You must file your Summons and Petition in the county that you reside. The person filing for divorce must be a resident of the county where the divorce action is filed for at least thirty days and a resident of the State of Wisconsin for at least six months prior to filing an action.
No. The only grounds for divorce in Wisconsin is irretrievable breakdown of the marriage
1.    Adjust your income tax withholding.
2.    Use up expiring funds in your flexible spending account for dependent care, transportation expenses, etc.
3.    Purchase over-the-counter medicines to use up funds in your healthcare flexible spending account.
4.    Use your 2009 annual insurance deductible. If you have medical expenses, try to schedule the appointment before December 31st.
5.    Decide whether it is to your tax benefit to pay your property taxes is 2009 versus 2010.
The United States Supreme Court upheld the constitutionality of a municipal residency requirement in McCarthy v. Philadelphia Civil Service Commission. Residency is a mandatory subject of collective bargaining pursuant to the Municipal Employment Relations Act. In determining the residency of a person who divides his time between two locations are the location of the person’s immediate family, where the person votes, where the children attend school, where the person shops, what address appears on the person’s driver’s license, car registration, bank accounts and tax returns.
My grandchildren’s parents are divorcing. Do I have a right to see my grandchildren? You may petition the county where your children live to give you the right to reasonable visitation with your grandchildren. It is generally a good idea to ask the court for visitation rights as soon as possible after the divorce proceedings are commenced. The court will consider the amount of personal contact you have had with your grandchildren and their parents prior to the commencement of the divorce action. The court will consider the wishes of the children as well as the wishes of the parents.
If spouses are married for 10 years or more, then a spouse is entitled to half of the other spouses Social Security or his/her own, whichever is higher. The decision on which one to select can be made when the application for Social Security is filed.
In addition to decreasing wrinkles, some users of Botox have suffered serious injuries, including muscle weakness to difficulty swallowing or breathing. Botox cosmetic is approved for the removing of deep wrinkles between the eyebrows. The FDA in August ruled that Botox Cosmetic should carry a black box warning that underscores “the possibility of experiencing a potentially life-threatening distance spread of toxin….from the injection site after local injection.” Symptoms from Botox injections can take days to occur, so it is important to be on the lookout after any Botox injection.
The tax deduction for using your car for work is lower this year. Starting January 1, 2010, the rate for using a car for business is .50 per mile. The 2009 rate was .55 per mile.
You should include a provision within your Marital Settlement Agreement that the ex-spouse payor must obtain a life insurance policy in his/her name with the ex-spouse payee as the sole beneficiary. The payor would be obligated to maintain this policy until the maintenance term is completed.
Maintenance, which was previously referred to as spousal support or alimony, is a payment from one spouse directly to the other. Â It is entirely different than child support. Â By state statute, a Court can grant an order requiring maintenance payments to either party for a limited or indefinite length of time, after considering the following ten factors:
(1) the length of the marriage
(2) Â the age and physical and emotional health of the parties
(3) the division of property
(4) the educational level of each party at the time of marriage
(5) the earning capacity of the party seeking maintenance, including educational background, training, employment skills, work experience, length of absence from the job market, custodial responsibilities for children and the time and expense necessary to acquire sufficient education or training to enable the party to find appropriate employment
(6) the feasibility that the party seeking maintenance can become self-supporting at a standard of living reasonably comparable to that enjoyed during the marriage, and, if so, the length of time necessary to achieve this goal
(7) the tax consequences to each party
(8) any mutual agreement made by the parties before or during the marriage, according to the terms of which one party has made financial or service contributions to the other with the exception of reciprocation or other compensation in the future, if the repayment has not been made, or any mutual agreement made by the parties before or during the marriage concerning any arrangement for the financial support of the parties.
(9) the contribution by one party to the education, training or increased earning power of the other
(10) such other factors as the Court may in each individual case determine to be relevant
How long have you practiced law in Wisconsin?
What percentage of your practice is devoted to family law and divorce?
Will you send me a free copy of Divorce Mistakes That Could Cost You a Fortune?
Are you a member of the Wisconsin Academy of Trial Lawyers?
Are you a member of the American Trial Lawyers Association?
Have you previously represented people in situations like mine?
Do you have an AV rating, the highest rating offered by the international legal directory Martindale-Hubbell for legal skills, integrity and honesty?
