– from Rose Q. in Bayside, WI

Question Details:

My husband and I filed for a divorce and went through the property division making it fair and equitable. The court looked at both mine and my husband’s jobs for division; he is a contractor and I am a teacher. Just recently, I found out the school I am working for is closing down and I don't have a new job set up. I want the court to look over and divide our property again to make it fair as I am now at a loss for income. Is this possible?

Family Law Attorney Response:

After going over all the details you provided, I do believe there is a chance the court can divide your property again, in an appeal. In the case of Asbeck v. Asbeck, 116 Wis.2d 289, 342 N.W.2d 750 (Ct. App. 1983), it was decided that discretion generally rests on the shoulders of the trial court for property division. However, when a hardship is found, the statute provides that the court may divest the party of such property in a fair and equitable manner. Judicial discretion implies the exercise of a judicial value judgment based upon pertinent and relevant factual data.

The next step is to set up an appeal of the court’s property division. Give us a call so we can set up a consultation and decide what is the next step to go with.

Dan Exner, J.D.

Family Law Attorney

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