Diane L. Mader’s Answers

Diane L. Mader

Middleton Divorce / Separation Lawyer.

Contributor Level 11
  1. I want my ex wife to change her last name to her maiden but it was not in the petition. How do I go about it

    Answered over 4 years ago.

    1. David Alexander Browde
    2. Diane L. Mader
    2 lawyer answers

    You cannot force your former spouse to change her name back to her birth name. The choice is for her to make. It sounds like you were hoping for a different answer but if you think about it, maybe it is not that big of deal. How does it negatively effect your life?

    1 person marked this answer as helpful

  2. Home loan

    Answered over 4 years ago.

    1. Cristin Michelle Lowe
    2. Diane L. Mader
    2 lawyer answers

    There may be one other way to get your name off the mortgage. Sometimes lenders are willing to release one of the borrowers without a refinance. Lenders have different requirements for issuing releases and some lenders will not do them at all. Some lenders will do them for a fee. It is worth asking the lender about the possibility of securing a release from the mortgage.

    1 person marked this answer as helpful

  3. I called my lawyer for advice and was told by her secretary that she didn't have an open appt for 2 weeks

    Answered over 4 years ago.

    1. David Matthew Gotzh
    2. Diane L. Mader
    2 lawyer answers

    Sorry to hear you are having this problem during what I am sure is a difficult time for you. Keeping the lines of communication open with your attorney is important. You could try a couple of things: you could call back and ask to schedule a phone appointment with your attorney - that might be available sooner than an in-person appointment. You could fax a letter to your attorney, express your need for an immediate phone call from the attorney and see if that results in a phone call....

    1 person marked this answer as helpful

  4. How long does a prenuptial agreement stay in affect, what happens if my husband dies

    Answered over 4 years ago.

    1. Diane L. Mader
    1 lawyer answer

    It sounds like you need to immediately have your pre-nuptial agreement reviewed by an attorney. It is possible that both you and your spouse no longer want the terms of the pre-nuptial agreement to control your marital estate. Your pre-nuptial agreement will need to be reviewed and you and your spouse will need to discuss what changes, if any, you both want to make. Disclaimer: this answer does not create an attorney client relationship. This answer is not legal advice and shall not be...

    1 person marked this answer as helpful

  5. Can I file for divorce if we are not separated?

    Answered over 4 years ago.

    1. Lisa Marie Giese
    2. Kristy Gosteli
    3. Diane L. Mader
    3 lawyer answers

    The answer depends on the law in your State. Divorce laws vary from State to State. In Wisconsin, you can file for a divorce if you are not separated. It is not unusual in these challenging economic times for divorcing spouses to continue to live together while the divorce is pending. In Wisconsin, we have a required waiting period of four months from the date of filing before a Judge may grant the divorce. During the waiting period, many spouses continue to reside together as they plan the...

    1 person marked this answer as helpful

  6. I am trying to get a divorce. should i sign a quick claim deed

    Answered over 4 years ago.

    1. Diane L. Mader
    1 lawyer answer

    You give up your legal ownership of the house if you sign a quit (not quick) claim deed. You are still legally responsible for the debt if the lender does not release you from the loan or if the loan is not refinanced to remove your legal responsibility.

  7. My divorce decree isn't being enforced, my lawyer doesn't seem to care. What options to I have?

    Answered over 4 years ago.

    1. Diane L. Mader
    1 lawyer answer

    I am sorry to hear you are having trouble enforcing the terms of your divorce judgment. This is a difficult situation. You can certainly get a different attorney to go back to Court to attempt to enforce the Court's Order. You state that the attorneys don't seem interested in your enforcement rights. It is hard to get enforcement if your former spouse does not have funds to do what is required. If the Court ordered that the deadline for payment is August 31, the Court may considered...

  8. Does husband get to rent expensive apartment during separation while bills are still paid jointly?

    Answered over 4 years ago.

    1. Diane L. Mader
    1 lawyer answer

    It is too bad the two of you didn't discuss the cost of an apartment in advance. You don't say whether or not a divorce has been filed. If no divorce has been filed, there is no court order about how money can be used. I think you need to speak with a local divorce attorney for advice as soon as possible. The worst case scenerio is that this is just the first of many financial decisions that happen without discussion.

  9. What process do I need to go through to get my husband to move out? He is an alcoholic. He is also a locksmith, so I cannot lock

    Answered over 4 years ago.

    1. Diane L. Mader
    1 lawyer answer

    You need to file for divorce and get a court order granting you exclusive occupancy of the residence. It sounds like this is something the two of you won't be able to agree about. You should immediately seek the advice of a local divorce attorney to protect your safety and security.

  10. Do I need to keep paying for the rent and bills on the house during the divorce if I dont live their

    Answered over 4 years ago.

    1. Diane L. Mader
    1 lawyer answer

    If you are obligated under a lease to pay rent, filing for divorce doesn't usually change your legal responsibility to the owner of the house. Not paying will be, at a minimum, bad for your credit, and could get you sued for non-payment. As to the bills, that depends on what the bills are for. You say they are for her, but if the bills are for utilities, credit cards, loans, etc. that are in your name, the above comments as to the consequences of not paying them apply. You and your spouse...