If I ask you to represent me, will you give me your home telephone number and cell phone number so I can reach you any time I have an emergency?
If you’re away from the office, will someone in your office know about my case if I need help in your absence?
Will you discuss my case with me over the telephone?
How many trials have you conducted in the last five (5) years?
Characterizing maintenance and child support jointly as family support allows the total payment to be tax deductible by the payor and taxable to the recipient spouse. The entire payment is treated the same as maintenance. In order to take advantage of the classification of maintenance and child support as family support, the following criteria must be met pursuant to sec. 71 of the Internal Revenue Code:1. The payments must be cash, ie., checks or money orders.
2. The payments must be pursuant to a divorce or separation agreement.
3. The parties must not be members of the same household at the time the payments are made.
4. There is no liability to make a payment after the death of the payee spouse.
A family support agreement must be carefully drafted to avoid future tax consequences.
The Medicare Secondary Payer Act was passed in 1980 to reduce Medicare spending by prohibiting Medicare from making payment when another entity possesses an obligation to pay for medical treatment. The Medicare, Medicaid and SCHIP Extension Act of 2007 added mandatory provisions for insurers to report settlements or open claims.
The economy has made determination of earning capacity a much more difficult analysis. People both in and out of the job market are being forced to take cuts in pay or to alter their job requirements and plans. The question is whether or not maintenance calculations should be based on what a person actually earns or should be based on a person’s earning potential or earning capacity based on that person’s education, experience, qualifications and job marketability. It is not enough to look at past 2-W-2s or paychecks. The economy plays a role. In this writer’s opinion, earning capacity is not merely the job for which the person is qualified, but also the job the person can actually obtain in today’s job market. Earning capacity has been defined as “not an amount which a person can theoretically earn, nor is it combined to actual income, but rather it is an amount which a person can realistically be expected to earn considering vocational skills, age and health.” Availability of jobs is also a significant factor.
In order for a stepparent to adopt a child the rights of the corresponding parent must be terminated. In this case, the rights of the child’s biological father would need to be terminated before the stepparent adoption could take place.
1. Talk to a number of divorce lawyers. Check out their ratings under AVVO and Martindale Hubble. Try to select an attorney that is familiar with your local rules and judges, and primarily practices in the area of divorce and family law. Figure out how you are going to pay an attorney.
2. Consider consulting with a therapist. Divorce is not easy. You may need assistance in the transition.
3. Get a new email account with a user name and password your spouse does not know and will not be able to guess. Get your own computer. You do not want your spouse to have any access to your computer.
4. Get a post office box. You want to make sure that you are able to get communications from your divorce attorney that are sent exclusively to you and are not accessible to other parties.
5. Set up your own cell phone account. You do not want your spouse to have access to your private conversations.
6. Get a copy of your credit report so that you can ascertain your credit history as it is made available to third parties. Make any necessary corrections.
7. Open your own bank accounts. These accounts should be in your own name and probably in a different bank than where your spouse’s or your joint accounts are located. Use a different address for your new bank accounts.
8. Make copies of your income tax returns for the last five years, including W-2s and 1099s.
9. Apply for your own, individual credit cards. Consider closing or placing limits on joint accounts.
10. Video or make a list or take photographs of all items of personal property in your residence and other real estate. Identify which items were gifted or inherited and which items you brought into the marriage. If you have any receipts for the personal property, make copies of them.
11. Consider hiring your own accountant or financial advisor.
12. Consider closing or freezing joint accounts.
13. You may want to consider advising your bank that no withdrawals can be made from retirement accounts, etc., without written authorization of both parties.
14. If you are the lower income spouse, consider finishing your education or additional training. Two cannot live for the price of one.
15. Consider whether or not you should look for a different job. This is not an easy decision, especially if there are children to be considered and the increased cost of childcare.
16. Decide where you are going to live. Are you best served remaining in the residence, or should you obtain alternate housing. Generally do not leave the residence without a prior, written agreement relative to placement of the children.
17. Get the basics, including dates of birth, social security numbers, date and place of marriage, information about prior marriages and divorces, occupations, employers, education and degrees of each spouse, payroll stubs, a copy of any prenuptial agreement, appraisals, business evaluations, if applicable, mortgage balances, retirement plan statements. Make a copy of all your financial records, including any assets or debts. Know the names and addresses of your financial institutions.
