Although a Wisconsin divorce court could not allow it, a Georgia court recently ordered a man to pay $50,000 to his “ex-fiancée,” ruling that a promise to marry is enforceable. http://gma.yahoo.com/ga-man-must-pay-50-000-breaking-engagement-003334233.html It is not clear how the court arrived this value, though an attorney speculates it represents 1/2 the value of a jointly-owned home. The Wisconsin legislature abolished […]
Continuing a discussion of the Wisconsin Court of Appeals’ decision in Peterson v. Bauer, http://www.wicourts.gov/ca/opinion/DisplayDocument.pdf?content=pdf&seqNo=104582, I want to focus on the treatment of military retired pay in a Wisconsin divorce. Federal rules govern the division of military retirement benefits upon divorce. Therefore, Wisconsin divorce cases involving military members must account for relevant federal laws. The division of military benefits depends upon the length […]
The Wisconsin Court of Appeals today decided Peterson v. Bauer, http://www.wicourts.gov/ca/opinion/DisplayDocument.pdf?content=pdf&seqNo=104582, a Wisconsin divorce case addressing a husband’s request to terminate military disability payments to his ex-spouse. Although the case will not be published, the ruling touches on several interesting issues that I will discuss in this and other posts. First, this case shows the pitfalls of […]
I attended a Dane County Family Law Group (DCFLAG) meeting today, at which local family judges estimated that 80% of the parties in Dane County family law cases (divorce, paternity, child support and custody, etc.) are not represented by lawyers. I imagine the same is true in Sauk County, Columbia Count, and other surrounding counties. The judges lamented that not only […]
In Marriage of Derleth and Corova http://www.wicourts.gov/ca/opinion/DisplayDocument.pdf?content=pdf&seqNo=103806, the Wisconsin Court of Appeals recently addressed a Wisconsin child custody dispute over a child’s relocation. The Court decided that a parent’s ability to move up to 150 miles away within the state cannot be restricted, even if the court believes that the move is not in the child’s […]
A father’s parental fitness has been called into question by a psychiatrist because he refused to take his child to McDonalds. http://shine.yahoo.com/parenting/how-saying-no-to-mcdonald-s-might-lead-to-dad-losing-custody-165611460.html Though this case occurred in New York, it could easily have happened in Wisconsin. I have to believe there is something else going on here. It’s hard to imagine that a competent psychiatrist […]
Pets are treated as property in Wisconsin divorce cases. However, research continues to demonstrate that at least some animals have more complex emotions and intelligence. A recent study found that dogs may have emotions similar to humans http://news.yahoo.com/scans-reveal-striking-similarity-between-human-canine-minds-162147298.html. As a dog owner myself, this is not really surprising. However, those feelings are increasingly supported by scientific […]
I ran across this article recently, http://divorce.com/mandatory-sex/, and found the contrast between Wisconsin divorce law and French law amusing. There is no possible way this ruling could ever happen in a Wisconsin divorce. First, Wisconsin follows the “no fault” divorce rule. But perhaps most interesting to me was how one would place a value on […]
Wisconsin maintenance law does not set specific limits on the amount or duration of spousal support (maintenance) after divorce. The court instead applies numerous factors to a request for maintenance before making a discretionary decision. Other states set specific limits on spousal support. Texas, for example, limits support to 5 years in marriages of 10-20 […]
Divorce is one of the most stressful periods in your life. In my years of experience as a Wisconsin divorce lawyer, I’ve noticed that clients who follow the below guidelines seem to make it through the process with far less stress. 1. Hire a lawyer. The legal system can be frustrating, complicated, and confusing. An experienced Wisconsin divorce […]
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