Divorce Case Law Archives | Sterling Law Offices, S.C. Divorce Case Law Archives | Sterling Law Offices, S.C. global $post;
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Can a Divorce be Denied if it Causes a Financial Hardship?

Question Details: My husband and I have been legally separated for about a year now. We originally agreed to remain legally separated in order for me to stay on his insurance benefits. Now he wants the divorce to be finalized. Can I have this motion denied due to the...

When is state law not applied in to Native American reservations?

Family Law Attorney Response: Thank you for your question. If you need an attorney for representation in your divorce, call my office to set up a consultation. In the case of Jacobs v. Jacobs, 138 Wis.2d 19, 405 N.W.2d 668 (Ct. App. 1987), a party argued state law did...

Can a stipulation be set aside?

– from Edward T. in North Prairie, WI Question Details: My wife and I agreed to a stipulation that governs certain aspects of our divorce. However, after looking at the stipulation, I do not agree with it and want to have it set aside. Is there a strong...

Am I allowed to switch states for a trial?

– from Kelly H. in Sussex, WI Question Details: My husband and I filed for divorce in Idaho. However, recently I moved back to my parents’ house in Wisconsin. My husband and I met in school at Wyoming. I want to file this case in Wisconsin. Will this be allowed?...

What would happen if I pass away before the divorce is finalized?

– from Thomas A. in Muskego, WI Question Details: I currently have cancer and want to file for a divorce. If I die before the divorce is finalized, what happens? Family Law Attorney Response: Thank you for your question and I am sorry to hear about the situation...

Will the courts ever reopen a case based off a mistake?

– from Janet T. in Cudahy, WI Question Details: I know the trial courts have complete discretion in cases, but, if a case is decided based on a mistake, will the court ever reopen the case? Family Law Attorney Response: The court can reopen a case if a certain...

Am I allowed to refuse being served?

– from Earl H. in West Bend, WI Question Details: I believe my wife wants to serve me for a divorce, but I am avoiding my current residence. If I do get served, can I refuse it since I do not want to go to court? Family Law Attorney Response: Thank you for...

Can an attorney refuse to pay an expert after a case?

– from Joe X. in Vernon, WI Question Details: An attorney hired me as an expert witness to his case in a family court. After the judge ruled in favor of the opposing party, the attorney refused to pay for my services. Is he allowed to do this after losing a...

When do courts consider pension plans in marital estates?

– from Jennifer G. in Erin, WI Question Details: I know the court has the discretion to consider pension plans in marital estates during the division of property in a divorce, I am just curious as to what makes their discretion lean one way or the other?...

Is section 767.331 of the Wisconsin Statutes constitutional?

– from Anne O. in Jackson, WI Question Details: I feel that I have grounds to sue my husband. We are currently going through a divorce and I am appealing a decision pertaining to property division. I also feel that I have grounds to sue my husband under section...

Can I have a divorce stipulation set aside in court?

– from Frank Y. in Hartford, WI Question Details: My wife and I agreed on a stipulation that governs aspects of our divorce. However, after looking at the stipulation again, I do not agree with it and want it was set aside. Is there a strong chance I can have...

Can I take my husband to court for abuse after a divorce judgment?

– from Shirley Y. in Jackson, WI Question Details: My husband and I were recently divorced. During the proceedings, I decided not to bring up the fact that I was physically and emotionally abused during our marriage. I had my reasons why, but now I feel that I...

What happens in the event of conflicting expert testimony?

– from Stephanie H. in Merton, WI Question Details: I prefer not going into detail just yet, but I have a question about expert testimony. I am in the midst of a court case with no legal representation. I had an expert testify, and he came up with a statistic in...

I entered into a stipulation. Can I change my mind?

– from Jerry J. in Wayne, WI Question Details: My wife and I have agreed to a stipulation that covered every aspect of our divorce. We have agreed on pretty much everything. But now that the proceedings are about to begin, I want some things changed. This...

What is the true value of expert testimony?

– from Michelle N. in Shorewood, WI Question Details: I am just beginning a divorce. My husband owns, and has partnerships in, several real estate companies. I am a homemaker. I have looked over his statements and have come up with a fair value for our marital...

Can I change my mind about a divorce settlement before it is final?

– from Betty F. in North Prairie, WI Question Details: A few years ago, my husband and I decided to get a divorce. We went through most of the process, and I had agreed on a cash settlement instead of dividing the property. We ended up reconciling and did not go...

Can I appeal a judge’s decision on attorney’s fees?

– from Dorothy V. in Mukwonago, WI Question Details: My husband and I went through a divorce recently. After looking through all the required assets for the property division, the court decided to split the property 50-50. While I am not arguing the...

Can the court of appeals assign attorney’s fees?

– from Ryan U. in Sussex, WI Question Details: During my divorce, I was hoping to have my wife pay my attorney’s fees. The trial court did not award attorney’s fees. Can I appeal? Family Law Attorney Response: Thank you for the question. Attorney’s fees for...

Is a postnuptial agreement the last word in a divorce?

– from Emily J. in South Milwaukee, WI   Question Details: Before we got married, my husband and I agreed to a prenuptial agreement. After years of marriage, we decided to make a postnuptial agreement that nullified the prenuptial one. Soon after that...