18. Try to assess your financial situation. What is the income of each spouse? What are the expenses of each spouse? Detail your assets and liabilities.
19. What are your employee benefits from your job? Make sure you get copies of life, health and disability insurance policies. Know who the beneficiaries are on these policies.
20. Provide your attorney with a copy of any Will or Trusts that are currently in existence. Obtain COBRA coverage information.
21. If you are moving into another residence, take your personal items with you, i.e., photographs, jewelry and items of special significance.
22. Consider what type of divorce works for you – collaborative, cooperative or traditional.
23. Talk to your spouse about the divorce. If both of you can agree to the divorce, the steps to completing the divorce process will be easier and you are likely to have a smoother transition.
24. Request an earnings and benefit statement from the Social Security Administration for yourself and for your spouse. Form SSA-7704.
25. Keep a log of the time you spend with your children and the type of activities in which you participate.
Potential clients often ask whether a first offense OWI is a criminal offense. It is not. The penalty for a first offense OWI is a several month license suspension and fine. There will be no jail time.
A person generally does not have a right to obtain an order for paternity testing without first establishing if the test is in the child’s best interests
You don’t need to hire a detective if you are trying to establish your spouse’s infidelity. Too often you can simply use social media including Facebook, Twitter, MySpace, Match.com, eHarmony, etc., to obtain information about your spouse’s internet relationships. When you choose to “friend” or “follow” or when you “write on a wall” or when you list your significant other as a “friend” on your profile, the impact on your marriage can be great. Facebook, Twitter, MySpace cannot be erased. Just because you press a button that says delete does not mean the information does not leave a permanent digital trail. Information posted on Facebook is often used as evidence in divorces. For example, if a separated man on Facebook in his efforts to imbelish his profile indicates that he earns $100,000 when he does not, that information can be used against the husband in the divorce trial. Inappropriate pictures also are fuel for placement and custody cases. The bottom line is be careful what you post online.
Happy Father’s Day to the dads who are reading this blog. The Pew Research Center has recently recorded the changing roles of parents in the United States as marriage rates and traditional family households decrease at a fast rate. Almost half of American fathers under the age of 45 has atleast one child out of wedlock. While you would think to the contrary, the share of fathers living apart from their children is more than double what it was in the recent past. It is the lower income men who are understandably having the most difficult time seeing their children on a regular basis. If a father cannot pay sufficient support, he sometimes becomes estranged from his children. Better jobs also mean better benefits and family-friendly policies, in contrast to lower wage workers. This is not a male factor. It is a factor across the board for all lower wage earning individuals. But these are just statistics. Many men and women, moms and dads, with lower paying jobs are excellent, caring parents on an every day basis
There are a number of qualifications for becoming a foster parent. Some are objective qualifications set by various government agencies, while others are subjective, such as good parenting. Some objective qualifications are as follows:
-You must be 21 years of age or older
-You must be in good health and willing to provide documentation
-You must complete a successful home study.
-You must complete a criminal background check
-You must have homeowner’s or renter’s insurance
On June 20, 2011, Dane County Circuit Court Judge Daniel R. Moeser ruled that Wis. Stat. Chapter 770, which legalized registries for same sex couples, does not grant legal status to domestic partners that is identical or substantially similar to marriage. The Court reasoned that “the State does not recognize domestic partnership in a way that even remotely resembles how the State recognizes marriage.” A case is currently pending, brought by Wisconsin Family Action, challenging Wisconsin’s constitutional ban on both marriage and a “legal status identical or substantially similar to marriage” for same sex couples. This decision will be subject to appeals, ultimately to the Wisconsin Supreme Court.
In June 2009 former Governor Jim Doyle, as part of the State budget, approved partnership benefits for qualifying couples, including allowing domestic partners to take family and medical leave to care for a seriously ill partner, make end of life decisions and to have hospital visitation rights.
Sometimes appraisals are necessary in divorces to determine the value of certain items of property. If parties cannot agree to values, the next step is likely an appraisal. This often happens with real property, and more specifically, with parties’ residences. A real property appraisal is the practice of developing an opinion on the value of real property. When an appraisal is necessary, an person with specialized knowledge and training, must perform this task.
