Addressing the Unexpected During a Divorce Proceeding

Shocking news.The recent events involving Lamar Odom’s hospitalization, which had the unexpected result of Khloe Kardashian and Lamar Odom petitioning the court to dismiss the couples divorce action, highlights how stressful divorce can be for many couples. Kardashian explained that this request to halt the divorce was to make medical decisions on Odom’s behalf after the former NBA player was found unconscious in a brothel in Nevada in October.

There are many reasons a couple may consider either dropping a divorce action, or putting the action on hold. Medical emergencies, such as Lamar Odom’s, may occur and incapacitate a party, their children, or family members. Courts must weigh circumstances that may a delay in the legal proceeding, such as medical emergencies, with an individual’s rights to have his or her legal matter addressed in a timely manner. This can easily affect how the divorce action proceeds, as well as the timeline for conclusion.

On the other hand, a couple may decide that they would like attempt to save their marriage and reconcile. In Wisconsin, that couple can submit to the court a Stipulation and Order to suspend proceedings to effect reconciliation. This document would request that the court allow up to 90 days for the parties to try and save their marriage with the intent end the divorce proceedings. After the 90 days, the parties must then notify the court as to whether or not they wish to proceed with the divorce. Further, a couple can request that the Court dismiss the divorce action at any time before the divorce is finalized.

Lamar Odom’s situation also highlights the importance for any party, at the start of a divorce action, to consider who they want to make financial or medical decisions for them if they were to become incapacitated. This may require a party to amend their powers of attorneys accordingly. If an individual were to suddenly become incapacitated during the pendency of a contentious divorce, they may no longer wish to have their spouse make such important decisions on their behalf.

Any individual who facing similar circumstances during their divorce or family law action, should feel confident that his or her attorney can offer legal solutions throughout the entirety of the legal action, regardless of whatever unique circumstances are involved. If you are facing this difficult situation, call us at (414) 258-1644 to schedule a free initial consultation to discuss your case.

We welcome your comments or questions. We will do our best to try to respond. However, please be advised that we cannot give legal advice in this forum and all communications are for general informational purposes only. Communication should not be construed as forming an attorney-client relationship. This is an open forum and any information you provide may be posted and will not be held confidentially. By posting a comment or question, you are expressly giving consent for the publication of same. If you have any specific legal issues or concerns, we always recommend that you consult with an attorney in the county and state in which you reside.

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