Divorce Lawyer Consultations – What You Need to Know

When you are finally decided to end your marriage, the first thing that you need to do is to talk to a lawyer. It is important that you go through the process of divorce consultation before you take any legal step. It must be noted that anything you do involving the...

What is unjust enrichment in law?

Unjust enrichment is a legal term used to describe an action where a person benefits or is unjustly enriched, at the expense of another person or entity. This type of term can be used in many different legal cases including criminal acts, contract disputes or similar...

Is restitution an equitable remedy?

Restitution is not always an equitable remedy. If the money and/or property in question can be traced back to the defendant, it is equitable. In this case, a constructive trust will be set up or the court will place an equitable lien on the defendant. Jeff Hughes,...

How long does it take to get a marriage license in Wisconsin?

Once an application has been submitted to the county office in which you reside, there will be a mandatory six-day waiting period before the marriage license is issued. These six days will not include the weekends and federal holidays. In most cases, the day in which...

What is sole custody?

Sole custody is where one parent is rewarded both legal and physical custody of the child. The other parent may be able to visit the child, but he or she does not have any custody rights. The non-custodial parent is also unable to make decisions for the child. Trisha...

What should men wear to divorce court?

Depending on the nature of the divorce, men might want to wear business casual clothing to court. This includes clean clothes, neutral colored dress clothing, and dark shoes. If the divorce proceedings are expected to be contentious, then business casual clothing is...

What is meant by equitable relief?

This is a judgment that does not involve money. It is an order to do or refrain from doing something when an amount of money is not sufficient to repair the injury or the damage that has taken place. Holly Mullin, J.D. Family Law...

What is a proprietary remedy?

A proprietary remedy is a legal action that allows a person making a claim against a defendant to take goods instead of a cash award because the defendant is insolvent. This is generally used during bankruptcy proceedings when a claimant is trying to recover financial...

Is common law marriage (Cohabitation) legal in Wisconsin?

Common law marriage, or cohabitation, is not recognized in Wisconsin. It does not matter how long the couple has lived together. The circumstances surrounding the cohabitation do matter either. A common law marriage is not considered a legal marriage. Holly Mullin,...

Leaving Toxic Spouse, Run! Don’t Walk.

If there is one thing that you need to always remember, it is to avoid toxic people in your life. The secret to having better and happier days is to spend your time with people who do not give you stress and cause your depression. Whenever you feel that the person you...

Once Child Support Is Determined Can It Be Appealed?

If you are planning to get a divorce against your partner, there is a need to take note of some important legal matters that need to be included in your complaint or adjudicated in a separate action. Your focus must not only be with the dissolution of the marriage but...

Addressing The Unexpected During A Divorce Proceeding

Divorce can be stressful for the couples. There are so many things that they need to do before the court can issue a decree for absolute divorce. A large aspect of their lives will be affected by their decision to finally end the marriage. During the pendency of a...

The Hidden Dangers Of Fighting Around The Kids During a Divorce

In every marriage, having confrontations and fights is normal. There will always come a time in a relationship when the parties will disagree at a certain matter or will have different views about particular things. As long as parties do not harm each other,...

Leaving Your Ex And The Family Business

Married couples usually engage in business or make investments together. It is the most practical way of improving their finances and ensuring that they have sufficient money for the needs and wants of the family. This arrangement is beneficial to the spouses since...

Keeping Self Esteem Intact Divorce

When you go through a divorce, you will start to ask a lot of questions about yourself. You may wonder what is wrong with you or your personality which probably caused the separation with the other spouse. There will be days when you will lose your self-esteem and...

Affidavit Status of A Minor Child

Divorce is not an easy process to go through. It involves examination of the existing laws and legal technicalities that will affect your case. This is why the advice of good lawyers in Brookfield is highly needed. When it comes to ending the marriage, there are many...

Property & Debt Division: Basic Elements

It is sometimes confused that in Wisconsin, all property and debts will be divided evenly and equally. Sometimes, depending on the specifics of the case, it can happen. Although, most often, it is not the case. There are numerous elements which factor into a court’s...

Recordings and New Evidence

When it comes to the world of law and order, two things should be considered loaded and dangerous at all times: firearms and microphones. In criminal prosecution and defense, a “smoking gun” can mean the difference between a long stay at the Big House, or going to...

GPS Phone Tracking Does not Violate Constitution

A recent ruling by 11th U.S. Circuit Court of Appeals on May 5, 2015, has countered a ruling made by the United States Supreme Court during Riley v California in 2014, stating that law enforcement had to produce warrants to be able to search the digital information of...

