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-spouse…
Self-Care
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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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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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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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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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…
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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…
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Understanding The Stress of Divorce & Connection to Oral Health
Divorce is a highly stressful life event, and its emotional toll can have significant physical effects on health, particularly oral health. One such impact is bruxism, more commonly known as teeth grinding or jaw clenching. This occurs when individuals unknowingly grind or clench their teeth, often during sleep or times of heightened stress. Emotional stress…
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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 address those…
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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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Different placement arrangements in Wisconsin
There is an old saying that “one size fits all,” but when it comes to placement of minor children in a divorce, there are a myriad of different placement arrangements that might work for one family, and for the next family it could be a train wreck. What works for one, doesn’t necessarily equate in…
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How to stop your spouse from making Disparaging Remarks about you
You are in the middle of the divorce and find out that your soon to be ex is bad mouthing you to your children. They are profane in referring you, put you down all the time and trying to poison the children against you. When your children come home after visiting with the other parent,…
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Waiver of 6 month waiting period for remarriage in Wisconsin
Periodically, I am asked, if there is a way to waive the statutory 6 month waiting period in Wisconsin before one can get remarried. The law basically states that if you are divorced in Wisconsin, you cannot remarry anywhere in the world for a period of 6 months, and if you should do so, the…
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Can you sue your spouse for cheating in Wisconsin?
From a Practical Perspective, No. Wisconsin used to have a law against “alienation of affection.” This allowed a party to sue anyone thought to be responsible for the breakup of their marriage–including therapists, clergy members, or mothers-in-law. Under this statute, the victim of adultery could even sue his or her spouse’s paramour. However, that statute…
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Recorded Telephone Conversations in Wisconsin
TL;DR Summary Recorded Telephone Conversations in Wisconsin In Wisconsin, it is legal to record a telephone conversation without the other party’s consent if you’re part of the conversation. However, such recordings are inadmissible in civil court unless the other party is informed that the conversation is being recorded and gives their consent for it to…
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Using a GPS tracking device on your spouse; Is it against the law in Wisconsin.
You think your spouse may be cheating on you and you don’t feel like spending thousands of dollars by hiring a private investigator to follow them around to prove it. Instead, you think of placing a GPS tracking device on your spouse’s car. By doing that you can track their every move, see where they…
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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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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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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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What Are My Rights When It Comes To Cohabitating?
When a couple live together without the benefit of being married, in a cohabitation, non-marital relationship, they are not afforded the protection of the family code, under Chapter 767 of the Wisconsin Statutes. Wisconsin does not recognize common law marriages. This means that you cannot receive spousal support, and there is no presumptive 50/50 property…
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Statute of Limitations on Divorce Judgments?
Very few people realize that there is a statute of limitations in Wisconsin for enforcing a judgment. While applicable in civil judgments, it is also also applicable in family law cases. If you have any issues with your divorce case that either need modification or enforcement, if you fail to act by filing a motion…
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