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Wisconsin Divorce Questions & Answers
1 Answer | Asked in Divorce for Wisconsin on
Q: Married 11 years - spouse student loans excess of $90K incurred prior to marriage. 50/50 split of this debt if divorce?

Only paid interest on loans, not in my name, has filed for 10 year forgiveness plan

Jane E. Probst
Jane E. Probst answered on Oct 27, 2020

If they were incurred prior to the marriage, these debts are not normally considered marital debt, absence some finding of hardhship to the court.

1 Answer | Asked in Child Support, Divorce and Family Law for Wisconsin on
Q: My husband of 21 yrs walked out on me & our daughter. Shocked. Didnt see that coming. Can I get 21 yrs alimony ?

I supported us over half our marriage. We decided I would stay home as I'm just about disabled. To care for our daughtr, home and dog. He would go to school for nursing after 1st yr. I would go to school. He finished his first yr as a RN. He literally walked out on us one day and moved in... Read more »

Jane E. Probst
Jane E. Probst answered on Oct 25, 2020

I am so sorry that you are going through this. The duration and amount of maintenance depends on numerous factors, including need and ability to pay. To determine the amount, his income would also be known. A 21 year marriage is considered a long term marriage. Maintenance could be limited term... Read more »

2 Answers | Asked in Divorce for Wisconsin on
Q: Is money to be split 50/50 until divorce is final
David N. Iancu
David N. Iancu answered on Oct 25, 2020

There are many factors that a court will use to determine how parties share income or assets while a divorce is pending. Presumptively, all assets are marital and shared until the divorce is final, but the court has the authority to deviate from that on a temporary basis.

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2 Answers | Asked in Divorce for Wisconsin on
Q: Can my soon to be ex husband take me off his life insurance and add girlfriend as primary before divorce is final?
David N. Iancu
David N. Iancu answered on Oct 20, 2020

No, that is generally a prohibited action. You should consult with an attorney to consider filing a motion for contempt/for relief to stop it.

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1 Answer | Asked in Divorce for Wisconsin on
Q: My divorce has been going on since 2016 as far as I knew we had came to agreement on everything

Now when I look at ccap it says contested divorce now I’m not sure why or what that means

David N. Iancu
David N. Iancu answered on Oct 2, 2020

That typically means that your case is set for trial. Feel free to reach out and we can help you figure that out.

1 Answer | Asked in Divorce for Wisconsin on
Q: I have concerns the lawyer I hired is unable to maintain impartiality in my divorce case. I don’t know what to do.

She is communicating regularly with my husband to obtain information but he is uncooperative and unwilling. He is spending our joint checking and savings at will. He does not have his own attorney.

David N. Iancu
David N. Iancu answered on Aug 13, 2020

If you do not have confidence in your current counsel you should consider a new attorney. You have the right to change lawyers at any time. There is a fairly simple procedure for changing lawyers.

1 Answer | Asked in Child Custody and Divorce for Wisconsin on
Q: I am involved in a custody case and have a question about GAL

I’m in a custody battle with my husband. There was an allegation of child abuse and a report filed with cps against me. It was made by a former friend of mine a few months ago. In addition there has been a guardian ad litem assigned to the court case. Will the guardian interview the individual... Read more »

Jane E. Probst
Jane E. Probst answered on Aug 12, 2020

Often, the witnesses in a CPS investigation are required to be confidential. If the allegations are unsubstantiated, the GAL can disregard the CPS allegations. If you make the witness known, the GAL can interview. However, the best manner in which to address this in the family court matter is to... Read more »

2 Answers | Asked in Divorce, Family Law and Child Custody for Wisconsin on
Q: Can my soon to be ex husband say who I can have around my kids when they are with me??
Maureen Black
Maureen Black answered on Jul 28, 2020

If there is no court order prohibiting certain individuals from being around the kids then your ex husband has no say in that. He can file a motion seeking such an order, though.

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2 Answers | Asked in Child Custody, Divorce and Family Law for Wisconsin on
Q: At commissioner hearing mother was awarded sole custody does father still have any rights?
David N. Iancu
David N. Iancu answered on Jul 25, 2020

Yes. Custody is decision making power and does not affect rights to see a child, for example.

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1 Answer | Asked in Divorce for Wisconsin on
Q: I think my husband is filing for a divorce. His name is on the deed of the house. What are my rights to the house?
David N. Iancu
David N. Iancu answered on Jul 2, 2020

Wisconsin is a marital property law state. Even if your name is not on the deed, the home is preemptively 50/50. There are factors that can change that, of course and discussing with an experienced family lawyer makes sense in this situation.

2 Answers | Asked in Divorce for Wisconsin on
Q: Divorce decree states ex must refinance home to get in her name only. My name no longer on deed but still on mortgage

It has been 2 years and still not done. Do I nees to hire an attorney to help make her do this?

David N. Iancu
David N. Iancu answered on Jun 30, 2020

You need to file a contempt motion and seek that the court and force your court orders. An Attorney can certainly be helpful to make sure it is done properly and timely, but you don’t “need“ an attorney.

