Can I stay the enforcement of property division in Wisconsin? | Sterling Law Offices, S.C. global $post;
Call for Immediate Assistance - (262) 221-8123 Book My Consult

– from Patrick M. in West Waukesha, WI

Question Details:

I believe the court made a mistake when they made a decision concerning property division and I think that I can prove it. Can I request a stay of enforcement pending an appeal?

Family Law Attorney Response:

You may make a request for a stay of enforcement for property division, however, there are several things the court may ask for. One thing being evidence that you will introduce at the appeal. Second, a statement that lends support to your claim of error. If you cannot produce these things you may still appeal the decision, but a stay of enforcement may not be granted.

This is seen in the case of Leggett v. Leggett 134 Wis. 2d 384, 396 N.W.2d 787 (Ct. App. 1986). In this instance, proof and support was not produced, therefore a stay of enforcement was not granted.

I advise you to speak with a lawyer and discuss the specifics of your case to see what arrangements can be made.

Dan Exner, J.D.

Family Law Attorney

lexis-nexis-image lawyers-image justia-image hg-image findlaw-image avvo-image