Managing Data Protection

Within any company or organization, information management is critical to its success. Accounting for any data which has been distributed or broadcast outside of the realms of policy control is sometimes very problematic. Legal departments within these corporations...

Focused Marketing

Marketing can sometimes be a widespread endeavor. However, all too often marketing efforts become thinly spread in order to cover numerous areas. This is sometimes proven to be wasteful of efforts, and provides little in return. Focused marketing methods ensure that...

Word of Mouth & Recommendations

Marketing your firm can be a structure all unto its own. There are many formulas one could use in marketing applications, however, when it comes right down to it – it is sometimes more art than science. One heavily overlooked resource, is word of mouth. It is a review...

Marital Property: The Item by Item System

Marital property is subject to a one half interest for each spouse in terms of the marital property. This means that each spouse has a one-half interest in every item of marital property, not that they have one half interest in the total aggregate of marital property....

Stipulated Divorce 6: Hearing (A)

In the state of Wisconsin, a stipulated divorce hearing is generally a better outcome for all parties in involved. Similar to an “uncontested divorce” in other states, it involves both involved parties writing up and signing a divorce stipulation on their own....

Property & Debt Division Continued

In cases of divorce, each party may have questions regarding the division of property and debts. Here, we continue going over some of the more sought after answers regarding division, and clarify some of the processes and inner workings that go into a court’s final...

Stipulated Divorce

During stipulated divorce proceedings, once it has progressed beyond the subjects covered in Stipulated Divorce 6: Hearings (A), the court may then see fit to examine both parties in an attempt to establish whether both have voluntarily entered into the proposed...

How to turn Web Traffic Into Clients

For many firms, driving traffic to their website is a top priority. However, what happens once they get there? By monitoring your websites bounce rate, you can calculate your conversion rate based on how many new clients you gained in a month – as opposed to how many...

Psychological Development

Children are expected to follow a set of rules and adhere to a certain behavior. You should try not only explaining these expectations to your child, you should also try demonstrating them, as well. For example, if one of your children bites another child, you of...

Knowing Yourself: Assessing a Problem From Within

When it comes to improving marriage communication, sometimes we look past the place where the actual issues lie, and begin searching them out somewhere they do not exist. This means that we search for the source of our marital issues somewhere they are not. This...

Cybersecurity: Opportunities: Challenges

Privacy and data security concerns have flooded the news lately with stories about large department stores databases being breached and customer’s private information being leaked; social security numbers and credit card information.  Security breaches are occurring...

Who is the Legal Beneficiary?

Question Details: My husband was married once before, and divorced by stipulation. The stipulation stated that his daughter would be the beneficiary of his life insurance. This was many years ago. Before he died, he changed the beneficiary of his life insurance to me....

Learning to Work Together Again: Starting Fresh

Learning to work together. You may believe that you already know how to work as a team, it is your spouse who has the issue. You may believe that this truth is unavoidable, and not open for debate. If this is the case, the issue more than likely, at least in part,...

Fundamental Communication: A Fresh Take

Marriage communication is the foundation to a successful marriage. As many marriages begin to progress through the years, some start to forego the niceties. This is attributed to the passing of time, and becoming more comfortable around each other. Although, this...

Even More Effective Marketing Solutions

Effective marketing solutions for your law firm can set your firm aside from other local firms. They can make your firm stand out and become more noticeable, putting you in the forefront of conversation when it comes to representation. An effective model for...

Self-Assessment: A Look at our Approach

A self-assessment does not mean that our methods are not working or that as parents, we are broken. It is simply a great exercise to perform on a regular basis in order to ensure that our methods remain sharp, and our feet stay on the correct path. We each decided...

Self-Assessment: A Look at our Actions

Assessing our own actions can sometimes be a very difficult undertaking. The reason for this is because it is sometimes difficult to see our own faults. It is sometimes difficult to see where we need to improve. Seeing areas of weakness is something that, as parents,...

Self-Assessment: Beginning Again

Sometimes when we finally go through a self-assessment, we may find that we need to have a fresh start. Beginning again doesn’t necessarily mean that the way you have been doing things is an utter failure, it may just mean that your way has probably fallen off track...

Reward and Discipline: Creating a Custom Chart

Creating a custom chart that reflects predetermined actions is an excellent idea for those that sometimes find themselves struggling to stay on the same path they intended to. Sometimes, we as parents commit ourselves to parenting in a certain way. We hold ourselves...

More Effective Marketing Solutions

In the plight to effectively market your law firm, there are numerous ways to gain business that are all too often overlooked. One effective marketing method, is extracting more files from current clients. These clients already provided your firm with their business....

