If you are seeking divorce from an abusive spouse, it is crucial to be aware of steps you can take in order to protect yourself. Sometimes, even if your spouse has never exhibited aggressive behavior, a divorce could cause them to snap. From guarding important documents to obtaining the guidance of a family law attorney, […]
Service of documents on military member in Wisconsin
No legal case can validly proceed unless the responding party has been properly served with the relevant documents. In a paternity case, this would be the petition for paternity. In divorce, the petition for divorce. A previously blog provided some advice on locating servicemembers to serve papers. Once the member’s location is known, however, s/he […]
Grandparent Visitation Rights
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 […]
Reason for Uptick in Divorce Rates Each January
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 […]
Domestic Violence Has Emerged as Shadow Pandemic Amid COVID-19
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 […]
Locating a military member for a Wisconsin divorce
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 […]
Military-specific tax issues in Wisconsin divorce
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 […]
Jurisdiction and residence in a Wisconsin military divorce: Blog #3-Children
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. […]
Jurisdiction and residence in a Wisconsin military divorce: Blog #2
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. […]
Jurisdiction and residence in a Wisconsin military divorce: Blog #1
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, […]