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…
Resources
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:
-
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…
-
When do “variable costs” apply in Wisconsin?
TL;DR Summary for When do “variable costs” apply in Wisconsin? What are variable costs?: These are reasonable costs above basic child support, including expenses for child care, tuition, special needs, and other substantial activities. When do variable costs apply?: They apply when parents have split or shared physical placement of the child. How are variable…
-
Bringing false charges of abuse in a divorce
Periodically, when involved in a custody dispute while going through a divorce, one of the parties raises issues of abuse, whether it be domestic violence against their spouse or, in some cases, child abuse. These allegations are brought contemporaneously with the divorce or separation filing, usually to get an upper hand on custody of the…
-
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…
-
What Significance Is The New Spouse’s Income To Support Obligations?
After a divorce, 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 are they obligated to support the ex-spouse by making maintenance payments. The new spouse’s income…
-
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 accessing the courthouse if they want to pursue a restraining…
-
Unmarried Parents Of An Infant
Our office receives many inquiries pertaining to the rights of a child born out of wedlock. Usually, the couple is fighting over a 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. If…
-
What Does “Reasonable Times, Reasonable Notice” Visitation Mean?
TL;DR Summary of What Does “Reasonable Times, Reasonable Notice” Visitation Mean? “Traditional placement” gives one parent primary custody (>75% of overnights), while the other has visitation rights, often under vague “reasonable times, reasonable notice” terms. This arrangement requires the non-custodial parent to ask for permission to see their children, effectively giving the primary parent veto…
-
When does child support start when divorcing in Wisconsin?
You have filed for divorce and requested child support in your initial petition for divorce, but no one has explained exactly how you go about receiving child support. How do you go about receiving child support? How is the amount determined? When does it start? Does your spouse pay it to you or the employer?…
-
Failure To Serve On Time
What is the law with requiring you to serve your spouse when getting a divorce and what happens if you fail to serve within the statutorily prescribed time? .The answer lies at sec. 801.02 (1) of the Wisconsin Statute, where all papers must be served within 90 days of filing. Sec. 801.02 (1) reads as…
-
Common Questions a Guardian ad Litem Will Ask You and Your Child
BEST Guardian Ad Litem Home Visit Checklist 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…
-
Financial Disclosure Statements in an Uncontested Divorce
Can You Finalize an Uncontested Divorce Without Financial Disclosure? No. In Wisconsin, you generally cannot finalize a divorce without financial disclosure. Under Wisconsin Statute § 767.127, each party must file a Financial Disclosure Statement (Form FA-4139 V) listing all income, assets, debts, and liabilities—even in uncontested divorces. If you fail to disclose fully or timely,…
-
Paying Maintenance Arrears in Wisconsin
Spousal Support Enforcement Wisconsin This article was originally written by attorney David Karp and published on wisbar.org (link). Enforcing Unpaid Spousal Support (Maintenance Arrears) in Wisconsin If your ex-spouse fails to pay court-ordered maintenance (spousal support), you can take legal action to enforce payment in Wisconsin. Potential remedies include: Filing a contempt motion — the…
-
Meeting with the guardian ad litem
A person going through a divorce where there is contested custody litigation will be expected to meet with the court appointed Guardian ad Litem. What should you expect when meeting with the Guardian ad litem? You probably will have a number of questions and concerns going into the meeting; What is the guardian ad litem…
-
Can You Secretly Divorce Your Spouse?
In an interesting story out of New York City several years ago, a woman who was 59 years old, sued her husband, who was 90 years old, after being married for over 20 years, after he secretly divorced her, just a few short months after they were initially married. The reason the husband claims to…
-
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. What are the options when it comes to spousal support? 1. HOLD OPEN. A “hold open” means a person is reserving the right to go back into court…
-
What is a Vocational Examination?
Many times in divorce cases, we recommend to our clients that they undergo a vocational examination, or the opposing counsel, requests that the party submit to an independent vocational examination. What is a vocational examination and what purpose does it serve? A vocational examination is a process where a person trained and experienced in employment…
-
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 this 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…
-
Hold Open Child Support?
Can you waive or hold open child support? The answer to the former is no and the answer to the latter is yes. You cannot waive child support pursuant to a martial settlement agreement, as it is a right that belongs to the child. However, parties can agree in their marital settlement agreement, to “hold…
Featured Review of
Karp & Iancu, S.C. Family & Divorce Lawyers
by Douglas T. on Google
"The representation by Karp & Iancu that I received was very helpful to guide me through the difficult passage from marriage to divorce. I would highly recommend retaining Karp & Iancu as they were able to provide highly valuable information and guidance to reach an amicable settlement with my spouse."
We’re Proud of Our 5.0 Rating Across 400+ Reviews on Google