Can a Divorce be Denied if it Causes a Financial Hardship?

Question Details: My husband and I have been legally separated for about a year now. We originally agreed to remain legally separated in order for me to stay on his insurance benefits. Now he wants the divorce to be finalized. Can I have this motion denied due to the...

Is it an Error if the Court Fails to Grant a Rehearing?

Question Details: When I was ordered to pay child support, I appealed the decision based on the trial court’s decision to base their calculations on the percentage standard. They then modified that number using other factors. The court of appeals remanded the case...

Am I Entitled to Property Division if he and I Were not Married?

Question Details: My boyfriend and I never believed in marriage. We were together for over a decade, and had a child together. The child and I both went under his last name. We filed taxes jointly, and announced publicly that we were married. I quit my job and became...

Which State has Jurisdiction?

Question Details: My ex gave birth to our child in Arizona, then she moved with the child to Wisconsin with her family. She moved with the child back and forth several times, claiming residence in both states. She left our daughter with her family in Wisconsin while...

Is one Visit Enough to Claim Personal Jurisdiction?

Question Details: I was never married to the father of my child. He has never been a resident of Wisconsin. I visited him in another state where I became pregnant with my daughter. He and I never had a “real” relationship. A few months ago, after I gave birth, he came...

Am I Entitled to Benefits Currently in pay Status?

Question Details: I am about to begin my divorce. My husband is currently receiving civil service pension benefits. I am seeking fifty percent of the martial property, fifty percent of the pension benefits, and maintenance. My husband claims that he is not liable for...

Am I Still Liable for Child Support While Incarcerated?

Question Details: Upon my divorce, my wife received custody of the children, and I was ordered to pay child support. Without getting into specifics, about a year after the divorce I got into some trouble. I was sentenced to a year in prison. The sentenced was stayed...

Marital Exercises: The Newlywed Game

Taking the time to try new things is critical to ensuring that your marriage keeps that special spark. Taking the time to make sure that not everything has to stay predictable keeps the interest alive. Understanding how the basic principles of interest and spontaneity...

Marital Property

Marital property is generally defined as any property or asset which was obtained during the marriage by either one or both spouses. Marital property may also be any income generated through earnings or stemming from one or both spouses property or assets. It is also...

Simple Marketing Strategies for Your Firm: Twitter

Sometimes in law firm marketing endeavors, those involved may tend to overlook some of the simplest actions and focus on lengthy or expensive campaigns. However, this is not always needed, or even a good idea. In many cases, the outcome is nominal and the funds were...

Small Firm Marketing: The Value of Word of Mouth

Understanding the fluidity of prime marketing solutions provides the author of the campaign the ability to negotiate high yielding efforts, with low impact cost. Remember that some of the most common efforts just may yield the highest rewards. Keeping in mind that...

Stipulated Divorce: Initiation of Action

The initiation of action in a divorce case describes the process of how to begin, what steps should be taken, and the criteria which needs to be met. For starters, one or both parties may initiate a divorce action. The state must be served in cases where the State is...

Effective Marketing Solutions

Law firm marketing solutions revolve around a multitude of business development strategies. Discovering which activities are right for your firm may mean the difference between sustainability and growth, or struggling to make ends meet. One factor that seems to go...

Is my Pension Subject to Division?

Question Details: I worked for a company for approximately 14 years before my wife and I were married. About 6 months after my marriage, my interest in my company’s pension plan was vested. My wife and I have been married for about 15 years. Now we are getting a...

Can I Have a Past Stipulation Vacated or Modified?

Question Details: My father and mother agreed to a settlement of a one-lump support payment in a paternity suit. I am now 16, and represented by a guardian ad litem. I feel the agreement is not in my best interest. My father is now deceased, and I want to request a...

Can I Inherit From a non-Biological Parent?

Question Details: Without going into too much detail, I was raised by my biological mother and stepfather. I used his last name, and he acknowledged me as his son. He passed away and left no will. Can I inherit property if I am not his biological son? Family Law...

Can I Seek Back Child Support After a Settlement Agreement?

Question Details: My father, mother, and step-father entered into a settlement agreement when I was a baby. The agreement stipulated that my father would not be named as my father, but he would pay for my mother’s hospital bills related to my birth, my medical bills,...

Formal Probate Procedure: How to Give the Notice

This article picks up from our last discussion on “Notice”. Here, we will begin with the manner in which notice must be given. Unless a specific statute states otherwise, a notice is always required by law. It must be issued via First Class Mail within Wisconsin, or...

Property Division: Six Basic Classifications

The basic classification of property falls into six general categories. The first category, is marital property. All property and acquired income in a marriage is classified as martial property, unless proven otherwise. According to state law, all property acquired by...

