What are your visitation rights as a grandparent in Wisconsin? Certain criteria must be present in order for visitation rights to be granted. Such criteria includes the determination that the grandparent would not interfere with decisions pertaining to the child’s physical, emotional, educational or spiritual wellbeing. Another factor that must be present is proof that […]
January is often labeled “Divorce Month.” After spouses spend an extended amount of time in close quarters during the holiday season, clashing often occurs. Another reason why January often sees an uptick in initiations of the divorce process is the fact that many aim to start fresh during the new year. Due to a combination […]
The National Domestic Violence Hotline presents startling statistics about the existence and reality of domestic violence in the United States. One such statistic is that “On average, more than 1 in 3 women and 1 in 4 men in the United States will experience rape, physical violence, and/or stalking by an intimate partner.” The prevalence […]
Each divorce case must begin with filing and service of the divorce petition on a spouse. This is generally not a problem, since most spouses know where to find each other. However, civilian spouses of servicemembers may not know the member’s exact location, particularly if the couple has been separated for some time. The civilian […]
Certain aspects of a servicemember’s pay may be taxable or tax-exempt. These distinctions must be considered when accurately establishing the servicemember’s net income for support purposes. Tax-exempt income includes the following: earnings received while the servicemember is in a combat zone. This exemption is on a month-to-month basis. If the member is in a combat […]
In addition to satisfying residency requirements for the spouses in a military divorce, the Wisconsin divorce court must also have jurisdiction over the children. Wisconsin is one of 49 states that adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). This law establishes the proper state to handle issues of child custody and placement. […]
Wisconsin, as most states, recognizes a distinction between “residence” and “domicile.” It is important to know this distinction to ensure that Wisconsin is the correct jurisdiction to file a military divorce. “Residence” and “domicile” may be the same place, but not always. “Residence” usually means the place where a party lives at a specific time. […]
Given the nomadic existence of some military families, it is not always easy to choose the right state to file for divorce. If the husband entered the military in Wisconsin, the marriage occurred in Texas, the children were born in California, the husband deployed to Iraq, and the mother and children moved back to Wisconsin, […]
This is the last installment of our blog specifically focusing on the SCRA and its effect on Wisconsin military divorces. Previous blogs in this series addressed the relief available for servicemembers and their spouses when a divorce or child custody act is pending. Following are miscellaneous sections of the Act that be relevant in a […]
I have often spoken and written about the vital importance of military spouses and their divorce lawyers ensuring that divorce judgments dividing military retired pay are properly and completely executed. The recent Wisconsin Court of Appeals case of Schwab v. Schwab 20 Ct App 40 is yet another example of the serious consequences when this […]
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