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Recent Blog Posts
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.
How Are Retirement Accounts and Pensions Divided in a Divorce?
Retirement accounts and pensions are often among the largest assets in a married couple’s estate. When a couple decides to get a divorce, these assets must be divided between the spouses alongside multiple other types of marital property. It is important to understand the issues that will need to be considered when dividing retirement benefits. This can ensure that the financial interests of both spouses will be protected, and it can help them make informed decisions about their future.
Options for Dividing Retirement Accounts and Pensions
Retirement savings accounts, including 401Ks or IRAs, usually consist of money that is deducted from a person's income and invested in financial funds. These accounts will grow over time, providing the account holder with income they can use to meet their needs after their retirement. Pension benefits are similar, although they usually will not require deductions from a person's income. Instead, they will consist of ongoing benefits that will be paid from a pension fund after retirement.
What Are the Penalties for Marijuana Possession in Wisconsin?
Marijuana is increasingly viewed as a non-harmful drug, and it has also been found to have numerous medical benefits. Many states allow for the medical use of marijuana, and some states have even taken steps to decriminalize or legalize the drug entirely, allowing people to purchase and use marijuana for recreational purposes. However, marijuana continues to be illegal in Wisconsin, and anyone who is accused of possessing the drug, including those who traveled to nearby states such as Illinois or Michigan to purchase marijuana legally, may face criminal charges. If you have been arrested and charged with marijuana possession, you will need to understand the potential penalties you may face if you are convicted, as well as the defense strategies that may be available to you.
What Is Considered Marijuana Possession?
How Can Child Support Orders Be Enforced in Wisconsin?
If you are a divorced parent in Wisconsin who is owed child support, you may be wondering about your options for enforcing the court's orders and ensuring that the other parent provides the financial support your children need. The good news is that there are a number of methods that can be used to enforce child support orders in Wisconsin. By understanding the options available and working with an attorney to address these issues, you can take steps to ensure that your ex complies with the court's orders.
How Do Wisconsin’s Open Carry Laws Affect Weapons Charges?
Wisconsin is a state that allows individuals to openly carry firearms. That is, certain types of weapons may be carried in plain view of others without the need to obtain a concealed carry weapon (CCW) license. However, as with any state laws, there are certain restrictions that apply to those who openly carry firearms. Violations of these laws could result in weapons charges. By understanding the applicable laws and regulations, those who engage in the open carry of weapons can avoid criminal charges and ensure they are meeting their legal requirements.
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