I am often asked by potential clients if both spouses can be represented by the same Wisconsin divorce lawyer. The answer is no. It is a conflict of interest. A Wisconsin divorce lawyer’s ethical rules prohibit representing two parties in the same action who have adverse interests. My duty to you, as the client, is to zealously advocate only your […]
Wisconsin divorce tax laws can have a serious effect on a spouse’s financial situation. Careful tax planning must occur before the divorce is granted. Following are some issues that I consider with all my clients: 1. Couples usually file married jointly during a marriage. However, after the separation, former spouses must file as either single […]
The Court of Appeals recently made a notable decision regarding Wisconsin maintenance in Brin v. Brin. In this case, after divorce, the husband had paid maintenance (otherwise known as alimony) for 20+ years, into his 80’s. He then asked the judge to terminate the maintenance to his ex-wife. The judge reduced his payments to $0, and […]
The cost of a Dane County divorce is difficult to predict. I have settled some Dane County divorce cases in four months. I have been involved with others for over six years. The cost ultimately depends on the difficulty of the issues, the personalities involved, and the lawyers’ working style. I believe that the cooperation (or lack of it) between […]
Locating Wisconsin divorce assets is not usually as difficult as you may have heard. Both spouses must make a full financial disclosure. All assets, debts, income, and expense must be disclosed on the designated form. These statements often form the basis for a judge’s decision on support and property division. Therefore, they must be completed carefully. It is […]
The Wisconsin Court of Appeals recently clarified that, in a Wisconsin divorce judgment, life insurance beneficiary designations end once the children reach adulthood. Parents after divorce often agree to maintain life insurance for their children, partly to cover lost child support if one parent dies. In Brandt v Vazquez, http://www.wicourts.gov/ca/opinion/DisplayDocument.pdf?content=pdf&seqNo=110388, the Court ruled that because the […]
There is no law requiring either spouse to pay certain expenses after a Wisconsin divorce is filed. Spouses cannot sell or give away property without approval. But without a court order, simply filing for divorce does not allocate payment of bills. Often, spouses agree on who will pay bills. If you cannot agree, however, you must request a temporary order from […]
Needless to say, none of these occurred in Wisconsin. Out of curiosity, it would be fascinating to know the amount of the attorneys’ fees. http://www.cnbc.com/id/34316968 Perhaps this goes into the category of “It could be worse.”
In a Wisconsin divorce, the judge begins with the presumption that each spouse receives one-half of marital assets. However, judge also considers 13 factors that can shift the final property division in favor of one spouse. Common factors are the length of the marriage, the spouses’ earning ability (accounting for time spent out of the workforce to care for children), property owned […]
After a Wisconsin divorce or paternity matter, the question often arises as to where the children will attend school. In most cases, the parents share joint custody of the children. Joint custody gives each parent an equal right to make major decisions for children. One of those decisions that leads to the most conflict is […]
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