A spouse of a military member at divorce must be aware of his/her rights regarding the division of military retired pay. The actual division of the pay is addressed in separate posts. However, once the spouse’s portion of the retired pay is awarded, the spouse should take steps to protect it. The survivor benefit plan […]
When a servicemember is divorced, his/her military retired pay is often divided with the ex-spouse. Whether you are the servicemember or the spouse, it is vital to ensure that the calculation is done properly. A Court Order Acceptable for Processing (COAP) is a document required by the military to specify the exact terms […]
A COAP is shorthand for Court Order Acceptable for Processing. This document is an order, separate from a Wisconsin divorce judgment, that the military requires to divide military retired pay between ex-spouses. When a military member is divorced, the court grants a judgment. The spouses’ property will be allocated in that judgment. Since a servicemember’s […]
This blog entry will provide a more in-depth discussion about the ways domestic violence can impact legal custody determinations, in Wisconsin. When domestic violence is part of a relationship, making decisions together as parents can be impossible, and it stands to reason that a parent who has abused the other should not make major decisions […]
Military servicemembers should be aware of a few rules related to child custody issues in Wisconsin. First, the Uniformed Soldier’s and Sailor’s Civil Relief Act provides some protections for active duty servicemembers facing a divorce filing in Wisconsin. The Act permits an active duty servicemember to delay a divorce, child custody, or support matter during […]
After divorce, many spouses of military servicemembers worry that he/she will lose health insurance (known as Tricare). Whether a spouse can keep health insurance after the divorce depends on several factors. Tricare ends on the date of divorce, except as follows: Option 1: The “20-20-20” Rule If the former spouse servicemember: 1. has 20 […]
If you have children with an abusive partner and are contemplating divorce, legal separation or a paternity action, you probably have questions about whether a parent who was abusive to the other parent will still be able and allowed to make decisions for your children. This blog will clarify the ways in which Wisconsin family […]
A knowledgeable Wisconsin divorce lawyer can use military allotments to resolve difficult payment issues for divorcing spouses. An allotment is a specific amount of money that a servicemember can direct the military to pay to a creditor directly from his/her paycheck. Allotments can be either voluntary or involuntary. The military has very strict regulations regarding […]
If you are in the midst of a divorce or legal separation in Wisconsin, you already know that emotions can run high and that the process can be quite stressful, for parents and for children. After the divorce or separation is final, there is typically a cooling-off period, during which the family settles into the […]
Once an initial hearing has been held, regarding a parent’s motion to relocate the child, the parties will be referred to mediation and have a Guardian ad Litem appointed to represent the child’s best interests. At any time between the initial hearing and the final hearing, the relocating parent can request a temporary order to […]
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