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David Kowalski is a member of the Collaborative Family Law Council of Wisconsin. Collaborative law is designed to ensure a divorce process free of court disputes. The negotiation of terms of a divorce can often become emotionally taxing for all parties involved, including children. A collaborative divorce begins with both spouses signing a binding agreement […]
Posted inDomestic violence, Firm News, Wisconsin family lawyer
What Is Coercive Control?
The United Nation’s definition of violence against women is as follows: “any act of gender-based violence that results in, or is likely to result in, physical, sexual, or mental harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life.” Coercive control, […]
Posted inTestimonial
Emergency relief in military custody case
As discussed in an earlier blog, the Servicemembers Civil Relief Act (SCRA) grants servicemembers a “stay” or freeze of a divorce or child custody case until s/he can legitimately participate. Upon the servicemember’s request, the case must be suspended for 90 days. However, what happens if a real emergency makes a suspension unrealistic? Earlier blogs […]
When Happens If Your Spouse Tries to Hide Assets During the Divorce Process?
If your spouse hides assets during the divorce process, it is illegal. When a financial disclosure statement is filled out, one must sign it under oath. Therefore, lying on the financial disclosure statement is considered perjury under Wisconsin law. The Wisconsin Statutes specifically state, “complete disclosure of assets and debts is required by law and […]
Why Is a Prenuptial Agreement Necessary?
If you are getting married, you will benefit from a prenuptial agreement. There are numerous reasons why this is the case. Getting married involves a contract. However, that specific contract does not aid in planning for what will happen if your partnership is dissolved. Here are three basic reasons why everyone needs a prenuptial agreement. […]
Posted inTestimonial
Wisconsin child custody statutes affecting military members
Military members and their spouses should be aware of the following Wisconsin statutes and cases that could have an affect on child custody and placement disputes: Wisconsin Statutes 767.41(2)(e) and (5)(c): ” If a party is a service member, the court may not consider as a factor in determining the legal custody of a child […]
Dividing Benefits in a Federal Employee Divorce
When dividing federal benefits in divorce, there are two retirement accounts federal employees are eligible for. The first account is the Federal Employee Retirement System (FERS). Under FERS, employees are eligible for benefits from the Thrift Savings Plan (TSP). Read more about the Federal Employees Retirement System and how it functions here. If you are […]
Posted inTestimonial
Obtaining financial information in a Wisconsin military divorce
All divorce cases require an analysis of each spouse’s assets, debts, and income. Divorce involving a military servicemember is no different. Basic documents such as the leave and earnings statement (LES), disability determination, points statement, etc. should be obtained in every case. There are several ways to obtain this information, with the last resort being […]
Posted inDivorce
Financial Disclosure in a Wisconsin Divorce
In a Wisconsin divorce, each spouse is required to issue a financial disclosure statement, which identifies all assets at hand. The list of assets Wisconsin couples are required to disclose include, but are not limited to, “real estate savings accounts, stocks and bonds, mortgages and notes, life insurance” and “retirement interests”. You can view more […]
Posted inChild Support, Firm News
Wisconsin Child Support Calculation Formulas
How is child support calculated in Wisconsin? When it comes to the percentage of a parent’s gross income that will contribute to child support payments, the state’s standard formula is as follows: 1 child 17% 2 children 25% 3 children 29% 4 children 31% 5 or more 34% There are several guidelines that may be […]
