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 […]
A court order in a divorce, separation or paternity action can instruct one party to make ongoing payments to the other, in various ways. Common examples are child support payments and spousal support (maintenance payments). Unfortunately, it is common for a party entitled to receive child support or maintenance to not receive payments, as ordered. […]
There are many benefits to filing jointly for divorce, but there are also some potential pitfalls to be aware of, as you move through the process. A divorce can be filed as a contested matter, with one party as the Petitioner and one as the Respondent. A divorce can also be filed as an uncontested […]
One of the first questions people ask divorce attorneys is how much money the divorce process will ultimately cost them. It makes sense to want to know how to budget for legal fees incurred during a divorce, and it’s normal to want to be able to expect a total divorce cost, when all is said […]
When the parents of a child are unmarried, it would be beneficial for the father to establish legal paternity. If paternity is not legally established, the mother has sole custody and placement of the child, and the father has no legal rights. This is the case even if both parties know who the biological father […]
Maintenance, sometimes known as alimony or spousal support, can be awarded by the court in proceedings related to divorce, annulment, or legal separation. Maintenance has two objectives: to support the recipient in according with the needs and earning capacities of the parties, and to ensure a fair and equitable financial agreement between them. Its purpose […]
Filing for divorce or legal separation can result in a lot of changes taking place within a very short time. Often, at the time of filing, the parties live together, and a decision must be made about who remains living in the marital residence. The parties to a divorce or separation may share expenses and […]
Parents with shared physical placement of their children, should keep in mind the laws establishing requirements of notice. Wisconsin Statute 767.481 provides rules concerning how to give proper notice in cases in which a parent wishes to move a child either 150 miles away from the other parent or out of state. The moving parent […]
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