Who is Going to be Awarded Placement of my Dog, Jack, When I Get Divorced?

Pets are not considered children, and generally the Court will not award “placement” of the dog unless the parties themselves can work out some sort of an agreement.  Pets are considered property and Courts treat them as such during a divorce.  There are lawyers who specialize in pet issues.  Check your local bar association, animal law section.  You can also checkout the website of the National Association for Biomedical Research, Animal Law Section, at www.nabr.org/animallaw .

Who is Going to be Awarded Placement of my Dog, Jack, When I Get Divorced?

COBRA Coverage is Not Always the Best

Before selecting COBRA coverage after a divorce, the party requiring health insurance should compare the COBRA coverage to other individual plans, including temporary insurance plans.  This can be done by seeking information from various health insurance providers, but also try www.ehealthinsurance.com which allows for comparison shopping.

COBRA Coverage is Not Always the Best

Maintenance - What are other factors the Court may consider?

Wis. Stat. Sec. 767.56 Maintenance provides a list of considerations the court should take into consideration in awarding maintenance.  The last factor to be considered is “other factors as the court may in each individual case determine to be relevant.”  This other factor may include a relationship with another person on the date of divorce.  While the court may not relieve a payor of maintenance based solely on the fact that the payee is cohabitating, if cohabitation enhances the recipient spouse’s financial circumstances, then maintenance may be modified or terminated.  Addictions may also be considered “other factors.”  Consider alcoholism, gambling, marital waste, etc.  On the other side, significant health issues may be another factor.

Maintenance - What are other factors the Court may consider?

Don"t Just Accept the Results of a DSS Study. It Must be Supported by the Evidence

Wis. Stats. 767.405 (14)(b)1 provides that county custody/placement studies are governed by the rules of evidence.  The report must be offered in accordance with the rules of evidence and shall be part of a record in the action if it is so offered and admitted into evidence.  The court may review the report, but may not rely upon it as evidence before it is properly introduced.

Don"t Just Accept the Results of a DSS Study. It Must be Supported by the Evidence

Are Children"s Statements Admissible in a Court Proceeding?

Generally, such statements are hearsay.  Wis. Stats. 906.11 gives the Court broad authority to control the presentation of evidence, including statements of children in a custody case.  Look for a hearsay exception before offering the child’s statement.  You can potentially admit the child’s statement through an expert.  Wis. Stats. 907.03 allows experts to base their opinions on facts or data not available in evidence.  Hearsay exceptions which may be successful in the admission of a child’s statement include:

1.    Present sense impression;

2.    Excited utterance;

3.    The existing mental, emotional or facial condition; and

4.    Statements for purposes of medical diagnosis or treatment.Statements of recent perception are admissible under Wis. Stats. 908.045.  For example, if a child says something at school to a teacher or to a daycare provider Wis. Stats. 908.045 may be a successful hearsay exception.

Are Children"s Statements Admissible in a Court Proceeding?

Don"t Confuse Gifted or Inherited Property with Property Brought to the Marriage

Wisconsin property division statutes Wis. Stat. Sec. 767.61(3) creates a presumption that the marital estate should be divided equally, except for properties shown to have been inherited or gifted.  Inherited property is removed from the presumption entirely.  Under 767.61(3) the presumption applies subject to a number of adjustments to all other property.  One of the adjustments is (b) property brought to the marriage by each party.  Property brought to the marriage by each party is subject to the presumption and it must be argued that an exception to the presumption should be made giving the property back to the client.  Look to the length of the marriage and the work history of the parties in order to address property brought to the marriage.

Don"t Confuse Gifted or Inherited Property with Property Brought to the Marriage

New Law -Carbon Monoxide Detectors Will Be Required In All Homes

New Law -Carbon Monoxide Detectors Will Be Required In All Homes