I have been married for 3 years. I am considering a divorce. I purchased my home prior to my marriage. I have not added my husband to the deed or mortgage. Is the home considered marital property and is it subject to 50/50 division?
answered on Aug 29, 2023
In general, the home is considered marital divisible property. However, it is possible to request credit for the value of the home at the time of marriage as a deviation from the presumed equal division of assets. The shorter the marriage, the more likely that request will be granted. We would... View More 
Badgercare after divorce as a health insurance?
When I got divorced in 2011, I asked the judge to make me the provider of health coverage. I have physical custody of child. The legal father has chosen not to see child since divorce. And has had no contact. I have no clue if he has... View More
answered on Nov 27, 2022
It is considered acceptable to rely on Badgercare benefits yourpremiums for group health insurance coverage exceed 10% of your net disposable income. The State, on its own, may file a Motion to require the father to provide coverage for the minor children so as to reduce the cost to the tax... View More
answered on Nov 8, 2022
Depending on the length of marriage and disparity in earnings, you may be entitled to maintenance/support payments. You would need to file an Order to Show Cause for Temporary Order for a hearing for temporary maintenance. The Court will expect you to seek employment unless you are disabled.
I went to the house on Saturday to get some more of my belongings in the locks were changed
answered on Aug 15, 2022
Has there been a temporary Order entered awarding your spouse temporary use of the home? If not, you have the right to enter if you co-own the property. However, you may not engage in harassing behavior and must be respectful.
My spouse and I are going through a divorce and child support is having me pay to my children's dad as he has open benefits from the government (foodshare). He does not work and is waiting on social security which has been pending for 2 some years. My questions is, if we were to drop the open... View More
answered on Jun 10, 2022
If this is a Wisconsin case, I can respond. If it is a Minnesota case, I do not know the law in Minnesot since I am not licensed to practice law in that State. In Wisconsin, the State has an interest in the child support proceedings if a party is receiving State benefits. If the recipient is no... View More
I’m in Thailand. I’m trying to recover my children from USA the mother abducted them June 2021 I’ve been trying in the local courts in Thailand no luck I’ve been in contact for the last seven months with the US government for the hauge Convention act. Also the mother has been hiding the... View More
answered on May 12, 2022
The Hague Convention is useful in most situations, but you need a lawyer where the children are to file the appropriate action in the local court to determine.
But first, do you have a professional/lawyer in Thailand that is assisting you. If you don't, that you explain why things... View More
This is what our MSA states: LIFE INSURANCE. Effective as ofthe date of final hearing, each party shall continue to
maintain (a) the life insurance available through his or her employment and (b) the current
NML policies on their respective lives (which have present death benefits... View More
answered on Aug 21, 2023
If he has changed it, you need to file a motion for contempt.
I am a mexican with a valid turist visa in now staying in the state of Wisconsin, but i got married in South Carolina and my still husband resided there. I wanted to know if is possible to get the divorce from him, I mean I want to, but I do not know how because I am a turist. I lived in York SC... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 10, 2023
As a Mexican citizen with a valid tourist visa, you may be able to pursue a divorce in the state of South Carolina where you got married, even if you are currently residing in Wisconsin. Divorce laws vary by state, so it's important to understand the specific requirements and procedures in... View More
He is living in the house and I’m in section 8 living. He sees the kids about every other weekend. He doesn’t help with money or anything. He thinks I don’t deserve anything. Even his kids it seems. We have been separated over a year and I filed divorce papers last March.
answered on Feb 7, 2023
You need to file a Motion for a Temporary Order for custody and child support.
My husbands always made double the money that I have made as a teacher. I do have a pension which he has survival rights to. We live in the state of Wisconsin, which is a 50-50 state.
answered on Jan 23, 2023
Since this is a long term marriage, there would be a maintenance obligation. However, a monthly maintenance obligation can be bought out with a greater than equal award of the marital property, too.
She lives in Minnesota and I live in Wisconsin with the kids.
answered on Dec 5, 2022
If the children have resided in Wisconsin for six months continuously, Wisconsin Law should control.
I am currently getting my divorce finalized for the state of Texas. I spoke with a Texas attorney and was told I would have to wait 30 days to get remarried. I am fine with that. When I looked online for a Wisconsin marriage license, I saw that I would have to wait 6 months before I could get... View More
answered on Sep 18, 2022
If you are divorced in the State of Texas, the law of that State will apply. That would mean that the waiting period to remarry would be controlled by the laws of that State, not Wisconsin.
What can I do to stop this lie? Can I prosecute him after 18 months? Can I get an order of protection?
answered on Aug 2, 2022
Your question appears to be, for the most part, questions of Wisconsin law, not Florida law.
answered on Feb 15, 2022
Yes, if the home is a marital asset, the equity is deemed to be equally divided, unless there is a prenuptial agreement in place providing otherwise.
We've been separated almost 4 years now. He even has a girlfriend in Mexico along with his wifr
answered on Feb 8, 2022
If he was still legally married at the time you married him, your marriage is not valid. You will need an annulment.
Been married for 8yrs. Together for 15yrs. House was purchased and lived in by both of us for the last 13yrs. The title and mortgage was in her name initially due to my less than stellar credit at the time of purchase. We have since refinanced the home and both names are now on the mortgage and... View More
answered on Sep 27, 2021
If you have refinanced the mortgage in both of your names and made mortgage payments during the marriage, it has become a marital asset.
This is a zoom call trial.
answered on Sep 15, 2021
It is not necessary for you to be in the United States during a zoom hearing. You will simply need a reliable internet connection.
I have 50/50 legal custody and 100% physical custody. I got divorced September of 2020. Their mom does not take them overnight and rarely ever sees them. She now says she is moving to Arizona and wants the kids for the summer months. Is there a way she will be able to change the order and move away... View More
answered on Jun 10, 2021
No. She would need to file a Motion for Modification of Placement or you both would need to sign a Stipulation and Order for modification of the Order to allow her summer placement. She needs an Order of the Court. If she does not have the Court Order, she can not remove them without your... View More
Can the poa get in trouble if I stop alimony payments while he is in prison
answered on May 25, 2021
Depending on the language of the POA, the Attorney in Fact may file Motions on his behalf to terminate or hold open maintenance. The POA must specifically state that the Attorney in Fact has been awarded this power.
Per our marital settlement agreement (Wisconsin), there is specific mention as to no child support (we both have fairly equal income) and no mention of "variable costs" anywhere in our orders. It does state that all medical, dental, eye, etc. bills/premiums will be split equally. I sent... View More
answered on Apr 8, 2021
If you have shared physical placement of your children and hold open of child support since your incomes are equal, it is normally presumed that you share variable costs for the children, even if it does not specifically state so in the court order. You should be offsetting the variable expenses... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
