Abuse of Discretion – Divorce Proceedings | Wisconsin Law Journal

By: Derek Hawkins//January 20, 2021//

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WI Court of Appeals – District III

Case Name: Constance Louise Brookshaw v. Patrick Richard Brookshaw

Case No.: 2019AP961

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

Focus: Abuse of Discretion – Divorce Proceedings

Patrick Brookshaw appeals a judgment of divorce. Patrick contends the circuit court erroneously exercised its discretion by: (1) failing to make explicit findings relating to the statutory factors in deciding not to deviate from a 50/50 property division; (2) failing to hold a hearing to determine what, if any, portion of Constance Brookshaw’s attorney fees were the result of Patrick’s improper conduct; and (3) requiring Patrick to pay interest on the amounts he was ordered to pay Constance at rates different from the statutory rate set forth in WIS. STAT. § 815.05(8) (2017-18). We reject these arguments and affirm.

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Derek A Hawkins is Associate Corporate Counsel, IP at Amazon.