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Abuse of Discretion – Divorce Proceedings

By: Derek Hawkins//November 1, 2017//

Abuse of Discretion – Divorce Proceedings

By: Derek Hawkins//November 1, 2017//

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WI Court of Appeals – District III

Case Name: Seng Xiong v. Lang C. Vang

Case No.: 2016AP1281

Officials: Stark, P.J., Hruz and Seidl, JJ

Focus: Abuse of Discretion – Divorce Proceedings

Lang Vang appeals from a divorce judgment terminating his marriage to Seng Xiong. Vang argues the circuit court erred by granting a judgment of divorce because he and Xiong were never validly married. Vang alternatively argues that, even if the parties’ marriage was valid, the circuit court erroneously exercised its discretion with respect to property division and maintenance.

We conclude that, under the facts of this case, the circuit court properly determined the parties had a legally recognizable putative marriage, pursuant to our prior decision in Xiong ex rel. Edmondson v. Xiong, 2002 WI App 110, 255 Wis. 2d 693, 648 N.W.2d 900. We further conclude the court properly exercised its discretion in dividing the parties’ property and awarding maintenance to Xiong for an indefinite duration. We therefore affirm.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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