Month: December 2013

What are my Wisconsin grandparent visitation rights?

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Wisconsin grandparent visitation rights are available in some circumstances.  The grandparents must show that that had, or were denied, a relationship with their  grandchild.  Parents have a strong right to parent their children as they wish. Therefore, the grandparents…

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Differences in Baraboo divorce case?

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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…

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Does Sauk County divorce differ from Dane County divorce?

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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…

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Reasonable attorney fees in Wisconsin

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For family lawyers and clients, ensuring reasonable attorney fees can  be a challenge.  One reason may be the issues faced by young lawyers, and frankly, lawyers in general.  The Wisconsin State Bar completed a report http://www.wisbar.org/NewsPublications/InsideTrack/Pages/Article.aspx?Volume=5&Issue=24&ArticleID=11251 demonstrating some of those…

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New Wisconsin case addresses requests to modify child support.

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In Eisinger v. Pachacek, http://www.wicourts.gov/ca/opinion/DisplayDocument.pdf?content=pdf&seqNo=105211, the Wisconsin  Court of Appeals ruled that a change in one parent’s income is not, by itself,  a “substantial change in circumstances” necessary to modify child support.  The Court found that, although the mother’s…

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Preparing for Dane County divorce.

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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…

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Divorce property division Can I sell property during divorce?

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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…

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Post-divorce bitterness as art?

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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…

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Damages in Wisconsin divorce /broken engagement?

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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,…

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Military benefits in Wisconsin divorce.

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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…

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