Divorce is generally a source of a lot of stress. The cost of divorce is frequently at the top of people’s minds, especially when their children are involved. However, another pertinent cause for concern in the process is that of finances, and how costly the divorce itself will be. Unfortunately, there is no single answer … Read more
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? 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
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
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 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 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
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
The more you and your spouse are able to reach agreements in your divorce, the sooner you will be able to actually complete your divorce in Wisconsin. It takes a minimum of 120 days from the date of service of the divorce pleadings to the divorce date, assuming all issues are resolved, including custody and placement, … Read more
Although it is difficult to predict the total amount of your divorce attorney fees, the following are some of the factors that impact the total cost: Reviewing regular invoices from your divorce/family law attorney and communicating with your attorney about any questions or concerns will help keep you on track with the overall cost of your … Read more