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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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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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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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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What happens when QDRO fees are not paid.
It is a frequent problem when completing a divorce case, that where there are retirement benefits to divide, one of the parties fails to pay their portion of the drafting fees, and the QDROs do not get completed. Completing the QDROs (qualified domestic relations orders) is essential for the protection of the non-employee spouse, to…
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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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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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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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Can one attorney represent both parties in a divorce in Wisconsin? part 2
It has long been the understanding of family lawyers that one attorney cannot represent both parties in a divorce or legal separation action The traditional view has been that the attorney cannot do so as it is an inherent conflict of interest. However, there is a countervailing view under the Wisconsin’s limited scope rules where…
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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…
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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…
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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…
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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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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…
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