When can you collect back child support owed? From the birth of the children? From the time you separate? From the time you file a motion with the court? From the time the other party is served with the motion for court? From the time you are in court and the court orders support? TL;DR…
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:
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Waiver of Maintenance in Wisconsin
You are going through a divorce, and the proposed marital settlement agreement calls for a waiver or termination of maintenance payments at the time of the granting of the final divorce. You are not sure what that means, and whether you should waive or not. TL;DR Summary for Waiver of Maintenance in Wisconsin What it…
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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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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? TL;DR Summary of Pre-Marital Assets; exempt under Wisconsin law? In Wisconsin, all property owned by either spouse,…
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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…
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When does a divorce agreement become binding?
There is a fair amount of misconceptions about the legalities of agreements when going through a divorce. TL;DR Summary of When does a divorce agreement become binding? Informal agreements like “handshake deals,” notarized documents, or even signed written agreements are not legally binding on their own in a divorce case. For any agreement to be…
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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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How to dismiss a divorce case in Wisconsin.
TL;DR Summary of How to dismiss a divorce case in Wisconsin If your spouse has not yet responded to the divorce filing, you can dismiss it by filing a “notice of voluntary dismissal” with the court. If your spouse has already responded, you must both agree to dismiss the case with a formal “stipulation” or…
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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. TL;DR Summary of Substitution of Judge under Wisconsin Law You have a one-time right to request a substitute…
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How to File for Divorce in Wisconsin: A Step-by-Step Guide
How to File for Divorce in Wisconsin A Guide Through the Divorce Process in Wisconsin Deciding to file for divorce can be an emotionally challenging decision. The process of initiating divorce proceedings and handling the associated paperwork can also be overwhelming. In this guide, we aim to demystify the process and provide you with a…
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Child Custody vs. Child Placement: What is the Difference?
Child Custody vs. Placement Understanding Custody vs. Placement in Wisconsin Family Law Custody and placement are two key concepts in family law that are often misunderstood or used interchangeably, but they are fundamentally different and, in some cases, not even related! Understanding the distinction between them is crucial, especially in the context of Wisconsin…
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What is a QDRO and Do I Need One?
QDROs are specialized court orders used to divide qualified retirement assets. TL;DR Summary of What is a QDRO and Do I Need One? A Qualified Domestic Relations Order (QDRO) is a specialized court order required to divide certain retirement assets, such as pensions and 401(k)s (but not IRAs), during a divorce. Its primary purpose is…
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Legal Separation vs. Divorce In Wisconsin
What is Legal Separation in Wisconsin? A Legal Separation in Wisconsin is different than simply living apart. Physically separating is not the same as legally separating. If you physically separate without taking any further legal action, you remain legally married and will continue to enjoy (or suffer) all the rights and responsibilities that come with…
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How to Navigate Divorce: A Guide to Compassionate and Effective Representation
Why Divorce is Our Bread and Butter At Karp & Iancu, S.C., divorce cases account for more than two-thirds of our caseload. These cases are often intertwined with post-judgment work, such as modifying custody arrangements or enforcing court orders. Divorce is more than just a legal process—it’s a deeply personal journey, and our firm takes…
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Why Living With Someone In The Middle Of The Divorce Is Dangerous
TL;DR Summary for Why its Dangerous to Live with Someone in the Middle of Divorce Moving in with a new partner during a pending divorce can negatively impact both spousal support and child custody cases. If you’re requesting maintenance, cohabitating could lead to a denial of support. If you have minor children, introducing a new…
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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…
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When a woman is married and pregnant from another man.
Many times in family law cases, we see situations where a woman becomes pregnant while still married. The husband by law, is presumed to be the biological father of the child. It complicates the divorce. If either the mother or her husband raise the issue with the trial court that the husband may not be…
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Buying a new car in the middle of a divorce
Sometimes in the middle of a divorce, your car breaks down and you realize that it is time to replace that old junker and get a new car. Can you do that in the middle of a divorce? If so, is it marital property? Can you take a loan out on the car? What happens…
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Understanding the Role of a Guardian ad Litem in Wisconsin Family Court
What Is The Purpose Of Guardian ad Litem In Wisconsin Family Court? If there is a custody or placement dispute involving your children during the divorce process, the court may appoint a Guardian ad Litem to perform an investigation and make a recommendation to the court. A Guardian ad Litem is an attorney who is…
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When can we legally sell or refinance the house in a divorce?
The Answer Depends on Your Goals (and Your Relationship with your Spouse). Whether or not you sell or refinance your house will depend on several considerations: Does one of you want to keep living in the house? Can that person afford the house on his or her own? How good is your credit? Can you…
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