– 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 766.70, except that section 767.331 prohibits me from doing so. Is this constitutional?

Family Law Attorney Response:

Honestly, I would need a little more detail in order to provide you with the most adequate response. There is a precedent where the claim of section 767.331 being unconstitutional was dismissed by a court of appeals.

The case of Haack v. Haack 149 Wis. 2d 243, 440 N.W.2d 794 (Ct. App. 1989) saw this issue raised. It was in the midst of an appeal by her husband, who did not bring a full transcript of the divorce trial, and the wife, who was cross-appealing. The court of appeals dismissed both, the wife’s claim of unconstitutionality and the husband’s claim – affirming the decision of the trial court.

My advice is to contact a family law attorney right away to discuss the details of your case further.

Dan Exner, J.D.

Family Law Attorney

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