In general, no. Divorce laws are enacted by the state legislature, and apply to the entire state. However, each county establishes formal local court rules that can differ by county. For example, in a Sauk County divorce, judges strictly choose guardians ad litem (lawyers for children’s interests) from a list kept by the county. In Dane […]
For family lawyers and clients, ensuring reasonable attorney fees can be a challenge. One reason may be the issues faced by young lawyers, and frankly, lawyers in general. The Wisconsin State Bar completed a report http://www.wisbar.org/NewsPublications/InsideTrack/Pages/Article.aspx?Volume=5&Issue=24&ArticleID=11251 demonstrating some of those challenges, which include sky-high debt, lack of employment, underemployment, low pay, and lack of practical skills and training. […]
In Eisinger v. Pachacek, http://www.wicourts.gov/ca/opinion/DisplayDocument.pdf?content=pdf&seqNo=105211, the Wisconsin Court of Appeals ruled that a change in one parent’s income is not, by itself, a “substantial change in circumstances” necessary to modify child support. The Court found that, although the mother’s income had increased by $3,000 per month, neither the father’s (the payer’s) income nor the child’s needs were […]
According to this article, http://www.huffingtonpost.com/2011/01/04/january-more-divorces-tha_n_803958.html, more divorces are filed in January than any other month, perhaps due to holiday stress, financial issues, or a simple desire to start fresh in the new year. In my experience, Dane County divorce is common around the new year. While the timing of a Dane County divorce filing is not usually […]
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. […]
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? […]
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 […]
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 […]
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 […]
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 […]
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