Nicholas J.B. Pasquale’s Answers

Nicholas J.B. Pasquale

Sheboygan Divorce / Separation Lawyer.

Contributor Level 11
  1. My nephew was placed in foster care. His dad is in jail & his mother was unfit. Can I contact family to see how he is doing?

    Answered about 1 year ago.

    1. Nicholas J.B. Pasquale
    2. Gregory J. Jerabek
    2 lawyer answers

    You can certainly try to contact the foster family (you are not in trouble if you try); but be forewarned, the foster family is under no obligation to talk to you about the child or permit you to have contact. If you can't get anywhere with the foster family, try contacting Child Protective Services for the county in which the child is located and see if you can talk to the child's social worker (since it is likely that the child is under a Child in Need of Protective Services Order). Again,...

    3 lawyers agreed with this answer

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  2. WI is a marital property state. Can the parties in a divorce come to an agreement that is not a 50-50 division of property?

    Answered over 1 year ago.

    1. Nicholas J.B. Pasquale
    2. Andrew Joel Golden
    3. Jane A. Jacobs
    3 lawyer answers

    Absolutely. If the parties agree to an unequal division of property it is highly unlikely that the court will reject the agreement. In the situation where you and your spouse cannot agree, you have a pretty good argument that the marital estate (all property not received as a gift or inheritance either before or during marriage) should not be divided equally given the length of marriage. There are quite a few factors to consider in rebutting the general presumption of equal division. You...

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  3. Can you re- open or overturn a collaborative divorce if fraud was found after the fact

    Answered over 1 year ago.

    1. Howard M Lewis
    2. Nicholas C. Zales
    3. Nicholas J.B. Pasquale
    3 lawyer answers

    I agree with Attorneys Lewis and Zales. Also, regardless of whether the divorce was collaborative/adversarial, or was stipulated/contested, you can move to vacate a judgment based on allegations of fraud or misrepresentation. See sec. 806.07 of the Wisconsin Statutes for the specific grounds and procedure on seeking Relief from Judgment. Good Luck!

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  4. Can a judge hold an affair against one party or another in a divorce in WI? for determining finances and custody?

    Answered over 1 year ago.

    1. Nicholas J.B. Pasquale
    2. Tajara Dommershausen
    3. Nicholas C. Zales
    3 lawyer answers

    With regard to the finances, you could be awarded a larger share of the marital estate if you can show that your husband expended marital funds/assets in his extramarital activities. With regard to more custody, WI says that the presumption is joint custody unless there is evidence of domestic violence or substantial impediment to the exercise of joint decision making. Depending on the facts surrounding the affair, who the affair is with and whether the new significant other is going to be...

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  5. Notification of chapter 7 for an ex wife or husband

    Answered over 1 year ago.

    1. Nicholas J.B. Pasquale
    2. Mark P. Maciolek
    3. Dorothy G Bunce
    4. Carrie Elizabeth Hurtik
    4 lawyer answers

    He would receive notice for 2 reasons: First, some of the debts listed in the bankruptcy are joint debts between your husband and his ex (likely assigned to ex in divorce), or second, wife pays some domestic support obligation to husband pursuant to the divorce judgment. Keep in mind that in a chapter 7, debts assigned pursuant to a divorce settlement or judgment are not discharged. If the creditor seeks payment from your husband for a debt of this kind he can implead the ex or seek...

    5 lawyers agreed with this answer

  6. Why do the plaintiff files " request for dismissal " ?

    Answered over 1 year ago.

    1. Robert Harlan Stempler
    2. Nicholas J.B. Pasquale
    3. Paula Brown Sinclair
    3 lawyer answers

    so many possible reasons and too few characters available on this site to explain them all. could be as simple as the plaintiff not wanting to proceed.

    5 lawyers agreed with this answer

  7. My husband deserted my son and i in 2000 along with a piece of property can i transfer it to just me, he lives in another state.

    Answered about 1 year ago.

    1. Nicholas J.B. Pasquale
    2. Judy A. Goldstein
    2 lawyer answers

    If you and your husband are both on the deed, you both would need to sign a new deed transferring the complete interest in the property to you. However, even if you were able to accomplish this during the marriage, the property remains divisible between the parties in a divorce action. You should contact a divorce lawyer in your area. With as much time that has elapsed since your husband left and with you paying the bills for that long, you have a wonderful argument that the home (its equity,...

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  8. I'm going to family court supposedly for contempt on our stipulation. I am not in contempt. What do I do?

    Answered 12 months ago.

    1. Nicholas J.B. Pasquale
    2. Jason Todd Studinski
    3. Nicholas C. Zales
    3 lawyer answers

    What is the nature of the alleged contempt (ex. failure to pay support, enforcement of placement, etc.)? Was an "order to show cause for contempt" or a "motion for contempt" filed?

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  9. How can a person in wisconsin get divored and be ble to remarry in july

    Answered about 1 year ago.

    1. Teri M. Nelson
    2. Howard M Lewis
    3. Nicholas J.B. Pasquale
    3 lawyer answers

    If you are a resident of Wisconsin and your spouse is a resident of Wisconsin, they you will have to file for divorce in Wisconsin. Pursuant to sec. 767.335(1), a Wisconsin court cannot grant a judgment of divorce until 120 days have elapsed from the date the other party was served upon the other party or 120 days have elapsed from the filing of a joint petition. Thus, if you file for divorce in Wisconsin (and assuming that there are no contested issues) you will not be able to be divorced,...

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  10. Wisconsin courts told me to have papers served on my ex for change of placement. what is each step i need to go through?

    Answered over 1 year ago.

    1. Nicholas J.B. Pasquale
    2. Jane E Probst
    3. Teri M. Nelson
    4. David Alexander Browde
    4 lawyer answers

    You can file a motion to dismiss based upon a lack of standing (issue is moot) and lack of jurisdiction. The court does not have the authority to enter an order for placement over an adult child in a divorce/paternity matter. The jurisdiction challenge is the better argument, but assert every claim you can when challenging a motion. Call me if you want to discuss further 920-459-8490.

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