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Recent Blog Posts
Am I Entitled to My Spouse’s Pension After a Wisconsin Divorce?
UPDATE: Am I Entitled to My Spouse’s Pension After a Wisconsin Divorce?
Originally published: May 25, 2022 -- Updated: June 1, 2023
Update: As mentioned below, issues related to pensions can be complex factors to address during the divorce process. It is important to understand how the value of a pension will be determined as a couple addresses issues related to the division of marital property. This is not always easy, because at the time of a couple's divorce, retirement may be multiple years or decades in the future. Since pension benefits are usually based on the amount of income a person earns at the time of retirement, it may be difficult or impossible to determine the full value of pension benefits until a person is closer to retirement.
In many cases, the best way to address pension benefits is to determine the portion of the benefits that are considered to be marital assets and divide that portion equally between the spouses. The marital portion of pension benefits can be determined by dividing the amount of time that a spouse worked and earned a pension while a couple was married by the total amount of time they worked in a pension-eligible position during their career.
How Can I Get My License Back After a Wisconsin OWI Arrest?
Drunk and intoxicated driving is a serious concern on the roads in the state of Wisconsin. Drivers who use alcohol or drugs will experience impairments that make it difficult or impossible to control a vehicle safely and avoid accidents that could cause harm to themselves or others. Because of this, people who are arrested on suspicion of drunk driving will face a variety of penalties. While a conviction for operating while intoxicated (OWI) will result in a driver's license revocation, there are some situations where a person's license may be suspended even if they are not ultimately convicted. If you are facing the loss of your license after being arrested for OWI, you will need to understand your options for regaining your driving privileges.
License Reinstatement in OWI Cases
There are numerous reasons that you could lose your driver's license after being arrested for OWI. If, following an arrest, you submit to a chemical analysis of your blood alcohol content (BAC), and a blood, breath, or urine test shows that you were over the legal limit, your driver's license will be suspended for six months. However, if you refuse to take a BAC test, a court will take action to revoke your license for one year. You may be able to contest a suspension by requesting an administrative hearing, and a hearing may also be held to determine whether a court-ordered revocation will be put in place. In general, hearings must be requested within 10 days after receiving a notice of an administrative suspension or court-ordered revocation.
Will I Be Required to Sell My Home During My Divorce?
Getting a divorce is rarely an easy or simple process. If you have chosen to separate from your spouse, you will need to address multiple types of financial issues while also making sure to follow the correct legal procedures to terminate your marriage. Many of these financial concerns will be related to the property you own, and in your divorce settlement, you will need to determine how your community property will be divided between you and your spouse. As you address these issues, some of the most significant concerns will be related to your family home. Determining whether you will be able to continue owning your home or whether it may be necessary to sell the home during your divorce is not always easy, but with the help of a skilled divorce attorney, you can decide on the best route to take that will protect your financial interests in the years to come.
When Can a Person Be Charged With Aggravated Battery in Wisconsin?
Under Wisconsin law, battery is defined as intentionally causing bodily harm to someone else. This offense is sometimes referred to as assault, and it may apply in a variety of situations, such as when an argument escalates out of control and turns into a fight in which one person injures the other. While battery is usually charged as a misdemeanor, there are some circumstances where it may result in felony charges for either substantial battery or aggravated battery. By understanding when these charges may apply, a person who is accused of assaulting someone else or engaging in behaviors that are considered battery can determine their options for defending against a conviction and avoiding or minimizing the penalties that may apply.
When Can Battery Be Charged as a Felony?
The key issue that may affect battery charges will be related to the forms of bodily harm that were allegedly inflicted. Bodily harm will generally involve physical injuries that caused pain or resulted in illnesses or impairments. In cases of minor bodily harm, such as bruises or small cuts and scrapes, battery may result in Class A misdemeanor charges. A person who is convicted of a Class A misdemeanor may be sentenced to up to nine months in jail and fined up to $10,000.
4 Issues That Can Make the Divorce Process More Difficult
The decision to file for divorce and the process of ending a marriage are rarely easy. If you are in this situation, you are likely to experience difficult emotions and significant stress related to the changes in your life, your ability to meet your financial needs, and conflict with your spouse. Even if you and your spouse have agreed to take a cooperative approach to your divorce while avoiding conflict as much as possible, there are numerous issues that may arise during the process of dissolving your marriage. By understanding the challenges and complications you may encounter, you can determine the best ways to navigate these issues and successfully complete your divorce.
Complications That May Arise During the Divorce Process
During your divorce, you will need to address many different issues, including deciding how to divide your marital property, resolving concerns about the custody of your children, and determining whether financial support will be paid by one party to the other. As you work to resolve these issues and negotiate a divorce settlement, you may encounter challenges related to:
Does Wisconsin Law Follow the “Castle Doctrine?”
