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 […]
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 […]
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, […]
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 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 […]
Military retired pay is often the most substantial benefit accrued by a servicemember. It is natural, therefore, that the division of military retired pay at divorce is often a source of dispute. Your lawyer must fully understand the options and limitations of this and other military benefits in order to effectively represent you. Perhaps the most […]
If you are involved in a Wisconsin divorce, paternity action, or a dispute about legal custody, physical placement and support of a minor child, you have probably heard about the discovery process. A party to a Wisconsin family action, such as a divorce, may choose to undertake formal discovery, to find out more information about […]
A non-parent may obtain legal authority over a minor by obtaining a guardianship. A guardianship grants an individual “care and custody” of the child and typically occurs in cases in which a parent is unable to provide care for the child. A guardianship does not terminate parental rights, but simply allows for the non-parent to […]
Misconceptions exist, as to what legal custody of a child is and means. Many times, in a divorce or paternity proceeding, a parent will come into the divorce or paternity process asking for “full custody.” There is no such term, under Wisconsin law. Also surprising to parents at the outset of a divorce or paternity […]
Making the decision that your marriage is over and that divorce is your best option is difficult for everyone. Generally, people don’t think to plan for divorce as they would for any number of other major life events. Planning for divorce could make the divorce process much easier for you, cut down on how much […]
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