Kowalski Family Law

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I have often spoken and written about the vital importance of military spouses and their divorce lawyers ensuring that divorce judgments dividing military retired pay are properly and completely executed. The recent Wisconsin Court of Appeals case of Schwab v. Schwab 20 Ct App 40 is yet another example of the serious consequences when this is not done. A couple divorced in 1992, and the non-military wife was awarded a portion of the servicemember husband’s…
The first two blogs in this series addressed a request for a stay in a divorce, and a potential default judgment. This blog #3 will discuss how the civilian spouse can oppose a request for stay. A stay (or pause) in the case may cause serious problems for the spouse. Lack of child or spousal support, failure to pay debts, and disputes over child-related decisions could be unresolved for quite some time. Therefore, the spouse…
Previous blogs addressed the SCRA’s protections for the servicemember in a Wisconsin divorce or family court case. This blog will discuss ways for the non-military spouse to oppose a request to delay the case. Although the SCRA is designed to protect the member, it cannot be a license to delay a case indefinitely. The spouse also has a right to at least a reasonably timely resolution. Recall that in order to receive the stay, the…
Blog #1 in this serious addressed the background of the Servicemembers Civil Relief Act (SCRA)  and the servicemember’s ability to request a stay, or pause, in a divorce or family law case. Blog #2 will discuss the possibility of a default judgment against the servicemember if he/she does not participate in the case at all. The available stay under the SCRA does not last forever. If the member does not participate, the spouse can obtain…
Blog #1 in this serious addressed the background of the Servicemembers Civil Relief Act (SCRA)  and the servicemember’s ability to request a stay, or pause, in a divorce or family law case. Blog #2 will discuss the possibility of a default judgment against the servicemember if he/she does not participate in the case at all. The available stay under the SCRA does not last forever. If the member does not participate, the spouse can obtain…
Blog #1 in this serious addressed the background of the Servicemembers Civil Relief Act (SCRA)  and the servicemember’s ability to request a stay, or pause, in a divorce or family law case. Blog #2 will discuss the possibility of a default judgment against the servicemember if he/she does not participate in the case at all. The available stay under the SCRA does not last forever. If the member does not participate, the spouse can obtain…
Blog #1 in this serious addressed the background of the Servicemembers Civil Relief Act (SCRA)  and the servicemember’s ability to request a stay, or pause, in a divorce or family law case. Blog #2 will discuss the possibility of a default judgment against the servicemember if he/she does not participate in the case at all. The available stay under the SCRA does not last forever. If the member does not participate, the spouse can obtain…
The Servicemembers Civil Relief Act (SCRA) is a federal law that can have important consequences in a Wisconsin divorce case. All family lawyers handling divorce, paternity, or child-related matters should be aware of at least the Act’s basic rules. I will dedicate a series of blogs on this topic to clarify the Act. The first version of the Act was created during World War II, then updated in 1991 and 2003 The Act applies to…
The Servicemembers Civil Relief Act (SCRA) is a federal law that can have important consequences in a Wisconsin divorce case. All family lawyers handling divorce, paternity, or child-related matters should be aware of at least the Act’s basic rules. I will dedicate a series of blogs on this topic to clarify the Act. The first version of the Act was created during World War II, then updated in 1991 and 2003 The Act applies to…
The Servicemembers Civil Relief Act (SCRA) is a federal law that can have important consequences in a Wisconsin divorce case. All family lawyers handling divorce, paternity, or child-related matters should be aware of at least the Act’s basic rules. I will dedicate a series of blogs on this topic to clarify the Act. The first version of the Act was created during World War II, then updated in 1991 and 2003 The Act applies to…