After divorce, use of Our Family Wizard assists in co-parenting and other placement issues. You can create time schedules, plans, share activities, trade days, track support and variable expenses, make journal entries, etc. Children do not have to worry about being used as messengers. Our Family Wizard is a tool for managing child custody and placement relationships and parenting times. It helps avoid costly misunderstandings. www.ourfamilywizard.com  Our Family Wizard also provides shared custody calendars and schedules, messaging, journaling, expenses and information management tools.
On April 9, 2014, Wisconsin enacted the Wisconsin Social Media Protection Act. The Act protects employees by restricting employer’s access to individual’s social 
There are, however, exceptions to the above restrictions. An employer is not prohibited from the following:
The Social Media Protection Act makes it illegal to require an employee, job applicant or student to turn over his or her user names and passwords. It does not apply to public posts such as Facebook, Twitter, LinkedIn or other public websites. The law is an attempt to balance privacy concerns related to social media with the needs of the employers to monitor employee’s work-related Internet activity.
Employers requesting additional information should contact Attorney Dan Dineen at Vanden Heuvel & Dineen, S.C.’s West Bend Office, 246 South 5th Avenue, West Bend, Wisconsin, 262-338-8874.
A landlord must return the tenant’s security deposit and/or a detailed statement of the amounts withheld from the security deposit within 21 days of the tenant’s surrender of the premises. A check for a returned security deposit must be made payable to all tenants who are parties to the rental agreement and sent to the tenant’s forwarding address. Deductions may lawfully be made for unpaid rent, unpaid utilities owed per the rental agreement for which the landlord will become responsible, and damages that go beyond normal wear and tear.
1.    Make sure you and your children have the same expectations about the living arrangement.
2.    Set clear expectations.
3.    Set a time limit for your child to move from your home.
4.    Consider charging rent.
5.    Respect each other’s bedrooms and other space.
6.    Hold to your agreements.
If you are married 10 years or longer you can receive Social Security benefits as a widow or widower if your ex-spouse dies, even years after your divorce and even if your ex-spouse remarried. Your local Social Security office is a good source of information regarding Social Security, Medicaid and government pensions. www.ssa.gov
Without a doubt sellers will incur more damage on their credit report by going through a foreclosure. Typically your credit score will take a plunge between 200 to 300 points.
Short sales have a far less damaging affect on a seller’s credit report. Credit scores typically lose between 80 to 100 points. What happens to your credit down the road? It takes around three years after a foreclosure before a lender will offer a sensible interest rate, whereas a person who went through a short sale typically waits around 18 months to buy another home at a good interest rate.
Effective September 1, 2010, the parties can stipulate to the issuance of a harassment injunction instead of a domestic abuse injunction. If the parties agree to such a stipulation, the court may not approve the stipulation unless the following factors are met:
1.    Either or both parties submit an oral request on the record for the conversion explaining the reason why the conversion is requested; and
2.    The court advises the petitioner personally and determines that the petitioner entered into the stipulation voluntarily and with an understanding of the differences between a domestic abuse injunction and a harassment injunction; and
3.    In a harassment injunction, the court may order the respondent to avoid the harassment of the petitioner, avoid the petitioner’s residence or any premises temporarily occupied by the petitioner or any combination thereof. A harassment injunction may only prohibit the conduct that has been actually proven in court. A harassment injunction only prohibits possession of a firearm. If the petitioner has proven by clear and convincing evidence that the respondent may use a firearm to cause harm to another or public safety.
4.    Under a domestic abuse injunction, any firearm the respondent owns or possesses must be surrendered and any domestic violence conviction prohibits return of the guns.
Should one of the parties to a dissolution of marriage action die before the decree of dissolution of marriage is issued, the trial court will lose jurisdiction of the matter, the case must be dismissed. However, if a decree of dissolution of marriage was issued before the death, the trial court does not lose jurisdiction over the matter, unless there is an appeal of the order for the issuance of the decree based on the allegation that the trial court erred in finding that the marriage was irretrievably broken. Appellate courts do not lose jurisdiction of a matter as the result of the death of a party if the decree of dissolution was entered.
Prenuptial agreements are used more and more often by the younger generation. Issues such as school loans, homes, pets, pensions, retirement accounts, premarital personalty, credit card debt, income when one party can’t find a job, educational costs, business ownership, future assets, insurance, etc., are all issues which can be addressed in a prenuptial agreement. These issues effect persons in first marriages, some of whom may be in their 20s and 30s.
