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If you face interstate custody issues, contact Kowalski Family Law. We have noticed an increase in custody disputes between parents that reside in different states. This is most likely due to the fact that families are more mobile, and that parents are often moving for employment.   The Uniform Child Custody Jurisdiction and Enforcement Act is the source of law that applies to Wisconsin custody disputes. The UCCJEA is designed for the prevention of a parent…
Many use social media every day as a leisurely activity. However, if you are currently initiating the divorce process, it is important to be aware that the content on your social media profiles can be used against you in divorce litigation. Here are six tips on how to avoid your social media having a negative impact on your case outcome. One of these tips entails never writing a private message to someone “that you would…
A postnuptial agreement is a marital property agreement that plans the details of the division of assets in the event the marriage is dissolved. It works similarly to a prenuptial agreement. However, a postnuptial agreement is established after the marriage occurs, instead of before.  Wisconsin is a community property state. This means that marital property will be split down the middle (50/50) if a divorce occurs. If the spouses wish for a different arrangement, a…
Earlier blogs discussed options to manage legal custody and physical placement during a servicemember’s deployment.   If one parent is unavailable, legal custody and placement are left to the other parent, by default.   Therefore, if a parent is deployed, the children must remain with the civilian parent unless he/she is unfit. But what is the option if both parents are in the military and could be deployed at the same time?   Or if there is only…
Deciding whether or not to initiate a divorce is a devastating decision. If you come to the conclusion that divorce is the correct choice for your circumstances, access to reputable advice on maneuvering the process is important. Here are 54 tips from experts pertaining to the best ways to prepare for the divorce process. For experienced legal counsel throughout your divorce, contact Kowalski Family Law. Choosing the right lawyer is vital when the future remains…
Deployment is a fact of life for servicemembers. The member has little control over the timing or location, and in most cases, the spouse and children remain in the US. Until now, parents had few options to shape their child placement schedule in the event of deployment. However, a new Wisconsin statute provides greater flexibility. Wisconsin Act 20 (2021) grants parents the right to make “contingent” placement agreements, which had previously been prohibited. The judge…
The United Nation’s definition of violence against women is as follows: “any act of gender-based violence that results in, or is likely to result in, physical, sexual, or mental harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life.” Coercive control, which entails toxic and controlling behaviors toward a spouse, often poses as a precursor to domestic abuse incidents. Some are…
As discussed in an earlier blog, the Servicemembers Civil Relief Act (SCRA) grants servicemembers a “stay” or freeze of a divorce or child custody case until s/he can legitimately participate. Upon the servicemember’s request, the case must be suspended for 90 days. However, what happens if a real emergency makes a suspension unrealistic? Earlier blogs discussed various ways for the civilian spouse’s to dispute the request for stay and have the case heard earlier. See…
If your spouse hides assets during the divorce process, it is illegal. When a financial disclosure statement is filled out, one must sign it under oath. Therefore, lying on the financial disclosure statement is considered perjury under Wisconsin law. The Wisconsin Statutes specifically state, “complete disclosure of assets and debts is required by law and deliberate failure to provide complete disclosure constitutes perjury.” Failure to identify or properly value one asset could result in a…
If you are getting married, you will benefit from a prenuptial agreement. There are numerous reasons why this is the case.  Getting married involves a contract. However, that specific contract does not aid in planning for what will happen if your partnership is dissolved. Here are three basic reasons why everyone needs a prenuptial agreement. For experienced representation that will ensure your assets are preserved, contact Kowalski Family Law. We will help you craft a…