| 20 entries found. Viewing page 1 of 1. |
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| August 31, 2010 |
| Maintenance - What are other factors the Court may consider? |
| Posted By Linda S. Vanden Heuvel |
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| Wis. Stat. Sec. 767.56 Maintenance provides a list of considerations the court should take into consideration in awarding maintenance. The last factor to be considered is "other factors as the court may in each individual case determine to be relevant." This other factor may include a relationship with another person on the date of divorce. While the court may not relieve a payor of maintenance based solely on the fact that the payee is cohabitating, if cohabitation enhances the recipient spouse's financial circumstances, then maintenance may be modified or terminated. Addictions may also be considered "other factors." Consider alcoholism, gambling, marital waste, etc. On the other side, significant health issues may be another factor. |
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| August 31, 2010 |
| Don't Confuse Gifted or Inherited Property with Property Brought to the Marriage |
| Posted By Linda S. Vanden Heuvel |
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| Wisconsin property division statutes Wis. Stat. Sec. 767.61(3) creates a presumption that the marital estate should be divided equally, except for properties shown to have been inherited or gifted. Inherited property is removed from the presumption entirely. Under 767.61(3) the presumption applies subject to a number of adjustments to all other property. One of the adjustments is (b) property brought to the marriage by each party. Property brought to the marriage by each party is subject to the presumption and it must be argued that an exception to the presumption should be made giving the property back to the client. Look to the length of the marriage and the work history of the parties in order to address property brought to the marriage. |
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| August 11, 2010 |
| School Records in Divorce Actions |
| Posted By Linda S. Vanden Heuvel |
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| The school records of minor children who are subjects of custody and placement actions are important to any determination by the guardian ad litem or social worker. It is imperative, however, that you send an authorization not only to the school for the academic records, but also a specific authorization to the guidance counselor. Records of the guidance counselor are generally not included in the general school file of a student. |
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| August 11, 2010 |
| Change of Substantial Circumstances in Divorce Actions |
| Posted By Linda S. Vanden Heuvel |
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| A substantial change of circumstances is fact intensive: "The term 'substantial change of circumstances' is well-known in family law. It focuses on the facts. It compares the facts then and now. It requires that the facts on which the prior order was based differ from the present facts, and the difference is enough to justify the court's considering whether to modify the order." Beaupre v. Airriess, 208 Wis.2d 238, 245-46 (Ct. App. 1997). |
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| August 10, 2010 |
| How to Find Out the Actual Earnings of a Specific Occupation to Assist in Maintenance Calculation and Imputed Income |
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An effective way to find out the earnings of a specific occupation is to visit the following internet sites:
http://stats.bls.gov//comhome.htm
www.acinet.org
ww.wageweb.com
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| March 10, 2010 |
| How can my spouse & I file divorce papers so that neither one of us individually initiated the action? |
| Posted By Lisa M. Vanden Heuvel |
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| In Wisconsin this can be accomplished by filing a Joint Petition for Divorce. With a Joint Petition both parties will be required to sign the document and each will be designated as a Joint Petitioner. The paperwork will need to be filed with the Clerk of Courts in the county where either of you (or both) reside. To file a divorce action you must be a resident of the State of Wisconsin for 6 months and a resident of your county for 30 days before filing. |
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| February 18, 2010 |
| My spouse and I are in the process of divorce and I am about to receive an inheritance. What part of that belong to my spouse? |
| Posted By Lisa M. Vanden Heuvel |
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| Property received as part of an inheritance are the individual property of the party receiving it as long as it is not commingled with the joint property of the party. |
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| February 15, 2010 |
| Will we still get divorced if my spouse will not agree that our marriage is irretrievably broken? |
| Posted By Lisa M. Vanden Heuvel |
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| In order to get divorce in Wisconsin only one party needs to testify that the marriage is irretrievably broken. In the eyes of the Court, if it is broken for one, it is broken for both. |
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| January 27, 2010 |
| Property division in a divorce |
| Posted By Graham P. Wiemer |
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Wisconsin is referred to as an "equitable distribution" state. Typically, the parties reach an agreement as to how assets should be divided. If the parties are unable to reach a settlement, the court will distribute the marital assets between the two parties in an equitable fashion. Equitable does not necessarily mean equal, but rather what is deemed fair and reasonable by the court.
