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Teri M. Nelson
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Teri Nelson’s Answers

870 total


  • Can my ex give his wife power of attorney over kids if we share joint custody

    ex is in jail and he had placement of kids but we share joint custody

    Teri’s Answer

    No. She has no right to make custodial decisions over your children. And, why does she even have the children if he is not there? They should come back to you. Further, why is he in jail? If he is going to be in jail for any length of time or if what he is in jail for affects the children, it is possible that the orders may need to be changed in your case. You need to consult with an experienced family attorney to review your situation quickly!

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  • Is the wife entitled to a military pension if divorced after 4 years of marrage?

    My husband and I have been married for 4 years and we both want a divorce. Am I (the wife) entitled to any of his military pension?

    Teri’s Answer

    While I agree with all of the previous answers, there needs to be some clarification. A military pension cannot be directly divided unless you have been married during at least 10 years that the spouse served active military duty. Therefore, in this instances, you would not be entitled to receive a portion of the pension directly from the military.

    However, as previously stated, all assets are subject to division in a divorce and there is a way to calculate an estimate of the value of a pension or part of a pension. If your spouse was in the military while you were married and, therefore, part of the value of the pension accrued during the marriage, the court may award you other property to offset that value. However, if you were not married during the time that the pension accrued (while he was in the military), it is extremely unlikely that the court would award you an offset against any value of the pension.

    As always, your best option is to seek the advice of an experienced divorce attorney to assist you and to obtain the best possible outcome for you in your divorce.

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  • Who processes investment division from divorce decree?

    Investments are in my name only and spouse awarded half. Is the receiving spouse attorney to do the paperwork to pull out the half? Not specific in decree.

    Teri’s Answer

    It depends on the type of investment. If it is a qualified retirement account such as a 401(k) or pension which requires a special order to be divided, called a Qualified Domestic Relations Order (QDRO), then it is the attorney's job to make sure that happens. And, generally, it is responsibility of the attorney of the receiving party to take care of that (your spouse). However, if it is simply a regular investment like stock or mutual funds, or an IRA which does not require a QDRO, then you would be responsible since it is your account. Often, even if the other party or other attorney wanted to take care of this, an institution will only deal with and/or talk to you as the sole account holder. Therefore, you would need to obtain the proper forms from the institution which holds the investments. This is usually a fairly simple matter, requiring only one form, to initiate the transfer.

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  • Is there a way I can get my overpayment reduced by Wisconsin

    Paying $157.00 every 2 weeks

    Teri’s Answer

    Sorry but your question is not clear. You need to restate and clarify. What overpayment? For what? Why do you believe you are overpaying? In the alternative, consult with an experienced family law attorney who can answer your specific questions.

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  • I have court for a restraining order on my ex for harassment. Is it possible I can get my child covered under my restraining?

    I have proof that he is selling drugs out of his house and was once homeless. And I believe he could be a threat to my child and I wanted to know if I could use the proof I have and have my child covered under my restraining order.

    Teri’s Answer

    No, the court cannot address any other issues at a restraining order hearing with the possible exception of how placement of your child will occur if you can't communicate. Absent some direct harm to your child which would be grounds for a child abuse restraining order, if you want to deny or minimize placement, you would need to file a motion in family court to do that. You should consult with an experienced family court attorney to discuss your situation.

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  • How do I set myself up ahead to protect myself and my security? Can you assist me?

    My husband of 28 years has been cheating on me with other women, not physical but online. He admits he has and says he will stop, but as of yesterday has not. When caught by me we talked openly about it all. He has now promised me again he will ge...

    Teri’s Answer

    No one can make the emotional decision for you as to whether to file for divorce or not. However, you should consult with an attorney to find out all of your options and likely results for you. This may assist you in making your decision one way or the other.

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  • Divorce in Wisconsin

    I just moved to Wisconsin three weeks ago, and I got married in Texas by proxy. My husband is currently in a prison in Wisconsin, and I wanted to file for a divorce. What is the process in Wisconsin? How long must you be a resident to file? Thank...

    Teri’s Answer

    As long as one resident has lived in Wisconsin for 6 months, you can file for divorce. The question is - is your husband an actual resident if he is in prison? I would say yes but that would be up to a court. What I usually tell people to do in these jurisdictional situations is to wait 30 days, file for legal separation (you only need 30 day residency for that ) and covert to a divorce later after the 6 months has passed.

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  • My husband had a commitment order issued for child support with a $1250.00 purge. The county is 4 hours from our home so I next

    Day aired the money and it arrived friday. The lady in charge of purges was out of her office until 330 pm and judges were gone for the day to release him So he sat all weekend in a county close to our home. I then received a call that he was tran...

    Teri’s Answer

    This sounds like a unique set of circumstances conspired against your husband with a very negative outcome. Unfortunately, this is an all too common occurrence in the legal system and there isn't much you can do about it after the fact. If you would have had an attorney involved, perhaps this could have been avoided. Therefore, I strongly recommend you retain one now for the best possible results in the future.

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  • What if want to file a no contest divorce in a no fault state?

    I do not want anything out of the marriage. I don't want the house, pension or retirement from husband. How difficult will that be when filing?

    Teri’s Answer

    In Wisconsin, the process is not any different in a no contest divorce vs a contested divorce. In some states that is true but here it is not. You still must file the same paperwork and go through the divorce the same way. The only difference is that there will be less conflict, of course, if the parties reach an agreement on all issues. I agree with the other attorneys, however, that you should at least consult with an experienced divorce attorney to determine what your options are and what you would be entitled to before you agree to give anything up. Making an informed decision is crucial to avoiding any mistakes or regrets later. You can also find out from an attorney how the process works, what paperwork needs to be filed and the requirements of your particular county. Many attorneys offer free initial consultations so it cost you nothing to take this important first step.

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  • Can i change childs last name if i have sole legal custody?

    I have just been given sole legal custody of my daughter. her father is in prison for child abuse and my daughter has not only been diagnosed with ptsd and is on medication from this issue but also is wanting to change her last name to my last n...

    Teri’s Answer

    To change the name of any child more than a year old, you must file a formal name change petition and serve the father with notice. He may try to object but chances are, the court will approve your request given the circumstances. If he doesn't object, the court will certainly grant the request. Check with your county clerk - most counties have a fairly easy process for a name change and you can easily do this yourself with minimal cost. Good luck!

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