Category Archives: Divorce

Do I need a Dane County family lawyer to help with my case?

Retaining a Dane County family lawyer is not required, but it is highly recommended.  Wisconsin’s family court rules are contained in statutes, administrative rules, local Dane County rules, and case law.   Add to this the various unwritten rules and customs that are expected to be followed, and the process often becomes overwhelming for an unrepresented party. The […]

Posted inDivorce

Is January the most common month for Sauk County divorce?

No, but divorce filings are slightly elevated in January than some other months.  Much as in Dane County, Sauk County divorce filing was most common in July.   Sauk County Divorce filings averaged between 18 and 26 in most months, on the high end in January.  However, in July and August, the number rose by about 40%, to 34 filings per month.  January […]

Posted inDivorce

Is January the most common month for Dane County divorce?

No, at least not in 2013.  Dane County divorce was most common in April and July 2013.  It is commonly believed that many spouses wait to get through the holiday season before filing, or seek a fresh start in the new year.   There are many viewpoints on January’s notoriety as “divorce month” as this article demonstrates  http://www.huffingtonpost.com/2011/01/04/january-more-divorces-tha_n_803958.html.    In […]

Differences in Baraboo divorce case?

One of the main differences in a Baraboo divorce or Baraboo child custody dispute as opposed to other counties is the role of the guardian ad litem.  The guardian ad litem (GAL) is a lawyer appointed to represent a child’s best interest when the parents cannot agree.   Some larger counties, such as Dane County, have  specific court counseling services […]

Posted inDivorce

Does Sauk County divorce differ from Dane County divorce?

In general, no.   Divorce laws are enacted by the state legislature, and apply to the entire state.  However, each county establishes formal local court rules that can differ by county.  For example, in a Sauk County divorce, judges strictly choose guardians ad litem (lawyers for children’s interests) from a list kept by the county.  In Dane […]

Posted inDivorce

Preparing for Dane County divorce.

According to this article, http://www.huffingtonpost.com/2011/01/04/january-more-divorces-tha_n_803958.html, more divorces are filed in January than any other month, perhaps due to holiday stress, financial issues, or a simple desire to start fresh in the new year.   In my experience, Dane County divorce is common around the new year.  While the timing of a Dane County divorce filing is not usually […]

Divorce property division Can I sell property during divorce?

Not without your spouse’s agreement.  Wisconsin divorce property division law specifically prohibits selling, giving away, cashing in, or destroying assets once a divorce is filed.  This rules applies to all property, including retirement accounts, real estate, stocks, investments, checking accounts, CDs, vehicles, furniture, etc.   The purpose is to maintain the couple’s property as close to what it was on the date the divorce was filed.  […]

Posted inDivorce

Post-divorce bitterness as art?

A Michigan man, not content with divorcing his wife and moving on, bought the house next to her and erected a huge vulgar sculpture pointed at her home.  http://www.myfoxdetroit.com/story/23985382/man-buys-the-house-next-to-ex-wife-erects-giant-middle-finger-statue Perhaps the money spent on this sculpture could have been instead given to charity?  Even worse, it appears that there are children involved.  This is a good example?  […]

Damages in Wisconsin divorce /broken engagement?

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 […]

Military benefits in Wisconsin divorce.

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 […]

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