Alison H. S. (Davis) Krueger’s Answers

Alison H. S. (Davis) Krueger

Wauwatosa Divorce / Separation Lawyer.

Contributor Level 6
  1. I am getting a divorce and have 4 children and there was domestic violence.

    Answered almost 2 years ago.

    1. Alison H. S. (Davis) Krueger
    2. Mark Alan Mackin
    3. Bettina Yanez
    3 lawyer answers

    In cases where there is evidence of domestic abuse, the Court may award sole legal custody to one parent. Have you sought a domestic abuse restraining order/injunction? Is there a no contact order issues through the criminal case? You have described some very serious legal and safety issues. You should consult with an experienced family law attorney in your area. Your attorney can help you navigate through the divorce process and advocate your goals to the GAL.

    4 lawyers agreed with this answer

  2. Can I get married in other state, without waiting 6 months?

    Answered over 2 years ago.

    1. Alison H. S. (Davis) Krueger
    1 lawyer answer

    You cannot get married anywhere in the world until 6 months have passed after your WI judgment of divorce is granted. If you do, that marriage is void in WI and everywhere else. It is important that you follow this prohibition because should you obtain health insurance benefits or any other "benefits" through that subsequent marriage, you are committing a fraud since the marriage is not legal. Unfortunately, you will have to wait the full six months before remarriage.

    4 lawyers agreed with this answer

  3. Can either spouse spend money in joint accounts during divorce?

    Answered over 1 year ago.

    1. Alison H. S. (Davis) Krueger
    2. Nicholas C. Zales
    2 lawyer answers

    The Wife should consult with an attorney experienced in family law. It appears that both parties have violated the Court's Orders with respect to temporary issues. These issues will be addressed in a final Judgment of Divorce, but it may be necessary to return to Court to modify or enforce the Temporary Order.

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  4. Do I have grounds to limit parenting time and have full custody? He has an atty, do I need one?

    Answered over 2 years ago.

    1. Alison H. S. (Davis) Krueger
    2. R. S. Missimer
    2 lawyer answers

    You mention that you have an "active harassment restraining order." Does that mean that you have an injunction for harassment against the father? If so, then under WI Statutes, you cannot have joint legal custody (decision making) because the injunction prohibits you from communicating. The process of mediation is to help parents reach agreements, but it is voluntary and you do not have to reach an agreement. If you do not believe that the proposal made is in your child's best interest,...

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  5. Can my divorce be finalized without genetic testing?

    Answered over 1 year ago.

    1. Jane E Probst
    2. Alison H. S. (Davis) Krueger
    3. Peggy Margaret Raddatz
    3 lawyer answers

    I agree with Attorney Probst. The Court will require that a Guardian ad Litem be appointed and, most likely, that a paternity action be commenced. The Guardian ad Litem can make a recommendation to the Court to overcome the marital presumption without the need for genetic tests.

    3 lawyers agreed with this answer

  6. Do I need to file for divorce or can I file under abandonment clause?

    Answered over 2 years ago.

    1. Alison H. S. (Davis) Krueger
    2. Laura A. Stack
    2 lawyer answers

    Wisconsin is a no fault divorce state which means that the only "grounds" for divorce is that the marriage is "irretrievably broken." In other words, the reason why you wish to be divorced (including abandonment) is irrelevant. You can file a Petition for Divorce and serve him by publishing the Petitioner in a newspaper in the community where you know that he last lived, even if you know that he may no longer be there. With social media today, it is often easy to find someone online with a...

    3 lawyers agreed with this answer

  7. How would alimony be affected if the supporting spouse owns a business and deliberately kept their income low in case of divorce

    Answered about 2 years ago.

    1. Alison H. S. (Davis) Krueger
    2. Teri M. Nelson
    2 lawyer answers

    I agree with Attorney Nelson's response. The issues that you describe in your post suggest that you need to take action to protect yourself. While perhaps getting divorced wasn't your decision, you now need to find legal representation to protect your interests. It sounds like your husband has been trying to 'protect' himself for many years and now it is your turn to ensure that your financial interests are best protected. Please considering consulting with an experienced family law...

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  8. A motion was filed that during my divorce I cant live with my boyfriend who I have been living with now for 5 months.

    Answered almost 2 years ago.

    1. Jane E Probst
    2. Alison H. S. (Davis) Krueger
    2 lawyer answers

    The Court will be obligated to consider all of the facts and evidence when considering temporary placement of the children. Generally, the Court does not approve of children being introduced to significant others while a divorce is pending; however, it also sounds like your husband does not have suitable living arrangements for the children. You will need to provide evidence at the hearing to support your position; therefore, you should consult with an experienced family law attorney to...

    2 lawyers agreed with this answer

  9. If I was ordered to pay my spouse maintenance during the temporary orders, where in the final papers can I request to end this?

    Answered over 2 years ago.

    1. Alison H. S. (Davis) Krueger
    1 lawyer answer

    Since your case is still pending, the final determination of maintenance and child support has not yet been decided. Your post isn't clear if either you or your husband have legal counsel, so I will assume that you do not. The court will schedule a Pretrial Conference to determine the issues in the case and to determine whether or not an agreement can be reached to resolve the issues in your case. If your husband will not agree to cease the maintenance payments, you will need to have the...

    2 lawyers agreed with this answer

  10. How can I best determine just how good a Family Lawyer is before retaining said attorney?

    Answered over 2 years ago.

    1. Alison H. S. (Davis) Krueger
    2. Tajara Dommershausen
    3. Jane A. Jacobs
    4. R. S. Missimer
    4 lawyer answers

    Generally when selecting a family law attorney, you should ensure that the lawyer has experience in family law cases with issues related to your case. You should also make sure that the attorney practices regularly in the County of your case in order to be able to advise you regarding how the Court may proceed in certain matters. You will want to know that the attorney has sufficient time to handle your case and the staff to assist when she/he is available. Finally, I always recommend to my...

    2 lawyers agreed with this answer