| 20 entries found. Viewing page 1 of 1. |
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| May 14, 2010 |
| How Long Do You Have to Serve a Divorce Summons and Petition? |
| Posted By Graham P. Wiemer |
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In Wisconsin, the Petitioner has ninety (90) days from the date of filing to serve the Summons and Petition on the opposing party.
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| March 05, 2010 |
| What issues should be addressed in a Parenting Plan regarding placement? |
| Posted By Linda S. Vanden Heuvel |
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The following list is not all-inclusive, but does include a number of factors which should be given consideration in any parenting agreement:
Basic time sharing
Transportation
Who besides you and your spouse is allowed to provide transportation
Telephone contact wtih the parent not having placement
Email contact
Cell phone usage by the children
Holidays, birthdays, vacations from school
Mother's Day and Father's Day
Spring break, winter break
Religion
Church attendance
Where the children will go to school
College
Extra-curricular activities
Cost of extra-curricular activities
For example, see
www.supreme.state.az.us/dr/pdf/parenting_time_final.pdf
www.parentingplan.net
www.sharekids.com
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| December 15, 2009 |
| Harassment Restraining Order - Will I Automatically Have to Surrender My Firearms? |
| Posted By Christopher J. MacGillis |
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| No, if the court issues an injunction against you, the court has the authority to order that you are prohibited from possessing a firearm if it determines, based on clear and convincing evidence, that you may use a firearm to cause physical harm to another or to endanger public safety. |
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| December 14, 2009 |
| Harassment Restraining Order - What Can the Court Order the Respondent to do if an Injunction is Issued? |
| Posted By Christopher J. MacGillis |
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The Court can order the Respondent to do any of the following if it grants an Injunction against the Respondent:
1. Cease the harassment of the Petitioner;
2. Avoid the harassment of the Petitioner;
3. Avoid the Petitioner's residence or any premises temporarily occupied by the Petitioner or both.
4. Any combination of these remedies; and
5. Prohibit the Respondent from possessing a firearm if it is determined that the Respondent may use a firearm to cause physical harm to another or to endanger public safety. |
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| December 11, 2009 |
| Harassment Restraining Order - How Long Can An Injunction Be Granted Against A Respondent? |
| Posted By Christopher J. MacGillis |
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| Pursuant to Wis. Stat. Sec. 813.125(4)(c), a court cannot grant an injunction for more than four years. |
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| December 10, 2009 |
| Harassment Restraining Order - Does the Court Have to Contact the Respondent before Issuing a TRO? |
| Posted By Christopher J. MacGillis |
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| No. A Court can issue a TRO without notifying the Respondent. The Petitioner has the responsibility of notifying the Respondent and the local authorities. |
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| December 09, 2009 |
| Harassment Restraining Order - What Can the Court Order the Respondent to do if a TRO is Issued? |
| Posted By Christopher J. MacGillis |
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| The court can order the respondent to (1) cease any harassment of the petitioner, (2) avoid the harassment of the petitioner, (3) avoid the petitioner's residence or any premise temporarily occupied by the petitioner, and (4) any combination of these remedies. |
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| December 08, 2009 |
| Harassment Restraining Order - When Can the Court Extend a Temporary Restraining Order? |
| Posted By Christopher J. MacGillis |
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The court can extend a temporary restraining order under the following conditions:
(1) The parties agree in writing to the extension; and
(2) The court finds that the Respondent has not been served with a copy of the Petition although the petitioner has exercised due diligence. |
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| December 07, 2009 |
| Harassment Restraining Order - How Long is the Temporary Restraining Order in Effect? |
| Posted By Christopher J. MacGillis |
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| The temporary restraining order is in effect until the court holds an injunction hearing. The injunction hearing shall be held within 14 days of issuing the temporary restraining order, unless an extension is granted. |
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| December 04, 2009 |
| Harassment Restraining Order - How Much Does it Cost to File A Petition? |
| Posted By Christopher J. MacGillis |
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| If a proceeding is brought under Wis. Stat. Sec. 813.125 and does not allege domestic abuse behavior as listed in Wis. Stat. Sec. 813.12(1)(am)1-6 or stalking behavior in Wis. Stat. Sec. 940.32, the filing fee is generally $155.00. |
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| December 03, 2009 |
| Harassment Restraining Order - In What County can I File? |
| Posted By Christopher J. MacGillis |
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A person that is harassed can file a petition for a restraining order in the following counties:
1. the county where the petitioner resides
2. the county where the respondent resides
3. the county where the incident occurred |
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| December 02, 2009 |
| Harassment Restraining Order - What Type of Abuse Must be Alleged in the Petition |
| Posted By Christopher J. MacGillis |
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To obtain a temporary restraining order or injunction, the following type of actions must be alleged in the petition:
1. Striking, shoving, kicking, or subjecting another to physical contact or attempting or threatening to do the same;
2. Engaging in course of conduct or repeatedly committing acts which harass or intimidate another person and which serve no legitimate purpose;
3. Child Abuse under Wis. Stat. Sec. 48.02;
4. Sexual intercourse or sexual contact under Wis. Stat. Sec. 940.225; and
5. Stalking under Wis. Stat. Sec. 940.32. |
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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 24, 2009 |
| Divorce - Personal Property Dispute |
| Posted By Christopher J. MacGillis |
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How do parties resolve disputes over personal property in a divorce?
In most cases, the parties divide personal property without involvement from attorneys or the court. When parties cannot reach an accord on their own, they must hire a personal property appraiser to determine the fair market value of each piece of property. The values assigned to each piece of personal property will be considered when finalizing the division of all property. |
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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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| November 20, 2009 |
| What is Discovery? |
| Posted By Christopher J. MacGillis |
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Discovery is the formal process of obtaining information from other persons. For example, in a divorce, one spouse could request that the other spouse produce statements for his/her individual checking account and retirement accounts.
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| November 19, 2009 |
| What is a guardian ad litem in a family law case? |
| Posted By Lisa M. Vanden Heuvel |
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A guardian ad litem (GAL) is an attorney licensed to practice law in Wisconsin. A GAL is appointed by the court to represent the best interest of the child through the investigation of a case or court process. The GAL will investigate the facts of a case and provide a recommendation to the court on legal custody and placement issues that can not be resolved by the parties. The GAL is not the child’s attorney, but does represent the best interest of the child. |
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| November 19, 2009 |
| Wisconsin Program to Help Seniors with Prescription Drugs |
| Posted By Linda S. Vanden Heuvel |
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| SeniorCare is Wisconsin's prescription drug assistance program for Wisconsin residents who are age 65 or older and meet eligibility requirements. By making prescription drugs more affordable, SeniorCare makes it easier for seniors to obtain the medicine needed for a healthier life. Eligibility requirements include Wisconsin residency, 65 or older, $35 annual fee. For more information call the SeniorCare customer service hotline at 1-800-657-2038. Or visit www.dhs.wisconsin.gov/seniorcare |
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| 20 entries found. Viewing page 1 of 1. |
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Listen to 1470 WBKV AM on Friday mornings at 9am for Legal Talk with the Vanden Heuvel & Dineen, S.C. Law Firm. Call the station at 262-338-8622 or email your questions to questions@vhdlaw.com