You may be able to claim the credit if you pay someone to care for your child (under age 13). This credit can be up to 30% of your expenses. In order to qualify, you must pay these expenses so that you can work or look for work. Generally, to be a qualifying person for the child care tax credit, your child must be a dependent for whom you can claim an exemption.  If you are divorced or separated, an exception to this rule may apply. Under this exception, if you are the custodial parent of your child, you can treat your child as a qualifying person even if you are unable to claim the exemption for the child. If, however, you are the non-custodial parent, you cannot treat your child as a qualifying person, regardless of whether you can claim the child’s exemption or not.
AARP and Consumer Reports released an online tool at www.drugsavings.aarp.org that lists generic alternatives for brand name drugs. The site estimates what the monthly cost would be for each option without factoring in health insurance. The site also lists drugs common uses and side effects.
The issue of grandparent visitation is one of significance in many divorce cases. Obtaining grandparent visitation post-judgment is oftentimes difficult so if the parties are able to address the issue of grandparent visitation during the divorce process, it may save litigation in the future and foster a positive, significant relationship between the grandparents and minor children. Even if grandparent visitation is not addressed, you may include a clause that allows for the children to receive telephone calls from the grandparents and specifically prevents interference by either party with the children’s relationship with the grandparents. Grandparents should be considered for summer visitation, as well as holidays.
Generally, you are allowed one exemption for each person you can claim as a dependent. The general rule for a child of divorced or separated parents is that the parent who has custody of the child for the greater part of the tax year (i.e. the custodial parent) is treated as the parent who provides more than half of the child’s support and is thus entitled to the exemption for the child. The non-custodial parent, however, will be treated as providing more of the child’s support under two circumstances. First, if the custodial parent signs a written declaration that he or she will not claim the exemption for the child, and the non-custodial parent attaches this declaration to his or her return, then the non-custodial parent can claim the exemption for the child. Second, if the custodial parent signs a decree or agreement that states he or she will not claim the exemption for the child, then the non-custodial parent can claim the child without regard to any condition, such as payment of support.
1. Personal injury lawyers should remember that their responsibility does not necessarily end with the personal injury settlement, especially relative to personal injury settlement proceeds obtained for incapacitated adults.
2. Divorce attorneys must address the issue of aging spouses, some of whom may have diminished capacity. Determine what effect the division of marital property and maintenance may have in future long term care.
One advantage is that the residency requirement is shorter for a legal separation, and allows a spouse to start a legal separation more quickly than a divorce. For a legal separation, a spouse must be a residence of the county for at least 30 days. But to file a divorce, a spouse has to be a resident in the county for 30 days and a resident in the State for at least 6 months.Additionally, some health insurance plans, by their contractual language, only terminate coverage for “divorced” spouses, but not for “legally separated” spouses. Therefore, the non-employee spouse may continue health care coverage on his/her legally separated employed spouse’s insurance. In order to save money on obtaining new health care coverage, a non-employee spouse may pursue a legal separation instead of a divorce.
Always provide for maintenance to cease on the death or remarriage of the recipient in order to maintain a support argument. Also specifically identify that the maintenance is income to the recipient and deductible to the payor. Include a provision in any divorce agreement for the court to retain jurisdiction in the event of bankruptcy.
The quick answer is no. Maintenance is a domestic support obligation. A domestic support obligation must meet four criteria:1. It must be due to a spouse, former spouse or child. . .
2. It must be in the nature of maintenance or support of such spouse, former spouse or child. . .
c. It must be established or subject to establishment as a result of a separation agreement, divorce decree or property settlement agreement subject to a Court Order . ..
4. It must not be assigned to a non-governmental entity unless the obligation is assigned voluntarily for the purpose of collecting the debt.
California recently passed a law making it an infraction to write, send or read text based communication on an electronic communication wireless device, such as a cell phone while driving a motor vehicle. The law allows a driver to use a wireless telephone to make emergency calls to a law enforcement agency, a medical provider, the fire department or other emergency services agencies.Wisconsin currently has no ban on cell phone use while driving, but the State outlaws distracted driving or “being so engaged or occupied as to interfere with the safe driving of that vehicle.” The fine is $173.00 and four points. Pending legislation Wisconsin Senate Bill 103 approved by the State Senate on October 20, 2009, would prohibit use of text messaging devices while driving on state roads and highways. The plan now goes to the Assembly. Wisconsin Assembly Bill 341 would prohibit any driver under age 18 who is driving with an instruction permit or probationary license from using a cell phone of any kind of other wireless communication devices if they are not installed in the vehicle.
