What is a parenting plan?

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What is a parenting plan? A parenting plan is a written document detailing what placement schedule each parent believes is in the best interest of the children. In a case where legal custody and/or physical placement is contested, a party seeking legal custody or periods of physical placement must file a parenting plan before any pretrial conference. A party required … Read more

My spouse says I have to move out now. Who decides who gets to live in the house while the divorce is pending?

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My spouse says I have to move out now. Who decides who gets to live in the house while the divorce is pending? If you and your spouse cannot reach an agreement regarding which of you will leave the residence during the divorce, the judge or family court commissioner will decide whether one of you … Read more

My spouse has told me she will never “give” me a divorce. Does that stop me from obtaining a divorce in Wisconsin?

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No. Wisconsin does not require that your spouse agrees to a divorce. The judge, not your spouse, grants your divorce. Under Wisconsin law, to obtain a divorce you must state under oath that your marriage is “irretrievably broken.” This is a legal term meaning that there is no possibility of reconciliation between you and your spouse. … Read more

What is my first step if I decide to retain an attorney to start my divorce?

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What is my first step if I decide to retain an attorney to start my divorce? If you decide to retain an attorney, locate a law firm that regularly handles family law issues as part of its law practice. Your divorce is important. You do not want to choose a lawyer who is unfamiliar with divorce trends, procedures, and … Read more

Is a Divorce Attorney Required for Representation in Wisconsin?

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Am I required to be represented by an attorney in order to obtain a divorce in Wisconsin? No. You are not required to retain an attorney to obtain a divorce in Wisconsin. However, if your case involves child- custody or child placement issues, maintenance, or significant property or debts, you should carefully consider whether or not it is in … Read more

What is the Wisconsin Divorce Process?

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What steps are taken during the divorce process in Wisconsin? If you are initiating the divorce, the divorce process in Wisconsin typically involves the steps listed  below: Find a Reputable Divorce Attorney Provide Requested Information to your Attorney Your service options Temporary hearing if no agreement is reached. Review facts, strategy and develop a proposal for settlement. … Read more

Income Tax Exemptions – Who is awarded?

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Income Tax Exemption is Generally Awarded to the Custodial Parent A parent can claim the dependency exemption for a child if the child lived with the parent for more than one-half of the tax year. IRC 152(c)(1)(B) As a result, unless there is an agreement or court order otherwise, the parent with primary placement is … Read more

Physical Placement and Legal Custody in Wisconsin

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Under Wisconsin law, there are three types of child custody: joint legal custody, sole legal custody, and a combination of the two. There are three types of physical placement: primary physical placement shared physical placement, and split physical placement. LEGAL CUSTODY IN WISCONSIN If you are awarded legal custody, you have the right and responsibility … Read more