Category Archives: Divorce

Posted inDivorce

Wisconsin divorce and life insurance

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,, the Court ruled that because the […]

Posted inDivorce

Wisconsin divorce expenses

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 […]

Posted inDivorce

Most expensive divorces

Needless to say, none of these occurred in Wisconsin.   Out of curiosity, it would be fascinating to know the amount of the attorneys’ fees.  Perhaps this goes into the category of “It could be worse.”

Wisconsin divorce-do I get half the property?

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 […]

Posted inAppeals, Divorce

Should I consider a Wisconsin divorce appeal?

A Wisconsin divorce appeal is generally rather difficult to win.  There are two main reasons for this.  First, a Wisconsin divorce appeal is reviewed under the discretionary standard.  This means that, for issues of property division, child support, maintenance, and child custody/placement, the judge has discretion to make a “reasonable” order based on the testimony and credibility of witnesses.   Even if the appeals court […]

Posted inDivorce

Tax issues in Wisconsin divorce

If you have completed, or are in the middle of, a Wisconsin divorce should be aware of the following tax issues: Support revisions:  According to Wisconsin Statutes 767.54, as long as there is a child support or family support obligation, both parents are required to exchange “financial information” every year.  Neither the type of financial […]

Do I need a Dane County family lawyer to help with my case?

Retaining a Dane County family lawyer is not required, but it is highly recommended.  Wisconsin’s family court rules are contained in statutes, administrative rules, local Dane County rules, and case law.   Add to this the various unwritten rules and customs that are expected to be followed, and the process often becomes overwhelming for an unrepresented party. The […]

Posted inDivorce

Is January the most common month for Sauk County divorce?

No, but divorce filings are slightly elevated in January than some other months.  Much as in Dane County, Sauk County divorce filing was most common in July.   Sauk County Divorce filings averaged between 18 and 26 in most months, on the high end in January.  However, in July and August, the number rose by about 40%, to 34 filings per month.  January […]

Posted inDivorce

Is January the most common month for Dane County divorce?

No, at least not in 2013.  Dane County divorce was most common in April and July 2013.  It is commonly believed that many spouses wait to get through the holiday season before filing, or seek a fresh start in the new year.   There are many viewpoints on January’s notoriety as “divorce month” as this article demonstrates    In […]

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