and Lawyers.com, is can a new spouse’s income be considered for purposes of child support or maintenance payments? The answer under Wisconsin law, is no. A new spouse is not obligated to pay support for children that are not theirs, nor…
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Can You Deduct Temporary Maintenance Payments?
It is tax season. I am frequently asked if a person who is obligated under a temporary court order may deduct those maintenance (spousal support) payments, from their taxes. While there is no specific I.R.S. rule that says you can’t deduct them, one would need to comply with all of the conditions and terms under…
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Can You Buy A House In The Middle Of A Divorce?
Is there a prohibition on buying a house before the divorce is completed? We know there is a statutory prohibition on selling, disposing, or giving away any marital property in the middle of the divorce without the consent of the other party or by further order of the court, absent it being done in the…
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What Does “Reasonable Times, Reasonable Notice” Visitation Mean?
Every once in awhile we see “traditional placement” arrangements. This means that one parent has “primary placement” of the children, and the other parent has visitation rights. Many times, they are afforded “reasonable times, reasonable notice” visitation. Primary placement is defined as one parent having the children at least 75% of the time, counted as…
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Dating Before a Divorce is Final in Wisconsin
TL;DR Summary Dating Before a Divorce is Final in Wisconsin Dating before your divorce is final can negatively affect both financial and custody decisions. Spending money on a new partner during the divorce can be considered “marital waste” and may lead to having to reimburse your spouse. If you have children, dating may impact custody,…
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