Some recent high-profile news stories have raised questions about when people may use firearms in self-defense or to defend their homes against intruders. In Missouri, a man shot and wounded a teenager who came to his door, and in New York, a man shot and killed a young woman who was in a vehicle that mistakenly drove onto his driveway. These cases have raised questions about when deadly force is appropriate and when people may or may not face criminal charges for acting in self-defense. Wisconsin residents may need to understand when they can use firearms or other weapons to defend themselves, their families, or their property.
Wisconsin Laws Addressing Self-Defense
Like some other states, Wisconsin follows the "castle doctrine," which allows for the use of force against a person who has entered someone's property unlawfully. Specifically, the laws state that a person has the privilege to use deadly force or threaten to do so to defend themselves against imminent death or great bodily harm. When someone is in their home, a vehicle they own, or their place of business, and they believe that a person is attempting to commit an unlawful forcible entry, the law presumes that a person believed that the intentional use of deadly force was necessary to protect themselves or others.
Can Spousal Support Payments Be Modified After a Divorce?
Going through a divorce can be a trying time for both parties. However, even after the divorce is finalized, financial issues can continue to be a significant source of stress. In many cases, some of the most significant financial concerns for divorced individuals will be related to spousal support payments. In Wisconsin, these payments can be awarded to one spouse to help them maintain their standard of living after the divorce. But what happens when circumstances change, and the original spousal support orders are no longer sustainable? For ex-spouses, it is important to understand when spousal support payments can be modified after a Wisconsin divorce and what factors will come into play when addressing these issues.
When Can a Person Be Charged With Domestic Battery in Wisconsin?
When accusations of domestic violence occur, there are multiple ways that a person and their family can be affected. Someone who is arrested based on these accusations may face multiple types of criminal charges, including domestic battery. This is a serious crime under Wisconsin law, and it can have significant consequences for the accused. Being charged with domestic battery can result in severe penalties, including jail time, and accusations of domestic abuse can have a significant impact on a person's personal and professional life. It is essential for criminal defendants to understand the factors that can lead to criminal charges, the specific crimes they are accused of, and the consequences of a conviction.
Battery, Substantial Battery, and Aggravated Battery in Wisconsin
Under Wisconsin law, domestic abuse is defined as intentionally causing injuries or physical pain to a spouse or former spouse, an adult who lives in the same home or previously resided with the alleged perpetrator, or the other parent of a person's child. It may also involve committing an act of sexual assault against a person or threatening or intimidating them in a way that causes them to fear that they will suffer bodily harm.
Wisconsin Parenting Plans for Divorced Parents
Divorce can be a challenging and stressful experience. When parents in Wisconsin get divorced, they are required to create a parenting plan that outlines how they will share the responsibilities of raising their children. A parenting plan is crucial to the divorce process because it guarantees that both parents remain involved in their children's lives and that the children's well-being is prioritized.
Key Aspects of Wisconsin Parenting Plans
Legal Custody
In Wisconsin, legal custody is defined as the right to make major decisions about the children’s lives, such as their education, medical care, and religious upbringing. When creating a parenting plan, parents must decide whether they will have joint legal custody or whether one parent will have sole legal custody.
Physical Placement
Physical placement refers to the schedule of when the children will be with each parent. In Wisconsin, the law assumes that joint physical placement is in the best interests of the children unless there is evidence to the contrary. Parents must create a placement schedule that outlines when the children are with which parent, including holidays and vacations.
When Can a Person Be Charged With Identity Theft in Wisconsin?
Identity theft is a very serious crime in the state of Wisconsin. It involves a person using someone else's personal information to gain access to financial accounts, take out loans, or purchase items without permission. People who are accused of identity theft can face severe penalties if they are found guilty in a court of law. However, not every case of alleged identity theft is the same, and it is important to understand the different scenarios in which a person can be charged with this crime.
Offenses Related to Identity Theft in Wisconsin
Identity theft is a broad term that encompasses a variety of offenses. These include:
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Unauthorized use of an individual's personal identifying information - There are multiple different types of ID numbers and records that a person may use to verify their identity or engage in financial transactions. These may include their name, address, phone number, driver's license number, Social Security number, employment records, taxpayer identification number, bank account numbers, biometric data such as fingerprints or a DNA profile, and even verifying information such as their mother's maiden name. Possessing, using, or transferring personal identifying information without the person's permission is a criminal offense if it is done for monetary gain or with the intent to cause harm to the person. This offense is a Class H felony.
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