Nicholas J.B. Pasquale’s Answers

Nicholas J.B. Pasquale

Neenah Divorce / Separation Lawyer.

Contributor Level 12
  1. Who is responsible for paying for a home that is currently on the market?

    Answered over 2 years ago.

    1. Nicholas J.B. Pasquale
    2. Nicholas C. Zales
    3. Teri M. Nelson
    3 lawyer answers

    If not spelled out in the divorce judgment. you could file a motion to clarify the issues with the family court.

    4 lawyers agreed with this answer

  2. Under what grounds will the judge grant termination of parental rights voluntarily in Wisconsin?

    Answered over 2 years ago.

    1. Nicholas J.B. Pasquale
    2. Jane E Probst
    2 lawyer answers

    I agree with Attorney Probst. In addition to the statutory grounds for termination, the court must find that terminating your parental rights is in the best interests of the child. Many courts have viewed this to mean that unless there is someone stepping into your shoes to assume your rights (like a step parent), terminating your rights is not in the child's best interest. You should consult an attorney who practices termination in area. Hope this helps.

    4 lawyers agreed with this answer

  3. Bk7 to Re-Organization (BK 13???) because of pending PI Claim Award from a Car Accident

    Answered about 2 years ago.

    1. Dallas William Jolley Jr
    2. Paula Brown Sinclair
    3. Jeffrey B. Lampert
    4. Nicholas J.B. Pasquale
    5. Christian K. Lassen II
    6. ···
    6 lawyer answers

    Speak to an experienced bankruptcy attorney in your area right away. How much of the PI claim you can exempt from your creditors will play a large role in determining whether you should file chapter 7 or chapter 13.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. If I don't contest the restraining order do I have to show up in court?

    Answered 9 months ago.

    1. Nicholas J.B. Pasquale
    2. Tajara Dommershausen
    3. James CW Bock
    3 lawyer answers

    If you are not contesting the court imposing the injunction on you, then no, you do not need to appear. The court will issue the injunction against you as you "defaulted" on contesting the relief requested.

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  5. How do I request my divorce judgement be vacated and reopened for reconsideration ?

    Answered 11 months ago.

    1. Nicholas J.B. Pasquale
    1 lawyer answer

    You would have to file a written motion and affidavit with court both requesting a hearing and stating a sufficient basis under 806.07, Wis. Stats, for relief from judgment. If you raised these issues at the time of divorce and the judge did not agree with your position, you may be able to appeal the decision to the court of appeals assuming you are still within the time limits to do so. Attempts to vacate a judgment simply to have the judge reconsider the decision are not likely to be...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. 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 almost 2 years 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

    1 person marked this answer as helpful

  7. 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 about 2 years 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...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

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

    Answered about 2 years 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!

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

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

    Answered over 2 years 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...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

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

    Answered over 2 years 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

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