Many people enter their marriage with assets, whether it be a retirement account, a home, or even just money in a bank account. Often when they get divorced, even without a pre-nuptial agreement, they want to keep those assets. However, the presumption in Wisconsin is an equal division of property, at the time of divorce. […]
In Wisconsin, Wis. Stat. 767.41(5) sets forth a list of factors that the court-appointed Guardian ad Litem is to apply in arriving to their recommendations as to what they believe is in “the best interest” of the minor child or children as it relates to custody and placement disputes. Ultimately the Court will also come […]
The Guardian ad Litem (GAL) is the court-appointed attorney to represent the best interests of a ward, child, or an incompetent adult. Importantly, their intended role is to apply the “best interest” standards. During their investigation, they may conduct interviews directly with the child, their relatives, teachers, counselors, and other individuals. Through their unique position, […]
In the state of Wisconsin, by statute, 120 days must pass from the date of filing until the Courts are authorized to finalize a divorce. These 120 days are often considered as the “cooling-off period” in the divorce. If parties have a change of heart, either one may request to postpone proceedings to allow for […]
Wisconsin is one of several states that does not require the claim of wrongdoing to petition the Court for a divorce. Come your final divorce hearing, the court need only establish that both you and your partner agree that the marriage is “irretrievably broken.” At the onset of filing, the Courts do not view the […]
The divorce process can be a contested litigation battle, but that does not need to be the case. To help you (and your ex-partner) maintain reasonable expectations for each other throughout the divorce, here are some potentially beneficial pointers for what is to come: Do not make frivolous purchases after the divorce is filed. Most […]
If the Court decides that it is going to impute a party with income, it will next need to decide what income to use. If a party is not working enough hours, imputing income is somewhat simple. The Court will likely use the existing hourly rate and multiply it by the number of hours the […]
We recently discussed what it means for the Court to impute you with income. We explained that without a good reason, if you are unemployed, or under employed, the Court can assess you with a higher income than you actually have when doing its support calculations. If you are at risk of being imputed with […]
During child support and maintenance determinations, the Court will assess parties’ incomes. Not only will the Court look at the numbers, but in some cases, the circumstances surrounding one’s employment will be relevant. If historically you have made a lot of money, and intentionally decrease your income to avoid paying support, you are likely going […]
Why Joint Appraisals, Evaluations or Occupational Examinations may benefit you? Upon the filing for a divorce, there are various assets with unknown values to be had between the two of you. As lawyers, we are only licensed to advise you through your divorce in consideration of the benefits and risks of your position for […]
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