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Waukesha, WI Divorce LawyerDuring a divorce, one of the more important and potentially contentious issues is ongoing payments from one spouse to the other. Spousal maintenance, also known as spousal support or alimony, is designed to allow a spouse who was not employed or brought in less income than their partner to maintain their standard of living after a divorce. In the state of Wisconsin, judges have wide latitude on how to grant maintenance payments and to determine how long they will last. It is important to work with an attorney who can make sure that the money you are receiving, or the amount you are ordered to pay, is appropriate.

Factors for Maintenance Payments

While there is no set formula to determine maintenance payments or duration in Wisconsin, judges largely base their order on the following factors:

  • Length of marriage - The longer the duration of your marriage, the more likely support payments will be granted

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Waukesha Defense Lawyer for BUIWhether you are speed boating in the expansive waters of Lake Michigan or fishing in a smaller lake or river, Wisconsin offers boating enthusiasts endless opportunities to spend time on the water. People often wait all year for the chance to spend summer days relaxing in their boats. Many people enjoy bringing alcohol onto their boat, and while responsible alcohol use can lead to great memories with family and friends, irresponsible use can lead to accidents, injuries, and charges of boating under the influence. If you have been charged with a BUI, it is essential to speak with a Wisconsin criminal defense attorney who can help you understand your legal options. 

What are the Consequences of Boating Under the Influence? 

Although boating under the influence can carry less severe consequences than driving under the influence, charges are still serious, especially for repeat offenders. First time offenders face a fine between $150 and $300. Second offenses, however, face between five days and six months in jail and fines between $300 and $1,000. Punishments steadily increase for continued offenses and, if an accident involving serious bodily injury or death occurred while boating under the influence, the person responsible may face up to a year in prison, fines up to $2,000, and any other criminal or civil penalties associated with the accident (such as property damage, personal injury, etc.). 

Can I Refuse a Breathalyzer? 

No. If you are operating a motorboat in Wisconsin, you are automatically deemed to have given consent to test at least one sample, including breath, blood, or urine samples. Even if you are not using the boat’s motor at the time of the test, if the boat has a motor, you can be given a BUI. If your test results show a blood alcohol concentration above .08 percent or the presence of any restricted substance in your body, you may be charged with a BUI. Keep in mind that marijuana is not legal to use or possess in Wisconsin, even if it was purchased legally in another state. 

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Waukesha WI Divorce LawyerIn our last blog, we looked at signs that could indicate you may be headed for a high-conflict divorce in Wisconsin. However, even in situations where spouses fought continuously before deciding to get divorced, there are steps that can be taken during the divorce process to reduce conflict. By the time you talk to a divorce attorney, ending your relationship may be inevitable, but a quarrelsome divorce does not have to be. 

Stay Off Social Media

The tendency to share every aspect of our lives on social media might be nice when it comes to pictures of your kids and your home renovations, but airing your dirty laundry when you are in the midst of a divorce is a terrible idea. Not only does it make your friends and family uncomfortable, but it can antagonize relationships with your soon-to-be ex, their family, and your mutual friends. This can lead to further conflict, as your ex may try to document your social media behavior and use it against you during divorce proceedings. Generally speaking, the less social media activity during divorce, the better. 

Communicate Carefully

Placing your children in the middle of your conflict with your spouse can have a seriously detrimental effect on them. Using the kids to communicate often backfires because it prevents you from talking directly and effectively with your spouse. One of the most beneficial strategies you can use to reduce conflict is to have an email account that is intended exclusively for communication related to the divorce. If you must talk to your spouse, do it through the designated email address; this allows you to think before responding, keep records of communication, and avoid in-the-moment escalation that can happen very easily on the phone or by text message. 

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Waukesha County Divorce LawyerCertain types of behaviors can make someone very difficult to be married to. Blaming others, black-and-white thinking, lack of ability to take responsibility for one’s actions and consequences, and a tendency to engage in risky behaviors are all associated with high-conflict relationships. Unfortunately, these behaviors tend to get worse during divorce and people who were unable to manage conflict during a marriage are likely to be hostile and difficult to work with in a divorce. Here are five behaviors from your spouse that could indicate you may be headed towards a high-conflict divorce in Milwaukee County. 

Your Spouse Has to Be Right All the Time

Everybody likes to be right, but when one partner always insists on being correct and never apologizes for their mistakes or shortcomings, divorce can be very difficult. A crucial part of divorce is compromise, which includes admitting that the other person’s perspective is legitimate and worth consideration. If your spouse cannot do this during your marriage, they are unlikely to start doing so during divorce. 

Your Spouse is Dishonest

Hiding things, cheating, telling white lies for no reason - all of these are warning signs that a peaceable divorce is not in the cards for you. Clear communication and timely information trading are important parts of divorce, and when attorneys cannot get information from their clients because clients are trying to hide things, divorce can take much longer and be more hostile. Spouses with unstable personalities may have difficulty sticking with one attorney, or may exhibit other erratic and dishonest behaviors that protract divorce and make negotiation difficult or impossible. 

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muskego assault and battery defense attorneyThe terms “battery” and “assault” are often used interchangeably when people talk about criminal charges for acts of physical violence, but these two terms are not the same and describe behavior with different legal consequences. Because they are both violent offenses with serious criminal penalties, it is important to understand the difference between battery and assault if you have been charged with one or both of these crimes. 

Battery

Battery is an act of force intended to cause bodily harm. “Bodily harm” includes, but is not limited to bruises, cuts, burns, hair loss, or illness. Charges of simple battery that do not involve great bodily harm are usually punished as misdemeanors that can carry up to nine months in jail and up to $10,000 in fines. If you used a weapon, or even just threatened to use one, you could face additional jail time of up to six months. 

Under certain circumstances, however, battery can also be punished as a felony. When battery causes substantial or great bodily harm, or is committed against an elderly person, pregnant woman, a police officer, or disabled person, the battery can be prosecuted as a felony. The consequences of the felony charge will be determined by how badly the person was hurt and whether they were a member of a protected class. The most serious felony battery charges could land you in jail for up to 15 years and fines up to $50,000. 

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