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R. S. Missimer

R. Missimer’s Answers

1,525 total

  • How do I go about switching a legal separation to a divorce?

    My and my husband have been pretty much apart for the last 9-10 years now but for the last year not together at all. i filed for a legal separation and we are to go to court for a temp. hearing on Feb 7th but I want it changed to a divorce. I have...

    R.’s Answer

    Go on the web and search for "WI FA-4163V" It is a single form.

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  • Can I have a statement changed that was misunderstood and wrote out wrong removed from medical records

    My 10 month old daughter was injured at daycare at the emergency room I was asked so many questions and felt as if they were accusing me of hurting her I answered their question in way of not knowing they were documenting it as a statement and I h...

    R.’s Answer

    You will get a much better group of answers if you put this in the Civil Action section. It is not really (criminal) child abuse. Start there.
    Just because you have a wrong file in medical doesn't mean that is the end of the record. Go prove it wrong. That proof will be far more powerful than a Q/A at the doctors office.

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  • Marriage still valid?

    When I got married in 2007, in Wisconsin, they asked me what my highest grade completed was, I had my high school EQUIVELANCY diploma, so I answered, 12th. I technically finished tenth grade, then got my high school equivelancy diploma, not my reg...

    R.’s Answer

    These are not considered vital information. They are used by the Wisconsin State Registrar who is responsible to turn these statistics over to the Federal Government. Where they are gathered and published as a national statistic.

    Do not worry.
    Yes the marriage is valid.

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  • If we divorce will I be entitled to 1/2 of our real property? Deed says husbands name and wife survivorship marital property

    My husband and I inherited our real property from my husbands parents. When the quit claim deed came in the mail it only had my husband's name on it I made sure that we filed necessary paperwork and when the new quit claim deed came in the mail i...

    R.’s Answer

    The fact that the property does not have both your names is not the important issue here. Or that the debt (if any) has only his name. If it happened during the marriage then it is ASSUMED to be marital property unless a) it was a gift or b) inheritance.
    The inheritance issue is not always an issue unless the property was kept completely in his name AND that no marital money went to support the property for any significant period of time.
    For example...
    If the wife had a horse that was a gift from the parents, and there was an insurance policy on the horse when, it died, paid for by the parents. The court might still find the horse marital property if the marriage was long and the cost of the boarding and feed was paid for out of marital funds.

    So, in your case if he has owned it for 10 years but the insurance, taxes, and cost of ownership came from the marriage the court might consider it marital. It would help if payments of any kind were made from marital funds. It would help that you two lived there before the transfer and made payments to live there marital. But these are not these we know at this point.

    Better to get an attorney and figure these things out then to lose interest in it.

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  • How does the six month waiting period after divorce in Wisconsin apply to other states?

    My divorce hearing is scheduled for late March 2014. I understand that I would not be able to marry in Wisconsin for six months after the divorce is finalized; does that apply to marriages in another state or country as well?

    R.’s Answer

    Each state has its own statutes regarding marriages, but Wisconsin will never consider it a valid marriage if the full 6 months has not passed.

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  • Is a signed Marital Property Settlement agreement valid for only a certain period of time?

    If a party in a divorce action does not submit the financial disclosure form as required, what can be done? The Marital Property Settlement Agreement has been signed between both parties but cannot be submitted because the financial disclosure fo...

    R.’s Answer

    Every court is a little different but...
    The submittal of the MSA can be submitted to the court for their approval well in advance of the default hearing. The submittal of the FinDis has to be done by the court date on the default hearing. They may order differently, by it happens all the time. After the default hearing you will need to submit a Findings of Fact, Conclusions of Law, and Judgment of Divorce along with the Certificate of Divorce and the filing fee (if any is required).
    So, I am not sure what the problem is but it is not likely the MSA itself.

    You do realize that you need to take four(4) copies and the Original of the MSA and file it with the Clerk of Courts for the county the action. They will file stamp them all, and return the copies to you. Then it is filed, you don't actually care if it makes it to CCAP. Distribute the copies (keeping one for yourself). The file stamp is the proof.

    The FinDis also should be handled this way. Then you will get a copy that is file stamped. It is hard to argue about filing when you get your copy.

    Once you have filed the FinDIs and the MSA, contact the clerk of courts and schedule a default hearing date. It should go smoothly from there.

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  • Marital property

    My husband and i are separated (not by the courts). I have primary placement of the children and receive child support. This weekend my husband stole my wallet and emptied my bank account. His name is not on the account. He also has my child s...

    R.’s Answer

    YES and NO.
    I am assuming you have a temporary order because you say you have child support.
    If you have a temporary order then he has been ordered to not interfere with your rights.
    Spending money that the courts awarded you after a temporary order will get him contempt.

    You need to seek an attorney quickly before there isn't anything to fight over.

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  • Can a petitioner violate a restraining order by contacting the respondent after a TRO or injunction has been issued?

    813.125  Harassment restraining orders and injunctions. 5) Petition. (a) The petition shall allege facts sufficient to show the following: 1. The name of the person who is the alleged victim. (6) Arrest. (am) A law en...

    R.’s Answer

    TROs and Restraining Orders are against only one person the Respondent.
    The Petitioner has not been ordered to have no contact (unless there is a second restraining order against them. Mutual restraining orders are not uncommon.

    BUT... If the petitioner makes first contact, and is the aggressor in any form, the court is not likely to charge the Respondent with a violation. Every county is different, so try not to go there, ok.

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  • What can I do if I don't think the guardian ad litem will be impartial?

    My ex and I were court ordered mediation for the placement schedule of our daughter. Every time I move to the middle my ex moves farther away from a deal. They wanted a guardian ad litem from the beginning. This is taking place in Manitowoc. Mani...

    R.’s Answer

    GALs are either long term contract, or assigned from the county pool of attorneys that want the work.
    So, the only possible way you will get another GAL is to submit a signed agreement with the attorneys and the parties agreeing to a particular individual for the GAL. In most counties that won't work.

    I have only had it work out once in all my years of practice.

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  • Can I leave the state with my newborn son

    Hi, I am about to have my son this Thursday and I was wondering if I was able to leave the state without his fathers consent. He told me that if I did leave he would press kidnapping charges against me. If I did leave is there any legal way I woul...

    R.’s Answer

    Because you use the word father instead of husband we all assume you are not married.

    UCCJEA is the chapter of the WI STATUTES (chpt 822) that control where the legal action would be held after the child is born. The jurisdiction starts there. So, you should be where you want to live before the child is born. Father will have to sue there if he wants any parental rights.

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