Free Consultations | Available 24 / 7
262-232-6699
711 W. Moreland Blvd. Suite 100,
Waukesha, WI 53188
Recent Blog Posts
How Long Does a Divorce Take in Waukesha County?
If you are planning to get a divorce in Wisconsin, you may be wondering how long the process takes. From filing the paperwork and negotiating divorce issues, to finalizing the divorce and everything in between, there are many steps involved in divorce proceedings. While the exact timeline of your divorce will vary depending on the specifics of your situation, here is a general idea of how long a Wisconsin divorce takes.
Filing the Initial Divorce Paperwork
In Wisconsin, there is a mandatory waiting period of 120 days between the divorce filing date and the point at which the divorce is finalized. The purpose of this waiting period is to provide the two people pursuing a divorce with time to think about their decision.
A waiting time ensures that spouses are not legally dissolving their marriage as part of a rash decision. The 120-day waiting period also allows each of the divorce lawyers representing the parties to prepare for settlement negotiations or trial.
What To Do If You Are Facing a Weapons Charge in Wisconsin
In the state of Wisconsin, a weapons charge will likely either be classified as a felony or a misdemeanor. People who are found in possession of an illegal weapon will receive either a felony charge or a misdemeanor charge based on the specifics of their situation.
For example, someone who has been convicted of a felony in Wisconsin prior to being found in possession of a weapon will be charged with a Class G felony. On the other hand, an individual who is found in possession of a weapon in Wisconsin will likely receive a misdemeanor charge if their illegal weapon possession coincides with another crime, such as failing to abide by a restraining order.
Three Steps To Fight a Wisconsin Weapons Charge
No matter which type of weapons charge you are facing in the state of Wisconsin, there are three important steps that should be followed after being charged with the unlawful possession of an illegal weapon.
Modifying Child Support and How it is Done in Wisconsin
Coming to a mutual child support agreement is challenging for both parents, and modifying that same arrangement can be problematic. Not only are changes difficult, but the timing of those revisions needs to be considered. Under Wisconsin law, noncustodial parents are obligated to make child support payments until the child is 18 years old, or 19 if the child is still in high school or working towards their GED. Knowing when to make changes to a Child Support Order and how to go about it are crucial, so is understanding how to receive your owed support from a non-compliant noncustodial parent.
When Can Changes in the Child Support Agreement be Made?
In Wisconsin, there is a 33-month waiting period before any modifications can be made to the initial child support agreement. Rare exceptions can be made if there is a significant change in circumstances, including a change in either parent’s income, health needs of the child changing, or either parent being placed in jail. A few misconceptions about what constitutes a change in the agreement include failing to follow visitation rules, the custodial parent legally moving with the child, or either parent voluntarily leaving their job. Changes in the child support agreement can only occur once every three years, and the court will determine whether or not if a review will be ordered.
Understanding Domestic Violence Charges in Waukesha County
A domestic violence-related conviction may carry severe penalties, including prison time and fines. Offenders may also be subject to a protective order. Having a conviction on your record can seriously damage your reputation. Thankfully, everyone is innocent until proven guilty, and people charged with a crime have rights.
What to Do If You Are Accused of Domestic Battery
Your decisions in the immediate aftermath of a domestic battery charge are critical and may make the difference between conviction and exoneration. Here are three pieces of advice:
Watch What You Say - Be very careful with your words, especially when talking to the police or the victim. Your words can and will be used against you. If you are taken into police custody, the police may try to get you to make confessions or admit guilt. Remember, you have the right to remain silent and consult with legal counsel.
What to Know About Marijuana Laws in Waukesha, Wisconsin
For years, marijuana usage was strictly illegal throughout the United States. The buying and selling of the narcotic were considered a serious criminal offense that would often land the offender in jail. Now, marijuana dispensaries can be found in many large cities around the country and possessing small quantities of the plant is no longer considered a criminal offense in many states. However, marijuana is still a controlled substance in the Badger State and the cultivation, possession, or sale of the drug can trigger harsh criminal penalties.
Penalties for Marijuana Possession
In the State of Wisconsin, a first-time offense for possession of marijuana is a first-degree misdemeanor. Offenders may face a maximum jail sentence up to six months and a maximum fine of $1,000. A subsequent offense for possession is charged as a felony. Offenders may spend up to 3.5 years behind bars and maximum fines up to $10,000.
