Diane L. Mader’s Answers

Diane L. Mader

Middleton Divorce / Separation Lawyer.

Contributor Level 11
  1. Divorce attourney

    Answered over 4 years ago.

    1. Diane L. Mader
    1 lawyer answer

    I am not sure what your question is. If you had representation in the divorce, you should contact your attorney and ask this question. If the divorce papers contain a mistake, there is a legal procedure to correct mistakes. If the Ford Focus was awarded to you, will your former spouse sign the title? If not, there are legal ways to change the title using the divorce judment - if it was drafted correctly. This Answer does not create an attorney client relationship. It is not legal...

  2. Can a court force a divorce on an uncooperative spouse?

    Answered over 4 years ago.

    1. Diane L. Mader
    1 lawyer answer

    I am sorry to hear your spouse is making this so difficult. It sounds like both attorneys are doing everything they can to guide you both through the process, but your spouse is creating unreasonable roadblocks. Your last resort is probably to have the divorce scheduled for a trial in front of the Court. This is the least efficient, most expensive option, but it may be the only way to finish the divorce. I suggest you speak with your attorney about that option.

  3. If my wife inherites money during our marriage am I entitled to it during a divorce?

    Answered over 4 years ago.

    1. Diane L. Mader
    1 lawyer answer

    In general, in Wisconsin, inherited property that is kept separate from marital property is considered individual property and is not subject to division in a divorce. There are exceptions under certain fact situations but the starting legal presumption is that inherited property is not marital property, it is individual property not subject to division in a divorce. Disclaimer: This answer does not create an attorney client relationship. It is not legal advice and shall not be relied on...

  4. Been married 7 years, I signed a pre-op before we were married. How long is a pre-op in effect, I live in Wisconsin

    Answered over 4 years ago.

    1. Diane L. Mader
    1 lawyer answer

    Your pre-nuptial agreement will say how long it is intended to last. You will need to review the document to find the answer to this question. If an attorney drafted the pre-nuptial agreement for you, you might contact the attorney now for help understanding the document. Disclaimer: This answer does not create an attorney-client relationship. This answer is not legal advice and is not to be relied on as legal advice.

  5. Can I file a motion to dismiss a GAL?

    Answered over 4 years ago.

    1. Diane L. Mader
    1 lawyer answer

    It is unfortunate that less than a year has passed and you are back in Court. I can't give legal advice, of course, but I can make some general observations. I would say that part of this depends on the age of the child. If the child is in school, the move you want to make would require a change of schools. That is a custody decision, not a placement decision. If the child is younger than school age, would the change require a change in day care provider? That, too, might be a custody...

  6. Can we get married in another state even though we live in wisconsin?

    Answered over 4 years ago.

    1. Diane L. Mader
    1 lawyer answer

    When a divorce is granted by a Wisconsin Court, the Judge is required to inform the parties that neither party may remarry in this State or any other state before the end of the six month waiting period. Sorry that the answer is not what you were hoping for.

  7. Wisconsin - Divorce after a long separation.

    Answered over 4 years ago.

    1. Diane L. Mader
    1 lawyer answer

    Unfortunately, there is not a simple answer to your question In Wisconsin, assets are generally valued as of the date of the divorce and divided equally. However, Wisconsin Judges have discretion to deviate from an equal division. There is some Wisconsin case law on the circumstances you described but the answer is not black or white. Divorce questions often don't have a yes or no answers. Individual circumstances are important. You and your spouse might consider talking the issue through...

  8. What rights does a spouse have in a split w/o separation or divorce?

    Answered over 4 years ago.

    1. Diane L. Mader
    1 lawyer answer

    The way to establish your respective placement time with the children is to file for divorce and either reach an agreement about placement (physical custody) or have a Court decide that issue. Without a divorce filing, neither of you have a greater or lesser right to decide where your children will live, however, your spouse has taken matters into her own hands. You need the help of a local, experienced divorce attorney. As to the furniture, why not try to work out a fair agreement about who...

    1 lawyer agreed with this answer

  9. What would you do when your x wife does not take her stuff?

    Answered over 4 years ago.

    1. Diane L. Mader
    1 lawyer answer

    Does the divorce judgment have a deadline by which she must remove her stuff? That is the first thing to check. If there is no deadline in the divorce judgment, I suggest you try, in writing, to get your former spouse to state that she doesn't want the stuff and give you permission to dispose of it. Disclaimer: This is not legal advice. Answering the question does not create an attorney client relationship.

    1 lawyer agreed with this answer

  10. Can my husband change a divorce after the papers have already been signed?

    Answered over 4 years ago.

    1. Diane L. Mader
    1 lawyer answer

    You do need to get a lawyer and as quickly as possible. Obviously, important legal rights are involved and you need a qualified, local divorce attorney to represent you. Disclaimer: This answer does not create an attorney client relationship. It is not legal advice and shall not be relied on as legal advice.

    1 lawyer agreed with this answer