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1 Answer | Asked in Divorce for Wisconsin on
Q: I need a quote on a non contested divorce. There are some complications that stop me from being able to do it online.

Have been married for 10 years, separated for 9. I have another child in which my spouse is not the father. I was told i need a divorce in order for me to establish paternity for the baby. Other wise, all other issues are non contested.

David N. Iancu
David N. Iancu answered on May 8, 2020

Please contact our law firm at (414) 453-0800 if you'd like a quote.

Karp & Iancu

1 Answer | Asked in Divorce for Wisconsin on
Q: I am living with a man who is still married but separated, in my house,does his ex have any rights to move in?
David N. Iancu
David N. Iancu answered on Apr 11, 2020

No, his wife does not have the right to move in to your home in this situation.

1 Answer | Asked in Divorce and Immigration Law for Wisconsin on
Q: I was divorced by my USA Citizen spouse. I did not participate in the court proceedings. Can I enforce I-864 at all now?

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Amanda B Cook
Amanda B Cook answered on Mar 16, 2020

A couple of things on this, even though I have no real good advice for you in your current situation, but just because others may read this.

First - divorce proceedings are mandatory. You can't just "choose" not to participate in court proceedings in the United States (or...
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1 Answer | Asked in Divorce for Wisconsin on
Q: Granted a divorce and in the divorce decree was an order for the ex (who was granted the house).

Court order states that ex pays me a marital settlement in 3 months or the marital home goes up for sale and profits used to pay settlement. The house sits and the ex is incognito (currently has a nationwide warrant for no child support). He is off the grid. I want to get a court date for contempt... Read more »

David N. Iancu
David N. Iancu answered on Jan 1, 2020

This is an interesting and complex question. There are so many more details needed to give you an accurate answer. Strongly recommend consulting privately with an attorney so he/she can review your divorce judgment, financials, etc.

1 Answer | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for Wisconsin on
Q: Do I need representation for DV initial court appearance, the one within the 72 hours no contact?

My wife hit me and I have a black eye, I pushed her off of me and left the house. She called PD and they issued a warrant for me. She said I punched her and that she didn't hit me at all. Now I'm being charged. Court is tomorrow 10-30-19

Gary Kollin
Gary Kollin answered on Oct 29, 2019

I you feel you can represent yourself and obtain a reasonable bond, then you can take the chance.

You will eventually need one, so why not start now?

1 Answer | Asked in Bankruptcy, Divorce and Business Law for Wisconsin on
Q: After 35 years of marriage my parents are going through a divorce that's very complicated due to owning many businesses.

These businesses are supported financially by the others during the off season. They have a substantial amount of debt that is personal and the businesses. My father wants to file bankruptcy right away before trying to sell assets and my mother does not agree with him. He wants to keep one business... Read more »

Timothy Denison
Timothy Denison answered on Oct 20, 2018

This is such a complex question with so many variables that it is impossible to properly answer here. It depends on whose name and how assets and liabilities are held as to what the proper action. Each can file separately if necessary, but generally speaking both parties are best served by filing... Read more »

1 Answer | Asked in Child Custody, Child Support and Divorce for Wisconsin on
Q: Were can I find legal aid in manitowoc Wisconsin for divorce and custody and support payments my husband took it all

I have no access to bank account because he never added me and put our house only in his name and us emotionally abusive and was at times physical abusive I have no access to funds he took everything away from me would not let me wrk because he didnt want to loose state insurance or food stamps... Read more »

T. J. Jesky
T. J. Jesky answered on Sep 12, 2018

Try contacting: Calumet/Manitowoc Public Defender Office, 933 South 8th Street, Ste. 102 Manitowoc, WI 54220-4534, Phone: 920-683-4690

1 Answer | Asked in Divorce for Wisconsin on
Q: My husband and I have been married for 23 years he filed for divorce he makes $68,000 p/yr

I have been unemployed for three years do to us moving around because of him changing jobs all the time I do not have a college education he does. He also has taken all the money out of our joint account and opened up his own account. He has left me penniless and our lease was just up September 1st... Read more »

T. J. Jesky
T. J. Jesky answered on Sep 12, 2018

With 23 years of marriage, you are entitled to more to a hefty divorce package. First, you are still entitled to all of the money he took out of the joint account. Since you are still married, he is required to pay for your essentials, e.g., housing, food, healthcare, etc.

Don't...
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1 Answer | Asked in Child Custody, Child Support, Divorce and International Law for Wisconsin on
Q: Got married in Italy, trying to get a divorce and solve child support issues. International lawyer needed
Richard Sternberg
Richard Sternberg answered on Apr 4, 2018

I don't mind the work, but I'm willing to bet before interviewing and researching it that the non-custodial spouse is in a country that is a signatory of the Hague Convention. You need a lawyer in the jurisdiction where the custodial parent and the children live. The child support formula... Read more »

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