How do I file for a divorce if my wife left the state?

– from Earl I. in Farmington, WI Question Details: My wife fled the state of Wisconsin after she found out I wanted a divorce. I still would like to file the divorce but I know Wisconsin does not have jurisdiction when she is not in the state. I found out she is...

How do the courts determine if a divorce settlement is fair?

– from Louise L. in South Milwaukee, WI Question Details: My attorney said my divorce settlement ended fairly, but I feel my husband is better off than I am. How do the courts determine whether a modification of divorce settlement is proper? Family Law Attorney...

What is the best way to give proper notice?

– from Marilyn G. in West Allis, WI Question Details: I am looking to file a divorce against my husband. He recently has been on the move and has no permanent address. I know in order for a divorce to occur, proper notice of a court date must be given. He told...

Am I still responsible for support during separation?

– from Steve U. in Genesee, WI Question Details: My wife and I just separated after 10 years of marriage. I am using the guest house in the back of the main house until I find another place, so I am technically still at the house. The separation is not amicable....

Can I get a divorce if I don’t know where my spouse lives?

Question Details: My wife and I split years ago. At the time, neither of us wanted to go through the divorce court hassle, so I guess that means, legally, we're still married. Problem is, now I want to get remarried but have no idea where my wife is. Do I still need...

Am I entitled to my ex-husband’s retirement money right away?

 – from Dorthy Q. in Bayside, WI Question Details: After 18 years of marriage, my husband and I filed for an uncontested divorce. The divorce decree states that I shall receive ½ of my ex-husband’s retirement. I’m not trying to sound greedy, I just want to...

Can you get a divorce if you’re pregnant?

 – from Lisa T. in Germantown, WI Question Details: I've already started the divorce process but just learned that I'm pregnant. What should I do? Can you still get a divorce if you're pregnant? Family Law Attorney Response: Congratulations on having a baby, and...

What if I can’t pay my marital debts?

 – from Christopher W. in Jackson, WI Question Details: I’m approaching the tough decision to get a divorce. I’m having a hard time paying my bills the way it is, and I have no idea how I’m going to come up with money to pay spousal support should I be ordered...

If my husband is in prison, is that enough to divorce him?

 – from Nancy X. in Slinger, WI Question Details: I would like to file for a divorce with my husband who is currently serving time in prison. He doesn’t want to go through with the divorce but I have had enough. We don’t have any children and we don’t own a...

If I decide to remarry, how long after divorce can I?

 – from Mark C. in Addison, WI Question Details: After a very long divorce process – what seemed like forever – I have officially been divorced for 4 months. I’m not quite ready to take the marriage leap yet but I was wondering if there’s a certain amount...

How can I be officially divorced without signing anything?

 – from George D. in Barton, WI Question Details: My ex called me the other day to inform me that the divorce was completed. I don’t get how it can be official since I never saw any documents and certainly didn’t sign any paperwork. Doesn’t there need to be a...

I was blindsided by divorce papers. How do I respond?

 – from Sandra H. in Waukesha, WI Question Details: I was rather blindsided with divorce papers. How do I respond? Family Law Attorney Response: First off, I’m sorry that you’re going through this. It must be difficult for you and your family. Thank you for...

Can I bring an abuse case against my husband after the divorce?

– from Christine M. in West Allis, WI Question Details: My husband and I were married for nearly a decade before arriving at the conclusion that divorce was the only option. I did not mention the physical or emotional abuse I suffered during the marriage at the...

Do I need to have a reason to get a divorce?

 – from Michelle Q. in Mukwonago, WI Question Details: Things aren't going well in our marriage. Can we just call it quits, or does one of us have to prove the other party violated the marriage agreement before we can get a divorce? Family Law Attorney Response:...

Do the court records from a divorce become public record?

– from Kevin T. in Delafield, WI Question Details: My wife and I have been married for nearly two decades. Within a few years of marriage we knew the marriage was bad, and we both started having affairs. Last year we finally decided to get a divorce. The...

Can I make my spouse move out after divorce papers are served?

 – from Gary Y. in Wales, WI Question Details: I just served my spouse divorce papers. The relation is not the most amicable and I want to know if I can force him to leave the house. He does not want to leave, but I can not stand the situation currently. Is...

What is the first step to get a divorce?

 – from Andrew R. in West Milwaukee, WI Question Details: I have been living apart from my wife since 2010. We now live in separate states and I want to get a divorce. Orignially when I left in 2010 it was a communicable separation.  We have no children and I do...

Who keeps the wedding ring in a divorce?

 – from Virginia S. in River West, WI Question Details: My husband and I have decided to file a no fault divorce. He is now requesting I give back to him all the jewelry he has given to me over the year as well as my wedding ring. I do not want anything from him...

Is there anything I can do to keep the costs of my divorce down?

 – from Dennis B. in Erin, WI Question Details: I'm going through a divorce and we do not have much. Other than our 3 children we have a savings with a few thousand and we each have a 401k through work. We live in Milwaukee county and are trying to avoid extra...

Is divorce the right choice or should we try a legal separation?

 – from Carolyn F. in Wayne, WI Question Details: Our marriage is not going well. My husband and I have talked about divorce, but we are unsure at this point. We live in Milwaukee, WI and we are unsure of the consequences for either a divorce or legal...