Stipulated Divorce: Jurisdiction

One of the first things the court must do in order to commence any action, is to establish jurisdiction. Jurisdiction grants the court the authority to commence an action, such as divorce. In order to initiate a divorce, at least one of the petitioning parties must be...

Criminal Defense: Right to Counsel

A defendant always has the right to counsel. They always have the right to defense by an attorney when the charge carries the possibility of serving time in jail, prison, or an institution. Anytime a charge has been made against an individual which carries the...

Law Firm Sales v. Law Firm Marketing

The difference between law firm sales and law firm marketing sometimes falls into a grey area, but not always. It is sometimes hard to differentiate between the two. However, the distinction can be made simple. Law firm sales should be connected to closing. Law firm...

Maximizing Software: Practice and Case Management

As the world becomes smaller through increased technology, firms face mounting competitive pressure. Many firms wonder how to, and which technological resources should be utilized in the office. Some firms want to begin focusing on clients outside their cities,...

Contested Divorce: Initiation of Action

In a contested divorce, like any other, one or both parties may initiate a divorce action. The only time that the state becomes an actual interested party in a divorce action is when either AFDC or Medical Assistance is provided by the state to a dependent. Or if an...

Property Division: Community Property vs. Equitable Distribution

Unlike in business law, where states tend to lean towards uniformity, divorce laws can vary greatly depending on what state you get the divorce. Each state tends to have its own rules on the allocation, or division, of property. This is also tends to be a confusion to...

Methods to Marketing Your Firm: Social Media

There are a plethora of methods and strategies when it comes to marketing your firm. Understanding what makes your firm appealing by audience targeting will vastly improve the attractiveness of your practice. Social networking should always be at – or near – the...

Technology: Improving Satisfaction of the Client

There is a simple truth in today’s digital society: Consumers are increasingly comfortable with using technology throughout their daily lives, for their shopping and bill paying, and to communicate. Consumers are buying cars with technological advances in backing up,...

Effective Parenting Guidelines: Helpful Tips

Effective parenting guidelines help parents to establish consistent routines and remain organized while enforcing rules of behavior, disciplinary actions, and effectual relationship nurturing. We continue in this segment by reviewing several helpful tips that can...

Property Division: A Focus on Constitutionality

Property division, though logically sound, may tend to invoke the question of constitutionality. Any statute that drastically changes the definition of the ownership of property, such as the act of marital distribution, tends to generate debate among the parties...

Formal Probate Procedure: Notice 1

In prior segments, we have talked about formal probate procedures, and have covered many areas surrounding it. In this segment, the discussion will shift toward a focus on notice. In this area, the meaning of notice will vary among the several categories in which...

Methods to Marketing Your Firm: Remaining Genuine

An important aspect of marketing your firm is remaining genuine. People know a sales pitch when they hear one. In the digital age, consumers have access to information that was nearly impossible to obtain a decade ago. With the onset of social media and information...

Property Division: Classification Significance

In previous articles, we have discussed constitutionality, and basic rights and duties. Now we will get a bit more specific, as we discuss property classification. This portion of the series will explain general presumption, classification rules, and transitional...

Stipulated Divorce: Findings

In past articles, we have covered a general overview of what a stipulated divorce is and what it entails, and the default checklist. There are specific and general processes, and court expectations that must be satisfied in order to successfully have a stipulated...

Criminal Defense: Court Actions

We have discussed several aspects of criminal defense, focusing on procedures of the court, and the attorney. In this segment, we discuss court actions. Court actions are a set of actionable statements made by the judge during the first appearance, trial, or at...

Formal Probate Procedure: Guardian ad Litem

A guardian ad litem is a legal court appointed guardian who represents the best interests of the unborn, infants, children, and incompetent persons during legal actions and proceedings. They are legally responsible for protecting the best interests and well-being of...

Stipulated Divorce: Default Checklist

During a stipulated divorce, there are many processes to be taken and requirements that must be met. We’ve discussed an overview of the process, and now we will begin to breakdown these processes and requirements. We will now start to specify and address the...

Client Relationships & Technology: Integration

The most crucial aspect of maintaining client relationships is readily available information. The ability to provide updates and case information at a moment’s notice is the equivalent of providing AAA customer service. Using technology throughout your firm is not...

Are section 71 payments modifiable?

– from Theresa W. in Wauwatosa, WI Question Details: When my husband and I were divorced, we agreed to a stipulation that would waive a maintenance award in lieu of periodic section 71 payments. However, when my husband lost his job, he stopped paying. I know he...

