Diane L. Mader’s Answers

Diane L. Mader

Middleton Divorce / Separation Lawyer.

Contributor Level 11
  1. I am getting divorced in WI. If my spouse walked out years ago, are they still entitled to 1/2 any equity?

    Answered over 4 years ago.

    1. Diane L. Mader
    1 lawyer answer

    You are not stupid - you have been taken advantage of, unfortunately. You need to seek the advice of a local experienced divorce attorney. The answers to your questions are complicated and depend on the overall facts of your case. Divorce is complicated and requires expert assistance. As you are probably aware, Wisconsin is a marital property state. Even though you bought the house before the marriage, under some circumstances the Court may decide the property is marital. The filing of...

    1 lawyer agreed with this answer

  2. (New York Family Law) Should a visitation denial be negotiated or should it go through family court?

    Answered over 4 years ago.

    1. David Alexander Browde
    2. Diane L. Mader
    3. James Thomas Neavitt
    3 lawyer answers

    Attempting to work things out through mediation is faster and cheaper than returning to court. It sounds like you are open to trying once more to work something out and there is certainly nothing to loss by trying and much to potentially gain. If mediation does not work, you will need to return to court but in this type of child issue, the more you can decrease conflict and avoid court, the better. Disclaimer: This answer does not create an attorney client relationship or constitute legal...

    2 lawyers agreed with this answer

  3. Divorce help!

    Answered about 4 years ago.

    1. Diane L. Mader
    1 lawyer answer

    I am sorry to hear of your daughter's difficulties. Your probably can't help your daughter on your own. She needs to retain a competent divorce attorney to guide her through the divorce process. Your daughter signed some papers and sent them back but doesn't even know what the papers were although she did know that some of the statements in the papers were untrue. That can't be good! I understand that it costs money to retain an attorney for your daughter but given what you have said,...

  4. How do i get the father to pay for uncovered medical expenses?

    Answered about 4 years ago.

    1. Diane L. Mader
    1 lawyer answer

    I am sorry to hear you are having this problem. In order to make a record that you have requested that the children's father pay one-half of the uninsured medical bills, it would be wise to send him a copy of the bills you are requesting reimbursement for and a dated cover letter requesting reimbursement. Save a copy of your request. If your children's father still does not pay, you will need to file a contempt action with the divorce court asking that the terms of the Divorce Judgment be...

  5. Divorced and have kids. Ex has visits. asked court to change visitations. What do I do next?

    Answered over 4 years ago.

    1. Ronald K. Phillips
    2. Diane L. Mader
    2 lawyer answers

    It will be difficult for you to make your case without legal representation. You asked in your follow up question whether witnesses can appear by telephone. They can, if the Court gives them permission to do so in advance. So, if you are representing yourself, you would need to write the Court and ask for permission before the hearing. If permission is denied, your witnesses will have to appear in person. It is impossible to tell you how to put together your case for the Judge. The best...

  6. My Husband and I are getting divorced for the second time. Do I have any rights to the house?

    Answered over 4 years ago.

    1. Diane L. Mader
    1 lawyer answer

    You need representation in this divorce to protect your rights. You should immediately interview local experienced divorce attorneys and hire the one you believe is right for you. In general to your question: Wisconsin is a marital property state. Property brought to or acquired during the marriage, with some exceptions, is considered marital and to be divided equally. However, I cannot give you legal advice and there are many exceptions to the rules. Again, please get legal help as soon as...

  7. Is there any way that I can make my spouse move out if we jointly filed for divorce and house is in my name?

    Answered over 4 years ago.

    1. Diane L. Mader
    1 lawyer answer

    I am sorry to hear about your problems. You need to hire a local experienced divorce attorney to represent you. Talk with an attorney about legal steps you could take to have the court order your husband out of the house. An attorney will advise you about whether or not that is possible in your county while the divorce is pending. Good luck. disclaimer: Answering this question does not create an attorney client relationship. It is not legal advice.

  8. If I leave my home and leave my son behind while I figure out options, can I be charged with neglect/abandoment?

    Answered over 4 years ago.

    1. Diane L. Mader
    1 lawyer answer

    I am sorry to hear of your situation. You should hire a local experienced divorce attorney to represent you. Divorce is a complicated legal proceeding. Leaving the house is not considered abandonment but might effect placement and custody decisions in the long run. Again, I think it is important you get legal advice as soon as possible about how best to prepare for divorce. Disclaimer: Answering this question does not create an attorney client relationship. It is not legal advice.

  9. My wife is leaving me. Compensation for car?

    Answered over 4 years ago.

    1. Ronald K. Phillips
    2. Diane L. Mader
    2 lawyer answers

    I agree with Attorney Phillips. You need to consult an attorney to represent your interests and who can advise you on the law and apply them to the facts of your specific case. Wisconsin is a marital property state and from what you say, it sounds like the car is marital property. You should be compensated for half the value of the car less the amount outstanding on the loan, but other property and debts of the marriage also have to be evaluated. Disclaimer: This is not legal advice. It...

  10. I just recently found out that my husband has a child support order against him. How can I legally obtain a copy of that order?

    Answered over 4 years ago.

    1. Diane L. Mader
    1 lawyer answer

    You could try going to the state court website to see if there is a support order listed under your husband's name. You could also ask your husband to show you a copy of his credit report and see if a child support order is listed. You could ask your husband for a copy of his wage statement and see what is being garnished and to whom the garnishment is being sent. Disclaimer: This is not legal advice and shall not be relied on as legal advice. Answering this question does not create an...