– 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 Response:

Thank you for your question. There are two different tests set and discussed in Young v Young, 124 Wis.2d 306, 369 N.W.2d 178 (Ct. App. 1985) revolving the modification of a divorce settlement.

The first test revolves around where the modification rests on factual determination. The test is whether that determination is contrary to the great weight of the evidence. The second test revolves around where modification rests on an exercise of discretion. The test is if there was an abuse of discretion. Regardless of what test is used, the burden of proof rests on the party alleging the error.

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If you have any more questions or want to set up a consultation, give me a call.

Dan Exner, J.D.

Family Law Attorney

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