What happens to a family business in a Wisconsin divorce? It is rare that both spouses play an active role in managing a family business. So, the spouse who works in or manages the business is usually awarded the business in the divorce. However, the business can be the most valuable asset owned by the spouses, […]
Jurisdiction issues in Wisconsin military divorce
Because military service members often relocate several times during their service, it can be difficult to choose the correct state to file a divorce. In Wisconsin, for example, a spouse must live in Wisconsin for six months, and in the county of filing for at 30 days, or Wisconsin does not have the authority to […]
Marital Property and Wisconsin Divorce
If you are in the midst of divorce or legal separation in Wisconsin, you have probably heard the phrase, “Wisconsin is a community property state.” This means that, by default, the Wisconsin Court will divide marital property equally between divorcing or separating spouses. Everything you and your spouse own is presumed to be owned by […]
Wisconsin Child Support
One of the most contested issues in any paternity case, separation, or divorce is child support. In order to determine what support payments should be made, if any, the court must first determine physical placement of the child. Placement refers to where the child will be residing. If a parent has less than 25% of […]
Social Media and Divorce
For those in the midst of the process, divorce or legal separation is, almost universally, a stressful and challenging time. During a divorce or legal separation, it is understandable to want to share experiences and feelings with friends and family members. You may turn to social media outlets like Facebook, Twitter and Instagram to vent […]
Issues in Wisconsin Pre-Nuptial Agreements
Because of rules specific to this state, Wisconsin pre-nuptial agreements must address certain important issues. Otherwise, even if the agreement is validated at divorce, it may not fully protect the assets as intended. First of all, the pre-nup agreement must clearly state that it is enforceable at divorce. Although it may seem obvious, some courts have […]
Valuation of Assets in Wisconsin Divorce and Legal Separation
As part of any Wisconsin divorce or legal separation process, there will be a need to divide marital property between you and your spouse. Whether you are seeking a divorce or a legal separation, there is a presumption in Wisconsin that all property acquired during the marriage should be divided equally between the parties, at […]
Use a Wisconsin family lawyer to draft a Wisconsin prenuptial agreement
I have noticed an increase in clients requesting assistance with interpreting and upholding Wisconsin prenuptial agreements. Often, a client is facing a challenge from the other spouse who is trying to throw out the agreement. In every case that I have reviewed, the main reason for the challenge is a poorly-written agreement. In some cases, […]
Guardians ad Litem and Custody Studies
In the state of Wisconsin, when parents cannot reach an agreement on custody and placement of their child, the court will appoint a Guardian ad Litem to the case. The Guardian ad Litem, or GAL, is a family law attorney appointed to represent the best interests of the child. The role of the GAL is […]
Termination of Parental Rights in Wisconsin
Termination of parental rights is one of the most misunderstood aspects of family law, in Wisconsin. In reality, these actions are rare, and the law allowing for termination of parental rights is restrictive and specific, as to fact scenarios that may lead to such an action being successful. This blog entry is meant to address […]