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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
DCF 150 has a broad definition of income and it's not clear if these would count as gross income for either the calculation of child support or any existing order that requires a reconciliation of support based on gross income.
answered on Mar 29, 2021
I do not believe tax refunds or federal stimulus payments would count as "income" for support calcuation purposes. Government benefits like food stamps, daycare assitsance, etc. typically do not either. This obviously isn't settled law as the stimulus payments are novel.
answered on Mar 21, 2021
You can file a Motion for Contempt, but the action is already done. If you have a conflict as to the religion in which you wish for your child to be raised, you should file a Motion with the Court.
so my dismissal was set for last March but the pandemic hit and the courthouse closed my question is since it was no fault of mine will I have to restart the whole process again?
My fiance has a bad auto debt with his ex-wife. She got the vehicle in the divorce. However, failed to make the payments. The account shows on my fiance's credit report as Charged-off with a $0 balance.
answered on Mar 4, 2021
Your fiance's premarital debt is her debt, and not yours. Any debt she brings into the marriage is hers. Absent a prenuptial agreement, any debt you accumulate during the marriage will be joint.
It was filed.. the dates were incorrect..
answered on Mar 1, 2021
It depends. If it was only a date, that, in and by itself, may not nullify a prenuptial agreement. To be a valid prenuptial agreement, each party must make full disclosure of his or her income, assets and liabilities. They must also have adequate time to review, preferably with the assistance of... View More
The document was so that I would not see my significant other with a questionable past. I am in the middle.of a divorce and it was written up at the request of the guardian ad litem for my children. The person is not a danger to my children but the court knows nothing about his past because it was... View More
answered on Feb 16, 2021
While a divorce is pending,it is normally considered bad form to introduce the children to a new significant other. If the Guardian ad Litem advised you not to have the children around them, I recommend that you do so, since the GAL's recommendation carries a great deal of weight with the... View More
answered on Feb 8, 2021
Just completing the paperwork is never as simple as people believe. Even if you are on good terms, there are many considerations that need to be taken into consideration such as retitling of property, calculation of support and custody and placement of children in some circumstances. It is always... View More
my husband left the marriage after 6 months. a few months later i met someone and had a baby. the baby is not my husband's who is asking for a divorce. why do i need to get a paternity test if the baby is not his?
answered on Jan 21, 2021
Yes. If a child is born to you while you are legally married to someone else, that child is presumed to be a child of your marriage. The marital presumption would need to be overcome by DNA testing and a paternity case should be filed, naming the biological father as the actual parent.;
my divorce attorney. Is there anything I can do?
answered on Dec 12, 2020
You could file a contempt motion against your ex. Most courthouses have clinics and you can find the forms online here: https://www.wicourts.gov/forms1/circuit/ccform.jsp?FormName=&FormNumber=&beg_date=&end_date=&StatuteCite=&Category=56&SubCat=Post-judgment
First we are considering a step-up custody plan and I make 3 times the salary he does. If we start at 70/30 I owe him $13 a month. But if he can complete a AA Program and a year of Soblerlink without drinking the custody plan will go to 50/50 and I would owe 825 to him a month. My question is will... View More
answered on Nov 11, 2020
If you agree to a change in child support or placement in the future, both of you can sign a Stipulation and Order for Modification and file it with the Court. By doing so, you both can avoid filing Motions and the need to appear at Court.
My girlfriend doesn’t see her children for unknown reasons as she has not told me why. She doesn’t have placement or custody and a no contact order with her ex (husband). My ex doesn’t want our kids around her because the kids have said she’s hit them and holds her hand over their mouths.... View More
answered on Nov 8, 2020
I would be concerned, as a parent, if your girlfriend does not have placement of her own children and a no contact Order with her ex. I can not say I blame your ex. If you have your children being physically disciplined by your girlfriend and you do not have knowledge as to why she has no... View More
Only paid interest on loans, not in my name, has filed for 10 year forgiveness plan
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.
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