In Re Marriage of Jeffords v. Scott
Trial court properly modified judgment when a loan from husband to wife was discharged in bankruptcy, by relieving husband of his obligation for provide a QDRO which was a quid pro quo for repayment of the loan.
In Re Marriage of Hutjens. v. Hutjens
Amended judgment dividing retirement plan was not ambiguous. Given wife’s lack of action for 16 years, the interest of finality of judgments outweigh the interest in reopening the judgment.
Vander Perren v. Vander Perren
Motion to revise maintenance allows court to increase, reduce or terminate, even though the only motion before the court was to increase.
In Re Marriage of Cook v. Cook
Unless otherwise excluded by law, military retired pay must be considered by the circuit court in dividing the property in a divorce proceeding.
In the Matter of Estate of Toutant
Trial court properly declared marriage null and void as violating the 6-month waiting period, even where divorce was in Scotland and marriage was in Texas and was valid under Texas law. Wisconsin prohibits remarriage of its residence within 6 months of divorce, wherever the marriage takes place.
In Re Estate of Laubenheimer
A marriage can be found void even after the death of a party.
McLeod v. Mudlaff
Court may declare a marriage void after the death of one of the parties.
Articles & Topical Caselaw on Marital Agreements
Articles and topical caselaw issues regarding marital agreements.
In Re Marriage of Thorpe v. Thorpe
Inequitable agreements should not be enforced.
Hengel v. Hengel
Pre-1978 agreement is presumed equitable – statute is retroactive. (2) Financial statements need not be attached. (3) Wife’s contributions as a homemaker do not affect the equitability of the agreement.