Rebecca Millenbach’s Answers

Rebecca Millenbach

Wauwatosa Divorce / Separation Lawyer.

Contributor Level 8
  1. Do i need to hire a attorney if my wife doesn't want to give me the divorce?

    Answered over 2 years ago.

    1. Rebecca Millenbach
    2. Nick Passe
    3. Jane A. Jacobs
    4. Robert Ricci
    5. John Robert Kormanik
    5 lawyer answers

    It only takes one person to believe that the marriage is irretrievably broken to get a divorce. So the fact that your wife does not want a divorce should not hold up the proceedings indefinately. Has the court set a trial date yet or are you still at the pre-trial stage? Next time you are in court ask the court to set a trial date so you can have the matter over. It would not hurt to meet with an attorney to ensure your divorce gets completed soon.

    6 lawyers agreed with this answer

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  2. What impact can adultery have on child placement in a divorce taking place in Wisconsin?

    Answered over 2 years ago.

    1. Rebecca Millenbach
    2. Laura A. Stack
    3. Jane A. Jacobs
    4. Peggy Margaret Raddatz
    4 lawyer answers

    Your extramarital affair will not have an influence on your placement. Where affairs may become relevant is if the relationship continues and you decide to make decisions that may not be in the best interest of your kids. For instance, if you move in with your boyfriend and have visitation with the kids at the boyfriends house, if you were to introduce the kids to him (as your boyfriend) before the filing or completion of the divorce or if he is abusive toward you. Expect your husband to...

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  3. My husband put his entire rertirement into an IRA what part would i get in a divorce

    Answered over 2 years ago.

    1. Thuong-Tri Nguyen
    2. Rebecca Millenbach
    3. Frances Turean
    4. Mark L. Alexander
    4 lawyer answers

    Since the divorce is not yet final, you should be entitled to some (if not half) of the entire retirement. This of course depends on a number of circumstances, such as whether this money was pre-marital or recieved from a source that would be exempt from division. Do not sign anything until you consult with an attorney.

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  4. Suing a divorce attorney for possible unethical practices?

    Answered almost 2 years ago.

    1. Rebecca Millenbach
    2. Tajara Dommershausen
    3. Alan James Brinkmeier
    3 lawyer answers

    Its not unusal for a divorce to take a year or longer, even when there is no children. I understand that your friend wanted faster action and a faster resolution. Sometimes both of those are outside of the attorney's control. If you want to sue for malpractice you would have to show that your friend has actual damage from the attorneys conduct. I don't think your friend will be able to do that. Not to mention, suing the attorney will just keep bringing back negative thoughts and memories....

    4 lawyers agreed with this answer

  5. Divorced finalized 6-4-12 in Winnebago County Wisconsin. Can I appeal to Judges decisions? If so, what time frame?

    Answered over 2 years ago.

    1. Rebecca Millenbach
    2. Teri M. Nelson
    2 lawyer answers

    There is a very strict timeline for filing an appeal. It is 90 days from final judgment. However, when exactly that final judgment is entered can be questionable. I highly suggest that you contact an attorney who specializes in appeals. If you miss your deadline, you miss your opportunity to appeal.

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  6. Seeking advice on answering a petition

    Answered over 2 years ago.

    1. Howard M Lewis
    2. Rebecca Millenbach
    3. Robert Ricci
    3 lawyer answers

    I can understand why you are confused by your divorce papers. The court requires you to respond to the the Petition, not acknowledge receipt of the petition. (The court already knows you were served) What you need to do is look at what your spouse stated in the petition and let the court know if you agree with it. For instance, your name, date of birth and occupation. If it is stated correctly then acknowledge that in your response. If your spouse indicates that "she is a fit and proper...

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  7. My daughters father is going to be taking me to court for 50/50 placement. He sees her maybe one a week for a couple of hours.

    Answered almost 2 years ago.

    1. Rebecca Millenbach
    2. Tajara Dommershausen
    2 lawyer answers

    There are many factors the court will look at when determining what is an appropriate placement schedule. If he has not been consistent with his current schedule, I wonder how he is going to be able to show a substantial change in circumstances warranting a modification in the first place! The law also presumes that the status quo is in the child's best interest. You should contact a qualified family lawyer and discuss the motion.

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  8. Child support lien on house

    Answered over 2 years ago.

    1. Rebecca Millenbach
    2. Laura A. Stack
    3. R. S. Missimer
    3 lawyer answers

    Child support enforcement can attach any asset that has your husband's social security number on it. Whether it is a home, car or bank account. So, yes, child support can put a lien against your house.

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  9. I am looking for a good divorce lawyer. Valorie Kohn was recommended to me but I see she is retired. I live in Milwaukee WI.

    Answered over 2 years ago.

    1. Rebecca Millenbach
    2. Nick Passe
    3. Teri M. Nelson
    4. Laura A. Stack
    5. M Yehuda Handler
    5 lawyer answers

    You need to find a lawyer who you feel will best represent your interest. During the divorce process you and your lawyer have many difficult discussions and you need to believe that the person you hired has your best interest at heart. In order to find a good divorce lawyer I would recommend meeting with several lawyers and selecting the one that you feel most comfortable with. Good divorce lawyers will offer a free consultation. This will be time well spent.

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  10. Is it possible for my boyfriend and I to drop charges against eachother if we havent been charged yet?

    Answered almost 2 years ago.

    1. Rebecca Millenbach
    2. Charles K. Kenyon Jr.
    2 lawyer answers

    You should contact a criminal defense attorney to answer this question. If you have not been charged it is possible that a criminal defense attorney could speak to the DA about not pressing charges. Normally, however, once the State has the file, it is up to them to charge and not the victim(s), hence the caption, The State of Wisconsin vs. so and so ,,,,

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