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Marital Property and Wisconsin Divorce

If you are in the midst of divorce or legal separation in Wisconsin, you have probably heard the phrase, “Wisconsin is a community property state.” This means that, by default, the Wisconsin Court will divide marital property equally…

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Valuation of Assets in Wisconsin Divorce and Legal Separation

As part of any Wisconsin divorce or legal separation process, there will be a need to divide marital property between you and your spouse. Whether you are seeking a divorce or a legal separation, there is a presumption…

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Property Division in Wisconsin Divorce

Many questions arise from property division in Wisconsin divorce. Clients often wish to retain possession of certain items of personal property, from furniture to bank accounts to pets. Sometimes, people have an idea that property should be divided in…

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Wisconsin divorce-do I get half the property?

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…

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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…

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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,…

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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…

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Military benefits in Wisconsin divorce

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…

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Pets as “property” in a Wisconsin divorce?

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.  …

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Wisconsin divorce compensation to wife for failure to have sex?

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…

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