How Is a 401(k) Divided in Divorce?
Divorce is stressful. Even in the best of circumstances, the process is filled with tension and drama. Simply separating from a person that you shared a life with for years can be heart-wrenching, even if it is necessary. There are also practical components that are just as challenging. The lives of spouses are intertwined not only emotionally, but financially as well. The disentangling of financial interests is frequently a source of tension during separation, especially if a 401(k) plan is present.
Who retains the benefit of a 401(k) is a deeply personal issue; after all, it is often essential to both parties’ quality of life post-retirement.
Wisconsin Law establishes how retirement plans, such as pensions and 401(k)s, are divided by the court during divorce.
Is a 401(K) Marital Property?
What percentage of the 401(k) each party gets to keep largely hinges on what portion of it is marital property.
How Are Pensions Divided in a Divorce?
Divorce obviously has tremendous emotional, psychological, and familial ramifications, but it has significant financial consequences as well.
A frequent source of consternation is how to divide up the wealth accumulated by the couple during their years of marriage. The focus is not only currently held assets, but prospective income as well – especially pensions.
Pensions can be a challenging subject during divorce, as a person’s quality of life post-retirement hinges upon them. Many people are hesitant to share a portion of their retirement assets with their spouse. However, before you panic, it is not a foregone conclusion that your ex-spouse will take the lion's share of your monthly benefit payment. Here is how Wisconsin courts divide pensions during divorce:
How Pensions Are Valued
Wisconsin is a community property state, meaning most property, wealth, and assets accumulated during the marriage by either party is considered marital property. This has ramifications for how pensions are valued.
Establishing Paternity in Wisconsin
The State of Wisconsin grants fathers certain rights regarding their children. However, a father must establish his legal relationship to the child before he gains many of these rights. Establishing paternity allows a father to ask the court for custody and visitation, and add his child to his health insurance. Children also gain inheritance rights and access to the father’s social security benefits.
However, accessing any of these rights is difficult if the father cannot establish paternity or, in other words, prove they are the child’s biological father.
Paternity is also relevant to children and mothers. The court cannot issue a child support order unless the paternity of the father is established.
Voluntary Paternity Acknowledgement
If both parents agree who the father is, they can sign a voluntary paternity acknowledgement form to establish paternity. This form is generally signed by unwed couples at the hospital after the mother gives birth. It is then filed with the secretary of state.
Does a Police Officer Need a Warrant to Search My Car?
Seeing police lights in your rear-view window is a cause of apprehension. A reel of questions might run through your head, “Why am I being stopped?” “What questions will they ask me?” “Am I in trouble?” Simply being pulled over is enough to make your heart flutter, but your heart rate may elevate dramatically if the officer asks to search your car. At this point, the officer probably suspects serious wrongdoing, and the chance of arrest may have increased.
However, the officer cannot search your vehicle without a valid reason. Due to the Fourth Amendment's protections against unreasonable searches and seizures, police officers can only search a car if there is a reasonable suspicion of wrongdoing.
When Can Police Search a Vehicle?
The Constitution protects us from unjustified searches and seizures of personal property. However, the law applies differently to different types of property. Police usually need a search warrant before entering and searching someone's home. However, the expectation for privacy in a vehicle is lower than the expectation of privacy in a vehicle. Consequently, there are a greater number of reasons why police may conduct a warrantless search.
What Are the Consequences for Violating a Protective Order?
In the State of Wisconsin, a court may restrict a person’s freedom to go certain places or be near certain people. Such a restriction is imposed using a “restraining” or “protective order.”
A judge usually issues a protective order at the request of someone (“the petitioner”) who feels their personal safety is threatened by the person subject to the order (“the respondent”).
They are most commonly used in cases of stalking, domestic abuse, child abuse, elder abuse, and harassment.
Two kinds of protective orders exist:
- Temporary orders: As the name suggests, this is a short-term order that only lasts 90 days. It serves as a placeholder while the judge considers the merits of a longer order.
- Injunctive orders: If the judge decides a longer order is necessary, he will impose an injunctive order that can last up to four years.
Contact Our Firm
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