Once divorced, review your wills, trusts, living will, life insurance, medical power of attorney, financial power of attorney, beneficiary designations, etc., to make sure that your estate planning is up to date.
1.    Experience and knowledge of divorce law.
2.    Rapport with your attorney.
3.    Commitment to obtain a favorable result.
4.    Availability to other lawyers and staff.
5.    AV-rated law firm.
6.    Free resources.
7.    Assertiveness.
8.    Game plan.
9.    Location.
10.  Legal Fees.
On April 2, 2014, the United States Supreme Court struck down a cap on the total amount one individual can contribute to Federal candidates in a two year 
The decision (McCutcheon v. Federal Election Commission, No. 12-536) did not effect base limits on individual contributions to candidates, currently $2,600.00 per candidate. But the overall limits of $48,600.00 every two years for contributions to all Federal candidates and the current limit of $74,600.00 every two years to political parties was struck down. Justice Steven G. Breyer, in the minority, said the decision would allow “a single individual to contribute millions of dollars to a political party or a candidate’s campaign.”
Chief Justice John Roberts reasoned that “the government may no more restrict how many candidates or causes a donor may support than it may tell a newspaper how many candidates it may endorse.” The Chief Justice did not recognize as legally significant “the possibility that an individual who spends larger sums may garner ‘influence over or access to’ elected officials or political parties.”
Rejecting the decision from his minority position, Justice Breyer said the decision was one “that substitutes judges’ understandings of how the political process works for the understanding of Congress; that fails to recognize the difference between influence resting upon public opinion and influence brought by money alone; that overturns key precedent; that creates huge loopholes in the law; and that undermines, perhaps devastates, what remains of campaign finance reform.”
Time will tell how the decision will impact upcoming elections, but the impact will potentially be great.
If your spouse is cheating, you may want to obtain hard evidence of that fact. While Wisconsin is a no-fault state, evidence of cheating may be an emotional need of the injured spouse.1.    Private investigator.
2.    GPS tracking.
3.    Check cell phone and phone records.
4.    Listen in on the phone call.
5.    Check myspace, facebook, match.com, twitter, eharmony, etc., etc.
6.    Check online browsing history on the computer.  Check Internet Explorer first. Once the browser goes to Tools select Internet Options, then Settings under the Browsing History Section. You will then be able to view files and see what pages your spouse has visited in the past weeks.
7.    Check your spouse’s email account. If the computer is located in the marital residence and is jointly used, it probably is not a violation.
8.    Hidden cameras.
9.    There is hardware available to place on your spouse’s computer to monitor online activities.
10.    Ask.
Can the birth mother choose the adoptive parents? Yes, she can select an adoptive family or have an adoption agency select a family for her pursuant to Wis. Stats. 48.833
1.    Renewed interest in appearance.
2.    Changing Internet use.
3.    Changing passwords on accounts and Internet.
4.    Changing credit cards and cell phones.
5.    Post office box.
6.    Lying and inconsistencies.
7.    Hiding telephone bills.
8.    Increased spending.
9.    Less sex.
10.  Less eye contact.
11.  Coming home at unusual times.
12. Refusing to give rational explanations for behavior.
13. Buying new perfume or cologne.
14. Sudden change in driving paterns.
15. Sexy, hot underwear.
16. Intuition.
17. Coming home late or not at all.
18. Irregular work hours.
19. Using myspace, facebook, twitter, etc.
20. Mood swings.
21. Showering at odd times.
22. Going down in the basement to talk on telephone.
23. Perfume on clothes.
24. Opening separate bank accounts.
25. Excessive interest of where you are going to be.
The Grandfamilies State Law and Policy Resource Center acts as a national legal resource supporting grandparents. The Grandfamilies State Law and Policy Resource 
For additional elder law and grandparents rights information, contact Attorney Lisa M. Vanden Heuvel at www.vhdlaw.com 1-800-805-1976.