When is state law not applied in to Native American reservations?

Family Law Attorney Response: Thank you for your question. If you need an attorney for representation in your divorce, call my office to set up a consultation. In the case of Jacobs v. Jacobs, 138 Wis.2d 19, 405 N.W.2d 668 (Ct. App. 1987), a party argued state law did...

Simple Marketing Strategies for Your Firm: Facebook

Facebook for business offers numerous advantages, is cost effective, and more personal than most any other marketing method. Being more fluid and far reaching, using a social platform such as Facebook for business can provide more feedback and targeted value than many...

Get Rid Of Things That Remind You of Your Ex

When a marriage ends, the number one thing that may come into your mind is to let go of all the things that will remind you of the other person. It is human nature to exert efforts in mending your broken heart and eventually move on from the failed relationship. The...

Email Proof of An Affair

What happens if you catch your partner cheating on you? What if you find out that he or she is having an affair? In this type of situation, the most logical thing to do is to take a moment to assess the situation. The number one rule is that you must never overreact,...

Helping Kids Deal With A Divorce Related Move

There will be many changes in your life once you have chosen to go through divorce with your wife or husband. The marriage will completely be dissolved and you have to start all over again on separate ways. You have to embrace all the changes that will come in your...

What Impact Could My Dating Have on Child Custody?

There could be several consequences of dating when you are involved in a case concerning child custody disputes. This is the reason why you need to be careful in choosing who to date. At the same time, you also need to take into consideration all the things that you...

3 Questions to Ask a Divorce Lawyer Before You Hire Them

Choosing a lawyer to represent you in court is not an easy thing to do. There are so many things to take into consideration before you can hire your legal counsel. When it comes to selecting an attorney, make sure that you are aware of the questions that you need to...

5 Signs You Need a New Divorce Lawyer

The truth is not every lawyer you hire can protect your interests and serve your needs during the pendency of your divorce case. Needless to say, once you notice that the professional engagement with your lawyer is no longer giving you what you deserve, then it is...

5 Useful Holiday Tips for Divorced Parents

Everyone looks forward to spending the holidays with the ones they love. Most members of the family go out of town to celebrate the joyous season. However, for families whose parents have gotten a divorce, things are quite complicated. There is a difficulty on how to...

Divorcing Someone with a High-Conflict Personality

Misunderstandings will always be part of the marriage. Each spouse has different personalities which, if not dealt with properly, will cause great trouble in their marital union. Even if the parties are willing to settle their differences, there are times when the...

What Does a Custody Evaluator Do?

When it comes to child custody cases, the court will apply the “best interest of the child” rule in rendering its decision or order. This means that the judge hearing a particular case involving child disputes will put into consideration all facts and circumstances...

Getting Your Apartment Security Deposit Back After Divorce

There are many unexpected things that you may encounter every single day. Take for example your separation from your husband or wife. For sure, when you decided to enter into a contract of marriage with the other person, you honestly believe that you would end up...

The Blame Game During Divorce Has No Winner

The most common thing that divorcing couples tell each other is “It is your fault.” or “This is on you.” The blaming game is always in the picture. They will always point fingers at each other. No one would admit that he or she was at fault for the failure of the...

What Can I Bring To Court?

When you are involved in a particular case, there will be days when the court may request for your appearance before a particular judge. It may be quite terrifying especially if it is your first time to go to court. You may start to feel anxiety and nervousness even...

What Is Divorce From Bed and Board?

A divorce from bed and board is a fault-based action. Unlike absolute divorce, it does not result to the complete dissolution of the marriage between the parties. Its effect merely consists in the legal separation of the spouses but the marital contract or ties...

What Smart Women Do During Divorce

If you ask women who have gone through the process of divorce, you will find out that their lives were really changed when they decided to get out from their marriages. There are many reasons why married couples call it quits in the end, but if it does you need a...

Should you Reconcile or Run After an Infidelity?

The most difficult part in every person’s married life is dealing with a cheating spouse. One can never be absolutely sure of what to do after finding out that the other partner has committed some acts of infidelity. It is hard to accept that no matter how you give...

Substance Abuse During and After Divorce: Who Does It Hurt?

There are many reasons why married couples have to part ways. Divorce can be attributable to several causes such as substance abuse of one of the parties. A person living with someone who is considered a drug addict or alcoholic may have a difficulty over the years in...

If I was a Bad Parent in the Past Will I Not Get Custody now?

When a couple decides to get a divorce, there are many aspects in their lives that will be affected. Getting a divorce will not only result to the legal dissolution of the marital contract of the spouses or the separation of their conjugal assets. It will also involve...