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| January 19, 2010 |
| What is the difference between a divorce and legal separation? |
| Posted By Lisa M. Vanden Heuvel |
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| The process for both a legal separation and a divorce in Wisconsin is substantially the same. The main difference between the two is that with a legal separation you can not remarry. In a divorce action you may remarry after the required six month waiting period. |
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| January 14, 2010 |
| Jurisdiction for a Divorce |
| Posted By Graham P. Wiemer |
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| In the State of Wisconsin, a divorce action must be filed in the county where the person resides. The person filing for divorce must be a resident of the State of Wisconsin for more than six months immediately proceeding the filing, and a resident of the county where the divorce will be filed for more than 30 days prior to the filing of the action. |
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| January 04, 2010 |
| Termination of Marriage |
| Posted By Graham P. Wiemer |
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| In order to legally terminate a marriage, a civil action must be filed. Divorces and legal separations are civil actions to terminate marriages. They are very similar, but there are important differences. An attorney can help determining which is best for you. |
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| December 31, 2009 |
| COBRA coverage |
| Posted By Graham P. Wiemer |
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COBRA coverage usually refers to continued health insurance benefits taken by a former employee. We have likely heard this term lately, as many people struggle with obtaining health insurance after losing their jobs. Under the Consolidated Omnibus Budget Reconciliation Act of 1986 or "COBRA" businesses with 20 or more employees are
required to offer temporary
extended health care plans to employees and their families when coverage under the plan would otherwise end.
COBRA coverage doesn't only apply to termination of employment, however, as we often must address this issue in the context of a divorces, where one spouse traditionally provided the health insurance for the family, and a newly divorced spouse must obtain health insurance for him/herself. |
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| December 16, 2009 |
| Are you entitled to a portion of your spouse's Social Security benefit? |
| Posted By Lisa M. Vanden Heuvel |
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| If spouses are married for 10 years or more, then a spouse is entitled to half of the other spouses Social Security or his/her own, whichever is higher. The decision on which one to select can be made when the application for Social Security is filed. |
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| December 09, 2009 |
| Filing fees |
| Posted By Graham P. Wiemer |
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| Clients are sometimes surprised that filing motions and other court documents requires a filing fee. It's important to double-check the amount of a the filing before submitting documents to your county's Clerk of Courts. The filing fee varies from county to county and action to action. |
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| December 09, 2009 |
| How do you divide the animals in divorce? |
| Posted By Lisa M. Vanden Heuvel |
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| Dividing personal property is often difficult in a divorce. Dividing our animals is painful! The reason it is painful is because our pets become family members. While they may be family members to us, the court does not look at them that way. They are personal property that is either divided by the parties or they may be ordered sold and the proceeds divided by the parties. The moral of the story is . . . work it out. |
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| December 01, 2009 |
| How Does a Court Determine if a Spouse is Entitled to Maintenance? |
| Posted By Christopher J. MacGillis |
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A court will consider the following factors to determine if a spouse is entitled to maintenance:
1. the length of the marriage
2. the age and physical and emotional health of the parties.
3. the division of property made under s. 767.61.
4. the education level of each party at the time of marriage and at the time the action is commenced.
5. The earning capacity of the party seeking maintenance, including
educational background, training, employment skills, work experience,
length of absence from the job market, custodial responsibilities for
children and the time and expense necessary to acquire sufficient
education or training to enable the party to find appropriate
employment.
6. The feasibility that the party seeking maintenance can become
self-supporting at a standard of living reasonably comparable to that
enjoyed during the marriage, and, if so, the length of time necessary
to achieve this goal.
7. The tax consequences to each party.
8. Any mutual agreement made by the parties before or during the marriage,
according to the terms of which one party has made financial or service
contributions to the other with the expectation of reciprocation or
other compensation in the future, if the repayment has not been made,
or any mutual agreement made by the parties before or during the
marriage concerning any arrangement for the financial support of the
parties
9. The contribution by one party to the education, training or increased earning power of the other
10. Such other factors as the court may in each individual case determine to be relevant.
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| November 30, 2009 |
| Child Support |
| Posted By Christopher J. MacGillis |
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| How much child support does "Ms. X" receive if she has placement of her minor child every day overnight except that "Mr. Y" has placement every other weekend from Friday after school until Sunday at 3:00 p.m.? Generally, the answer is 17 % of Mr. Y's gross income. |
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| November 25, 2009 |
| In What County Should I File my Divorce? |
| Posted By Christopher J. MacGillis |
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| A divorce action must be filed in the county where the person resides. The person filing the divorce action must be a resident of the State of Wisconsin for more than six months prior to filing the action and a resident of the county where the action will be filed for at least thirty days. |
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| November 23, 2009 |
| Divorce - How long does it take? |
| Posted By Christopher J. MacGillis |
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After you file and serve the summons and petition for divorce on your spouse, parties have to wait at least another 120 days. While by law, a person may be divorced after 120 days, generally, it takes longer than 120 days to complete a divorce. Until both parties agree on all issues, or have a trial where the judge rules on each issue, parties cannot be divorced.
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| 20 entries found. Viewing page 1 of 1. |
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