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Diane L. Mader
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Diane Mader’s Answers

133 total


  • After filling for a conversion from Legal Separation to divorce, how long until receive official divorce papers from courts.

    If my ex and I asked to have our final divorce agreement changed to a Legal Separation for about one year, then was converted it back to a divorce in March 2009. There was nothing to be contested, but for other reasons I would like to know how lon...

    Diane’s Answer

    I suggest you contact the Clerk of Court's office or the Judge's office to ask this question. There is no one size fits all answer.

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  • Can you withdraw a marital separation agreement that has been filed with the courts

    my husband and I have reconciled and I want to make sure we are once again legally married with no issues. he already has a lawyer but I wonder if we can do this without spending any more money than we have too. This mistake has already cost him...

    Diane’s Answer

    The best thing you can do now is check with your husband's lawyer. I understand you don't want to spend any more money, but the only way I can think of to know for sure is to speak with the attorney who was handling the divorce. For a small amount of money you will be getting an answer that you can rely on.

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  • If a spouse filed a lawsuit during the marriage, is the other spouse entiled to monies when it is settled, even after divorce?

    Husband has pending lawsuit, and our divorce will be final before it goes to trial. He filed it while we were married and we have no pre-nup. The award could be quite substantial .Should I invest in a divorce lawyer? Thank you. Kristin

    Diane’s Answer

    You should certainly speak with a local divorce attorney. This is an important issue about which you should be fully informed before you divorce.

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  • Move from marital home

    My husband has filed a stipulation to have me move from our marital home. I can not afford an attorney. I do not have a job. My support case is scheduled for June 1. If I move to my home state, I am not sure how the judge will look on that. Will I...

    Diane’s Answer

    Moving out of state now will make it more difficult and expensive for you to participate in the divorce. Before you move, you must speak with a local divorce attorney to understand your rights and the divorce process. You cannot make good decisions without information about your legal rights.

    Disclaimer: Answering this question does not create an attorney client relationship. It is not legal advice.

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

    The divorce decree says that we both pay uncovered medical expenses, 50/50. I am the custodial parent. I take them to ALL doctors visits. So it is me who pays the medical bills. I have an order saying that he has to pay half, but the clinic/pharma...

    Diane’s 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 enforced. You will probably want to hire a local attorney to bring the action on your behalf. If you cannot afford an attorney, you can contact the clerk of court's office in the county in which you were divorced to see if they can direct you to online or print resources concerning filing a contempt action.

    Disclaimer: This answer does not create an attorney client relationship and is not legal advice.

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  • I am unable to file for divorce for I am unable to locate my spouse. What can I do. It has been 5 years already

    I would like to get a divoce but I am unable to locate the whereabouts of my spouse. How can I go about getting a divorce or can I get some sort of information regarding this matter

    Diane’s Answer

    Please check with an attorney in your county who can give you advice specific to your situation and state law. I can tell you that in Wisconsin there are ways to get a divorce even if you don't have a current address for your spouse. Unfortunately, because I don't practice in your state, I don't know specifics for you but a local divorce attorney will be able to intelligently discuss your options with you.

    Good luck.

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  • How much does a divorce lawyer cost

    have one child and am perm disabled

    Diane’s Answer

    This varies a great deal from State to State. The best way to find out the cost of local attorneys is to call them and ask about fees, retainers, options for payment plans, etc.

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  • My husband thinks I should move out if we divorce. I think him and his mother should. I have two small children .

    What are your suggestions?

    Diane’s Answer

    I am sorry to hear of your difficulties. I suggest you ask your husband to discuss this issue with the help of a therapist or mediator. It is important that you and your spouse try to work out an agreement that makes sense for all concerned, especially your children.

    While you try to work a reasonable plan and certainly before you even think about moving out, you should meet with an experienced divorce lawyer in your community. You need legal advise to protect yourself and your children.

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  • I've read that a pre-marital agreement only protect current assets from each new spouse and that prior debt is theirs alone.

    I'm thinking that since I own the house we are moving into, and it will remain in my name, that a pre-marital agreement addressing his prior debt is a waste of money. I've been reading that the creditors don't care about that piece of paper, and t...

    Diane’s Answer

    Under the circumstances you describe in your question, I suggest you get advice from a local attorney concerning the potential benefits of a pre-marital agreement.

    The cost of a pre-marital agreement is minor compared to the potential risk you are describing. At least speak with an attorney and ask about the cost of a pre-marital agreement.

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  • Which state's college tuition rates am I required to pay to meet my marital dissolution agreement requirements?

    My marital dissolution agreement was entered in Shelby County, Tennessee. There is a requirement that I shall pay tuition, books, and supplies based upon the "rate charged by a State Institution of higher learning". Does that mean State institut...

    Diane’s Answer

    It is unfortunate that your dissolution agreement was not more specific. If you and your former spouse cannot on agree on what the terms of the dissolution agreement mean, your only choice may be to go back to court to have the provision clarified. You should seek the advice of a local divorce attorney to help you with what is an important question and one with far reaching financial consequences.

    Good luck.

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