The Wisconsin Court of Appeals recently clarified that, in a Wisconsin divorce judgment, life insurance beneficiary designations end once the children reach adulthood. Parents after divorce often agree to maintain life insurance for their children, partly to cover lost child support if one parent dies. In Brandt v Vazquez, http://www.wicourts.gov/ca/opinion/DisplayDocument.pdf?content=pdf&seqNo=110388, the Court ruled that because the […]
There is no law requiring either spouse to pay certain expenses after a Wisconsin divorce is filed. Spouses cannot sell or give away property without approval. But without a court order, simply filing for divorce does not allocate payment of bills. Often, spouses agree on who will pay bills. If you cannot agree, however, you must request a temporary order from […]
Needless to say, none of these occurred in Wisconsin. Out of curiosity, it would be fascinating to know the amount of the attorneys’ fees. http://www.cnbc.com/id/34316968 Perhaps this goes into the category of “It could be worse.”
In a Wisconsin divorce, the judge begins with the presumption that each spouse receives one-half of marital assets. However, judge also considers 13 factors that can shift the final property division in favor of one spouse. Common factors are the length of the marriage, the spouses’ earning ability (accounting for time spent out of the workforce to care for children), property owned […]
After a Wisconsin divorce or paternity matter, the question often arises as to where the children will attend school. In most cases, the parents share joint custody of the children. Joint custody gives each parent an equal right to make major decisions for children. One of those decisions that leads to the most conflict is […]
A Wisconsin divorce appeal is generally rather difficult to win. There are two main reasons for this. First, a Wisconsin divorce appeal is reviewed under the discretionary standard. This means that, for issues of property division, child support, maintenance, and child custody/placement, the judge has discretion to make a “reasonable” order based on the testimony and credibility of witnesses. Even if the appeals court […]
If you have completed, or are in the middle of, a Wisconsin divorce should be aware of the following tax issues: Support revisions: According to Wisconsin Statutes 767.54, as long as there is a child support or family support obligation, both parents are required to exchange “financial information” every year. Neither the type of financial […]
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 […]
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 […]
Yes, but it is not guaranteed in a Wisconsin divorce. Wisconsin law allows a judge to order one spouse to assist in paying the other’s attorney’s fees in family cases (divorce, child support, paternity, etc.). This usually happens in one of three instances: (1) when one spouse has access to greater assets or income than the other; (2) […]
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