A temporary order in a divorce proceeding is especially helpful when there are contested issues. Think of a temporary order as the “rules of the game” during a divorce proceeding. Aside from limited situations, the soonest a divorce judgment may
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Initial Orders on Stipulations in Family Proceedings
In pending divorce proceedings, it is common for the parties to reach at least a partial agreement regarding physical placement, legal custody, child support, property division or maintenance while other matters remain unresolved. In that case, even though the parties…
Legal Separation vs. 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…
Termination of Parental Rights Proceedings
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…
Qualified Domestic Relation Orders in divorces. What are they and why they matter
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…
Financial Disclosures to the Court
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…
Modifying Custody and Physical Placement Orders
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…
Factors to consider when ordering Custody and Placement
When the court makes an order on custody and placement, all of its consideration must be related to the best interest of the child. The court is prohibited from preferring one parent over the other on the basis of sex…
Maintenance Termination and Hidden Assets
Terminating maintenance is a tall task for attorneys in Wisconsin because a termination of maintenance is permanent. To terminate maintenance, attorneys must show that the purposes or goals of maintenance, fairness and support, are no longer being accomplished under the…
Bar Fights and Third-Party Liability
You went out last night to have a few drinks and an out of control patron assaulted you causing you to incur thousands of dollars in medical bills—who is liable for your injuries?
Of course, the individual who assaulted you…