State ex rel. Kalal v. Circuit Court for Dane County, 2004 WI 58

The Wisconsin Supreme Court has accepted review on Kalal, the seminal statutory interpretation case in Wisconsin. What does it mean? The case holds that statutory interpretation should primarily focus on the language enacted by the Legislature. Courts have a duty to apply the law as written. While outside sources such as legislative history can sometimes…

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Do I need to go to Court to get divorced in Wisconsin?

Previously, you would generally need to appear in Court at least once to get divorced in Wisconsin. You may have needed to appear multiple times if there were contested issues between you and your spouse, such as custody, placement, financial issues, etc. That practice started to slowly change during the COVID-19 pandemic, as Courts across…

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Can Indefinite Maintenance Be Increased Or Extended Years After a Divorce?

Yes. Wisconsin courts retain the authority to modify maintenance (spousal support) after a divorce judgment has been entered. Maintenance is grounded in the principle that it is the obligation of the supporting spouse to support the other spouse in a manner consistent with the standard of living established during the marriage. As the Wisconsin Supreme…

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Child Support Garnishments

What is wage garnishment and how does it relate to child support? Wage garnishment is a process in which the court will allow a creditor (the person who is owed the debt) to collect a portion of a debtor’s (the person who owes the debt) earnings to satisfy a legal judgment. This can occur in…

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What rights do foster parents have?

As a foster parent, you have one of the hardest jobs in the child welfare system. And often, you may feel like you don’t have much say in anything as it relates to your role in the child’s life. While it’s true that foster parents have limited rights, it’s equally as important to know what…

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Co-Parenting Problems

There’s a co-parenting app for that Co-parenting isn’t always easy, but there are a number of companies that claim to help ease the pain with their apps that bring co-parenting into the tech age. Below we review a handful popular and up-and-coming apps. Our Family Wizard: Arguably one of the most popular apps, Our Family…

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Throw a Divorce Party

Divorce parties are becoming more and more popular, even making viral new on social media from time to time, but is it really the best move to make following the completion of your divorce? A lifestyle writer recently consulted with a psychologist, a divorce mediator, and an event planner to come up with some unique…

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What is Birdsnesting in Family Law?

For most children with divorced parents, the children’s new “normal” is going back and forth from one parent’s house to the other parent’s house. A growing trend may change that, at least in the early days following a divorce. A birdsnesting or nesting arrangement is when the kids stay in the marital home and the…

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What is “Maintenance”?

If you are considering or going through a divorce, you may have heard the term “maintenance”.   Maintenance is the term for payments made by one spouse to the other after a divorce.  Many still refer and recognize maintenance by the term, “alimony”. For some, the term maintenance may cause stress and anxiety. However, it is…

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