For initial determinations of custody in a divorce, Wisconsin law states that the court must presume that it is in the best interests of a child for the child’s parents to have joint legal custody, or decision-making power. In other words, the State believes that it is best, by default, for children to have significant […]
Wisconsin grandparent visitation is an option for grandparents who have developed close relationships with their grandchildren. Divorcing parents sometimes try to prevent grandparents from seeing or spending time with grandchildren. This can be frustrating to grandparents who want to remain an important part of their grandchildren’s lives. Wisconsin grandparents visitation is a complex issue. However, recent changes […]
Many questions arise from property division in Wisconsin divorce. Clients often wish to retain possession of certain items of personal property, from furniture to bank accounts to pets. Sometimes, people have an idea that property should be divided in a certain way, because “he cheated on me,” or because “she was the one who wanted the […]
A Wisconsin child support modification is possible if there has been a substantial change in circumstances since the most recent order. If you and your child’s other parent cannot agree that the child support order should be changed, the judge will rule whether a substantial change in circumstances has occurred. If the judge finds that there has […]
Wisconsin military divorce benefits are often the single most valuable asset when a couple separates. It is extremely important to understand and properly allocate the military retired pay. Depending on the servicemember’s length of service and other factors, the value of military retired pay may be well over $100,000. In order to divide this benefit, it must […]
If you are in the midst of a court action regarding Wisconsin divorce, paternity, legal custody, physical placement and/or child support, you may already have experience working with a guardian ad litem (GAL). Many people have probably heard of guardians ad litem but aren’t sure what they do. Although their names sound similar, it is important […]
The differences between Wisconsin divorce and legal separation can be subtle and sometimes hard to figure out. Both require filing similar paperwork with the court, notice to the other party, and a 120-day waiting period. At the end of the process, you receive a court order that outlines custody and placement of minor children, support, and property division. […]
Wisconsin unmarried fathers rights are not automatic in every case. If the father and mother are married, the husband is presumed to be the father. However, unmarried fathers have no rights until they obtain a court paternity order. Being named on the child’s birth certificate does NOT establish Wisconsin unmarried fathers rights. Even if the parents live and raise the child together, […]
I am often asked by potential clients if both spouses can be represented by the same Wisconsin divorce lawyer. The answer is no. It is a conflict of interest. A Wisconsin divorce lawyer’s ethical rules prohibit representing two parties in the same action who have adverse interests. My duty to you, as the client, is to zealously advocate only your […]
The Court of Appeals recently decided a case addressing the ability of a biological parent to assert his Wisconsin paternity. The case is Stuart S. v. Heidi R. and can be found online at http://www.wicourts.gov/ca/opinion/DisplayDocument.pdf?content=pdf&seqNo=133315 In this case, Heidi R. and Scott R. were married, but split up for a time. During that time, Heidi […]
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