Can a WI court force me to leave my home during a divorce? | Sterling Law Offices, S.C. global $post;
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– from Justin I. in Wauwatosa, WI

Question Details:

My wife and I have been married for 13 years. We have two kids, ages 7 and 4. We decided to file a divorce. During the divorce, the family court commissioner entered a temporary order that physical custody of our kids and exclusive possession of our home should alternate every month. There has never been an issue of violence in the family and there has never been actual or threatened violence. I want to appeal this decision but I’m not sure if it is worth the money and time. What should I do?

Family Law Attorney Response:

First of all, it’s good to realize how much money and time an appellate court trial takes, especially for divorces. While we all want something, it is better to fiscally look at the options and decide if the risk is worth the reward.

Now looking at your question, it may be better to not appeal. In the case of Sandy v. Sandy, 106 Wis.2d 230, 316 N.W.2d 164 (Ct. App. 1982), the father decided to appeal the family court commissioner’s order based on no history of violence. The court of appeals ruled against him and affirmed the trial court judgment. The court said even if there is no actual or threatened violence between the parties of the divorce, Wisconsin law gives judges and family court commissioners the authority to order a spouse to vacate the home temporarily during a divorce action if the court determines it is in the best interest of a child or children.

I hope this answers your question. If not, give me a call and we can further discuss this.

Lawyer Jeff Hughes from Sterling Law Offices, S.C.
Jeff Hughes, J.D.

Managing Partner

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