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 […]
Discovery in Wisconsin Family Actions
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 […]
Legal Custody
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 […]
Planning for Divorce
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 […]
Uncontested Divorce
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 […]
Wisconsin military divorce-military retired pay
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 […]
What is a guardian ad litem in a Wisconsin divorce?
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 […]
Wisconsin divorce vs. legal separation
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. […]
Same Wisconsin divorce lawyer for both spouses?
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 […]
Wisconsin divorce tax laws
Wisconsin divorce tax laws can have a serious effect on a spouse’s financial situation. Careful tax planning must occur before the divorce is granted. Following are some issues that I consider with all my clients: 1. Couples usually file married jointly during a marriage. However, after the separation, former spouses must file as either single […]