Family & Divorce

Posted on January 08, 2024 in Divorce
Spousal support, also known as alimony or spousal maintenance, is a common point of contention in divorce proceedings. In Wisconsin, spousal support is determined by different factors, including the length of time the couple was married, the amount of money each spouse is able to earn, and the standard of living experienced during the time the couple was married. Depending on what a spouse thinks they are owed for maintenance or
Continue Reading Top Three Reasons for Spousal Support Disputes in Wisconsin

The State Bar of Wisconsin Family Law Section is moving forward with seeking an amendment to Wis. Stat. chapter 767 to permit divorces to be granted without a final hearing. The proposed amendment language has been approved by the section board and circulated with key stakeholders in family law matters. We are in the process of seeking a bill sponsor and hope to have the bill introduced at some time in the next session. The Family Law Section Legislation
Continue Reading Amending Chapter 767: Divorce by Affidavit

Earlier this year, the Wisconsin Supreme Court again waded into the waters of termination of parental rights law in State v. A.G.1 The Court, in its decision, addressed whether, A.G.’s plea was knowingly, voluntarily, and intelligently entered, based on the circuit court informing him during the plea colloquy that the State would have to prove at disposition that termination of parental rights was in the best interests of his child by “clear and convincing” evidence. Wis. Stat. section
Continue Reading Burden of Proof: ‘A.G.’ and TPR Dispositional Hearings

The holiday season is a time when families can come together to celebrate and create lasting memories. However, for some people and families, the holidays can be a time of increased stress and tension. Unfortunately, this can sometimes lead to an increase in domestic violence incidents. Those who have been accused of domestic violence may face arrests and prosecution, and they will need to understand what steps they can take to address these issues and defend against criminal charges.
Continue Reading Is Domestic Violence More Common During the Holiday Season?

Can the court order a parent to submit to a drug test at the request of the other parent in a contested child-related issue?

Substance abuse issues, or allegations of substance abuse, are often at the forefront of family court cases, and can play significant roles in determining the custody and placement arrangements that are in the best interests of the children.

Wis. Stat. section 804.10 arguably grants the court the authority to make such an order:

When the
Continue Reading On the Family Court’s Authority to Order Parental Drug Tests

A postnuptial agreement, also known as a post-marital agreement, is a legal contract entered into by married couples after they have tied the knot. While prenuptial agreements are signed before marriage, postnuptial agreements are created during the course of the marriage. A postnup can detail how the division of assets and debts will be handled if a couple chooses to divorce or separate, and it may also address other financial issues, such as whether one party will pay
Continue Reading Can a Postnuptial Agreement Help Prevent a Divorce?

You might hear of people who are legally separated and wonder how that is different from simply being divorced. In Wisconsin, legal separations and divorces share a similar legal process, but the end result is differently. For example, in both cases the parties have to file petitions with the court. The court cannot enter a judgment in either case until 120 days have passed since the joint petition was filed or the non-filing party was served.

In Wisconsin, the
Continue Reading Legal Separation versus Divorce

Spousal support, also known as alimony or maintenance, is a common issue addressed in divorce cases. The purpose of spousal support is to bridge the gap between divorcing spouses and enable the lower-earning spouse to maintain a similar standard of living after divorce.
In Wisconsin, spousal support payments are determined on a case-by-case basis by considering various factors such as the length of the marriage, each spouse’s income and earning capacity, the age and health of both parties,
Continue Reading How Will Remarriage Affect Spousal Support Payments in Wisconsin?

A divorce can involve a variety of complex financial issues, including determining how a couple’s marital assets will be divided. These concerns can be especially consequential for business owners, and some of the most important aspects of this process will be related to determining the value of business interests. A proper business valuation is crucial for ensuring that marital property can be divided fairly and equitably. To address this issue correctly, a business owner or their spouse can work
Continue Reading How to Perform a Business Valuation During the Divorce Process

A proceeding to terminate the parental rights (TPR) of one or both parents is initiated by preparing and filing a petition, summons and a notice. The petition is the document that identifies the people involved, including the child, and the grounds to terminate the right of one or both of the parents. Think of “grounds” as the reason for filing the petition. The summons and notice are the documents in which the parents and other parties are notified of
Continue Reading Termination of Parental Rights Proceedings

If you have made the decision to file for divorce, you will need to address a variety of financial issues. The divorce process involves the division of assets and debts, as well as concerns related to financial support, retirement planning, and other issues that can affect your short-term and long-term finances. In addition to legal representation from a divorce attorney, it is often beneficial to seek guidance from a financial advisor as you work to legally
Continue Reading How Can a Financial Advisor Assist with the Divorce Process?

A Qualified Domestic Relations Order (QDROs) is a court order that divides an individual’s retirement plans between themselves and their former spouse. The order is presented to the plan administrator and instructs how the plan should be divided between the member and the member’s spouse, often referred to a “alternate payee”. The QDRO is required by the plan administrator in order for it to deviate from the requirement that the member receive benefits from their retirement plan and instead
Continue Reading Qualified Domestic Relation Orders in divorces. What are they and why they matter

In an action for divorce and any other family action, the parties are required to submit a full financial disclosure. The court is actually required by law to order the parties involved to file the disclosure. This disclosure includes all assets owned separately or jointly between the parties in a divorce. The statute defines “assets” as real estate, savings accounts, stocks and bonds, mortgages and notes, life insurance, retirement interests, interest in a partnership, limited liability company, or corporation,
Continue Reading Financial Disclosures to the Court

Moving forward after a divorce can be challenging, especially for parents who need to establish new living situations and determine how they will share the responsibility of raising their children. For divorcing parents in Wisconsin, it is important to establish positive co-parenting relationships, which will ensure that both parents can continue to play an active role in their children’s lives. While co-parenting may present its own set of challenges, with effective communication and cooperation, parents can make sure they
Continue Reading 7 Tips for Co-Parenting Successfully After a Wisconsin Divorce

When a Court enters a final judgment for legal custody and physical placement it can be very difficult to modify it within the first two years of the order. There is a preference to maintain consistency for the children and the family during that time. There is also a presumption that what the court ordered is in the child’s best interest so there is a high burden to show that it should be changed. There are two standards that
Continue Reading Modifying Custody and Physical Placement Orders

On June 15, 2023, the U.S. Supreme Court critically upheld the constitutionality of the Indian Child Welfare Act (ICWA) in a 7-2 decision written by Justice Amy Coney Barrett, in Haaland v. Brackeen.1

Indian community members, advocacy groups, and family law practitioners awaited the decision with bated breath since oral arguments concluded on Nov. 9, 2022.

The Haaland decision validates and protects adoption practices that preserve the heritage of Indian children. This decision further solidifies the relationship between
Continue Reading Implications of Haaland and the Indian Child Welfare Act