Wisconsin Divorce Legal Questions

Nearly everyone can find some way to pay a lawyer. There are law firms which specialize in representing low-income people which will charge low fees and give the client time to make installment payments. This is the time when someone calls on friends and family for help. The account she gives does sound a little strange: a divorce is not entirely routine, and if someone tells the court credibly that she did not get notice (especially if the estranged spouse was the one responsible for sending notice) most judges will permit a postponement. She may not have been credible in court. Or perhaps the division of property proposed was an exactly even split, to which a court is unlikely to object. I think she really needs to beat the bushes for funds to hire a lawyer to look into these events ASAP, and move to reopen the case if that proves justified.... Read More

You could ask the court to dismiss the petition as that county may not have jurisdiction to hear the divorce.  It will depend upon whether he filed for divorce or a legal separation.  If he were filing for divorce, he has to be a resident of the county in which he files for 30 days before he files. If he were filing for legal separation, he can merely file no matter how much time he has been in the county. Then after meeting the residency requirements, he can convert to a divorce.... Read More

Property division is 50/50. If this is a long term marriage, she will be entitled to 50% of the pension and 50% of the deferred compensation program, as well as division of any equity in the home and savings. You may also owe some maintenance to her - again, if a long term marriage. May not be huge, since she seems to have some decent payments coming in. She had a first husband, so if this is not a long term marriage, then certain items can be considered, such as value of the assets prior to marriage, compared to value of them now. You should review your facts in detail with an attorney for advice and direction, whether or not you choose to hire someone.... Read More

Yes, you can either ask to release her rights voluntarily - where she signs a quit claim deed over to you (and I also suggest a signed agreement stating she is doing so freely and in exchange you are waiving reimbursement from her for past items not paid by her under the divorce judgment); Or, you can bring a contempt motion stating that she has not done her part in the divorce agreement and the remedy you ask for is to have the house awarded to you. Either way, you will need assistance from an attorney for some of the paperwork - at least relating to the deed/records for the home.... Read More

You divorce could be final at the August hearing IF the two of you come to an agreement on all matters - including the custody and placement of your daughter, and division of assets, debts, and support matters. If you both are not able to reach an agreement, then the September date is your 'trial' date where the judge will expect each of you to testify and present exhibits and any other witnesses for evidence into the record. The judge will then make a decision on all the items that the two of you continue to dispute. If you can reach agreements on all matters except one, then you would want to turn in a signed agreement for all of those matters, and ask the court to just rule (make orders) on the final item that is in dispute. Hopefully you each have an attorney. If not, you should at least meet with an attorney to review and prepare for your hearings.... Read More

Yes, sounds like you will need an attorney. Property and debt division is required during a divorce. If you both are not able to reach an agreement, the court will ultimately decide the matter at trial. As to student loans and divorce, that is not always viewed as 50/50 marital debt. Each case will turn upon the specific facts including what degree was obtained, the income before and now of each party, what the loans were used for (tuition only or also living expenses), how long you were both married, the division of other assets, and on an on. You can see how each case could come out differently with different facts/answers to these factors.... Read More

You cannot file for divorce in the state of Utah unless you have resided here for at least three months. I do not know off the top of my head whether someone who has been in the state of Utah for more than three months, but as a foreign national on a tourist or other kind of visa, could qualify as a Utah resident. The question of whether your foreign national girlfriend can be considered a resident of the state of Utah for divorce purposes is best addressed to a very good, very smart, very experienced immigration attorney. My best guess, however, is that someone from another country here in Utah on a tourist visa is clearly someone who does not intend to stay on a permanent basis but by definition someone who intends to spend time in the U.S. temporarily. Which means that she probably would not qualify as a resident of the state of Utah and thus be unable to file for divorce here. But I don't see why she wouldn't or couldn't file for divorce in the Philippines.... Read More