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Wisconsin Divorce Questions & Answers
2 Answers | Asked in Divorce and Family Law for Wisconsin on
Q: Is a home purchased before a marriage considered marital property?

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?

David Kowalski
David Kowalski
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

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1 Answer | Asked in Divorce and Family Law for Wisconsin on
Q: Badgercare after divorce as a health insurance?

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

Jane E. Probst
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Jane E. Probst
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

1 Answer | Asked in Divorce for Wisconsin on
Q: What are my options for divorce ? I have no job or money currently.
Jane E. Probst
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Jane E. Probst
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.

1 Answer | Asked in Divorce for Wisconsin on
Q: I was married moved out of the house and filed for divorce I want to know if I can go back in the house after leaving?

I went to the house on Saturday to get some more of my belongings in the locks were changed

Jane E. Probst
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Jane E. Probst
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.

1 Answer | Asked in Child Support and Divorce for Wisconsin on
Q: Child Support Payments?

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

Jane E. Probst
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Jane E. Probst
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

1 Answer | Asked in Federal Crimes, Divorce, Family Law and International Law for Wisconsin on
Q: Hauge convention act. Is there any lawyers in Wisconsin that has experience handling this kind of case

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

David Luther Woodward
David Luther Woodward
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...
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1 Answer | Asked in Divorce for Wisconsin on
Q: Wondering about my exhusband and what to do if he changed his life insurance beneficiary to his new wife?

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

Jane E. Probst
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Jane E. Probst
answered on Aug 21, 2023

If he has changed it, you need to file a motion for contempt.

1 Answer | Asked in Divorce, International Law and Family Law for Wisconsin on
Q: I'm mexican with a valid turist visa, I got married in SC, how can I get the divorce? he still lives in SC.

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

James L. Arrasmith
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James L. Arrasmith pro label 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

1 Answer | Asked in Child Support and Divorce for Wisconsin on
Q: My Ex doesn’t want me to get anything out of our divorce. We 2 kids and they live me. What can I do?

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.

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Feb 7, 2023

You need to file a Motion for a Temporary Order for custody and child support.

1 Answer | Asked in Divorce for Wisconsin on
Q: I’m thinking about divorcing my husband in 30 years. We’re both retired. Would he have to pay me maintenance?

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.

Jane E. Probst
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Jane E. Probst
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.

1 Answer | Asked in Divorce and Child Support for Wisconsin on
Q: Child Support: originally a 50/50 split between two kids. Now I have 85%. What is the best way to resolve this change

She lives in Minnesota and I live in Wisconsin with the kids.

Jane E. Probst
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Jane E. Probst
answered on Dec 5, 2022

If the children have resided in Wisconsin for six months continuously, Wisconsin Law should control.

1 Answer | Asked in Divorce and Family Law for Wisconsin on
Q: Will my marriage be void if I remarry out of state?

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

Jane E. Probst
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Jane E. Probst
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.

1 Answer | Asked in Criminal Law and Divorce for Wisconsin on
Q: I fled my husband 18 mo nths ago after several violent assaults. My husband has filed for divorce in WI claim abandonmen

What can I do to stop this lie? Can I prosecute him after 18 months? Can I get an order of protection?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 2, 2022

Your question appears to be, for the most part, questions of Wisconsin law, not Florida law.

1 Answer | Asked in Divorce for Wisconsin on
Q: If I paid half of the mortgage during our marriage am I entitled to half the gain in equity accrued during that time?
Jane E. Probst
PREMIUM
Jane E. Probst
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.

1 Answer | Asked in Divorce for Wisconsin on
Q: I married a man from Mexico 9 years ago. Almost 4 years ago I found out he is still married with children. Is ours valid

We've been separated almost 4 years now. He even has a girlfriend in Mexico along with his wifr

Jane E. Probst
PREMIUM
Jane E. Probst
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.

1 Answer | Asked in Divorce for Wisconsin on
Q: Will my wife receive the majority of the equity in our house? We live in Wisconsin.

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

Jane E. Probst
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Jane E. Probst
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.

1 Answer | Asked in Divorce for Wisconsin on
Q: Milwaukee Divorce. I have a trial upcoming via zoom and I am outside the US. Do I need to be on US soil for the call?

This is a zoom call trial.

Jane E. Probst
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Jane E. Probst
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.

1 Answer | Asked in Child Custody, Divorce and Family Law for Wisconsin on
Q: If I have 50/50 legal custody and 100% physical custody can their mom change the order and move away with kids?

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

Jane E. Probst
PREMIUM
Jane E. Probst
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

1 Answer | Asked in Divorce for Wisconsin on
Q: As poa can I stop his alimony if he is in prison

Can the poa get in trouble if I stop alimony payments while he is in prison

Jane E. Probst
PREMIUM
Jane E. Probst
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.

1 Answer | Asked in Child Support, Divorce and Family Law for Wisconsin on
Q: In Wisconsin, if no child support ordered, can my ex come back years later & make me pay variable costs?

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

Jane E. Probst
PREMIUM
Jane E. Probst
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

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