Wisconsin Divorce Legal Questions

If you filed first in Wisconsin, your case would take precedence over the case subsequently filed by your spouse in Minnesota; you must effect personal service under Wisconsin law within 90 days of filing. Your post doesn't mention if you have minor children involved; there are also certain jurisdictional issues which determine which state would have jurisdiction, depending on where the children have resided during the last 6 months. It would be best to consider discussing your case with a Minnesota family lawyer, to file an objection to the case as filed in Minnesota.... Read More

If you waited a year to bring up this issue, I'd rather not think about it. Otherwise, more information is needed. Did you approve the paperwork when it could still be edited? How reasonable/feasible was it for the attorney to know that this information obtained a year was in his/her possession where it could be found? Are there other reasons equally necessitating revised paperwork? Unreasonable error by the attorney should be fixed at the attorney's sole expense.... Read More

Your spouse is not liable for your separate tax debts - regardless of whether the debts are prenuptial or postnuptial. If her prenuptial assets have remained separate property (deed, title, account is in her name and the assets haven't been mixed together with marital assets), then the assets remain her separate property and they can't be applied to your separate tax debt. If the property lost it separate status, then the postnuptial agreement would not be effective, because it would be viewed under the law as a gift from your to your spouse and gifted property can be clawed back by the IRS.... Read More

Unless a spouse is willing to agree in writing to service by mail, she must be personally served. Sheriffs offer this service; so do many private businesses. In fact, any adult who is not a party to the action may serve the paper. There are some other legal formalities involved in proving service. Best of all, retain an experienced lawyer to advise and represent you. It's almost always worth it.... Read More

The prohibition on remarriage would only apply if your husband was divorced in Wisconsin which bars remarriage for 6 months after the divorce, anywhere in the world. Since your husband was divorced in Michigan, it would be best to check with a lawyer in that state to see if there is a similar statutory prohibition on remarriage and if so, what that time line may be, in order to determine if you are currently legally married or the marriage is null & void.... Read More

Generally the answer is no, although there probably still may be a criminal statute on the books for charging someone with adultery. Rather than involving yourself with suing his girlfriend, if you get a divorce, you can make the argument that your husband committed marital waste or squandered the estate by spending all kinds of money on what may be lavish gifts or expensive trips with his girlfriend; unless there is a significant amount of money involved, the divorce court probably won't get too worked up about your allegations, as this is not an infrequent problem; however, if a serious amount of marital funds were used for such purposes, the court can deviate from equal property division, by awarding a larger percentage of the marital estate for your husband's misconduct.... Read More

Under the statutes in the State of Wisconsin, all property acquired either before or during the marriage is presumptively marital property and subject to equal property division at the time of the divorce. The only property that is exempt, is property acquired either by gift or inheritance from a third party. Therefore, your retirement benefits are subject to equal property division. The court has discretion to deviate from equal property division based on the various factors listed under sec. 767.61 Stats. The 2 most common factors where the court may deviate is (1) the length of the marriage and (2) property brought into the marriage by either party. Your fact situation doesn't present sufficient information to more fully answer your question.... Read More

In Wisconsin, there is a 120 day waiting period before you can be divorced. The average case takes about 6-9 months to complete. Under some limited circumstances, the court has the authority to waive the 120 day waiting period to proceed to a final divorce hearing, but  there would have to be some unusual and exigent circumstances for the court to even remotely consider waiving the statutory waiting period.... Read More

It is against the Supreme Court rules governing lawyers for one lawyer to represent both spouses in a divorce. This is because of the potential conflict of interest: the gain of one spouse in a property division, for example, is a loss to the other. In very constructive divorces, the parties can agree that one lawyer will represent one of them, and that s/he will instruct the lawyer to be as fair as possible to the opposing spouse. When there is enough good will, it can work out comfortably. Good Luck.... Read More

Generally speaking, if a person is a part owner of the house, he has the right to reside there. You could exclude him from the house if you had good reason to believe that he is a danger to the people who live there. You could seek an injunction to keep him out of the house, but you would have to show, in a sworn statement and very likely at a court hearing, that he has said or done things which would pose a danger to you or your children.... Read More

You need a lawyer in the state you are currently living, but you may also want to seek out an attorney in Japan, in the area that your Wife and Son live. The problem right now is that you can ask for divorce and be granted that in your current state, but they likely won't have jurisdiction over your Wife or Son, to require certain orders that you need for placement, custody, etc. So you can end the marriage from your current state, but will likely still have to pursue placement and other rights to your Son in Japan, given the length your Wife and Son have lived there, and the lack of them having lived in your current state. Since no one lives in the state you were married in, that state no longer has jurisdiction either, given how long it has been. You do need to work with an attorney given the complications of your situation. Best of luck to you.... Read More

You most likely need to hire an attorney in her jurisdiction in Minnesota. They will file the judgment there and then file a motion for contempt or enforcement against her in the county she lives. That way the court can order her wages garnished or whatnot as a result of the ruling, if it is in your favor. You could file where you live, but that court would have no jurisdiction over her - so could not order her wages garnished to pay you back. If you want to be paid back, you would file where she is. You may not have to be present for the hearing if your attorney is able to argue it for you or ask that you appear by phone. Best of luck to you.... Read More