Not without your spouse’s agreement. Wisconsin divorce property division law specifically prohibits selling, giving away, cashing in, or destroying assets once a divorce is filed. This rules applies to all property, including retirement accounts, real estate, stocks, investments, checking accounts, CDs, vehicles, furniture, etc. The purpose is to maintain the couple’s property as close to what it was on the date the divorce was filed. […]
Post-divorce bitterness as art?
A Michigan man, not content with divorcing his wife and moving on, bought the house next to her and erected a huge vulgar sculpture pointed at her home. http://www.myfoxdetroit.com/story/23985382/man-buys-the-house-next-to-ex-wife-erects-giant-middle-finger-statue Perhaps the money spent on this sculpture could have been instead given to charity? Even worse, it appears that there are children involved. This is a good example? […]
Damages in Wisconsin divorce /broken engagement?
Although a Wisconsin divorce court could not allow it, a Georgia court recently ordered a man to pay $50,000 to his “ex-fiancée,” ruling that a promise to marry is enforceable. http://gma.yahoo.com/ga-man-must-pay-50-000-breaking-engagement-003334233.html It is not clear how the court arrived this value, though an attorney speculates it represents 1/2 the value of a jointly-owned home. The Wisconsin legislature abolished […]
Military benefits in Wisconsin divorce.
Continuing a discussion of the Wisconsin Court of Appeals’ decision in Peterson v. Bauer, http://www.wicourts.gov/ca/opinion/DisplayDocument.pdf?content=pdf&seqNo=104582, I want to focus on the treatment of military retired pay in a Wisconsin divorce. Federal rules govern the division of military retirement benefits upon divorce. Therefore, Wisconsin divorce cases involving military members must account for relevant federal laws. The division of military benefits depends upon the length […]
Military benefits in Wisconsin divorce
The Wisconsin Court of Appeals today decided Peterson v. Bauer, http://www.wicourts.gov/ca/opinion/DisplayDocument.pdf?content=pdf&seqNo=104582, a Wisconsin divorce case addressing a husband’s request to terminate military disability payments to his ex-spouse. Although the case will not be published, the ruling touches on several interesting issues that I will discuss in this and other posts. First, this case shows the pitfalls of […]
Support Dane County domestic violence victims
Dane County Domestic Abuse Intervention Services (DAIS) is an organization devoted to supporting and assisting Dane County domestic violence victims. DAIS is well-known in Madison and throughout Dane County. However, the need for services for domestic violence victims unfortunately remains great. I often work with DAIS by representing clients in divorce, restraining orders, and other family […]
Wisconsin rejects “context” argument in domestic violence case
The Wisconsin Court of Appeals’ recent decision in Wendorf v. Wendorf 12AP269 http://www.wicourts.gov/ca/opinion/DisplayDocument.pdf?content=pdf&seqNo=103966 , though not formally published, is notable for the Court’s refusal to accept the wife’s alleged extramarital affair as a “context” for domestic violence. It appears that the husband became upset after finding a contraceptive, and assaulted the wife. In essence, his argument […]
Do I need a lawyer in Dane County family law case?
I attended a Dane County Family Law Group (DCFLAG) meeting today, at which local family judges estimated that 80% of the parties in Dane County family law cases (divorce, paternity, child support and custody, etc.) are not represented by lawyers. I imagine the same is true in Sauk County, Columbia Count, and other surrounding counties. The judges lamented that not only […]
Decision on Wisconsin child custody and relocation
In Marriage of Derleth and Corova http://www.wicourts.gov/ca/opinion/DisplayDocument.pdf?content=pdf&seqNo=103806, the Wisconsin Court of Appeals recently addressed a Wisconsin child custody dispute over a child’s relocation. The Court decided that a parent’s ability to move up to 150 miles away within the state cannot be restricted, even if the court believes that the move is not in the child’s […]
The intersection of divorce, child custody, McDonald’s, and psychiatry.
A father’s parental fitness has been called into question by a psychiatrist because he refused to take his child to McDonalds. http://shine.yahoo.com/parenting/how-saying-no-to-mcdonald-s-might-lead-to-dad-losing-custody-165611460.html Though this case occurred in New York, it could easily have happened in Wisconsin. I have to believe there is something else going on here. It’s hard to imagine that a competent psychiatrist […]