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Recent Blog Posts
Debt and Divorce: Will I Be Stuck with My Ex-Spouse’s Poor Decisions?
Even when a divorce is necessary, it is still difficult. Both parties are generally invested in protecting their interests and are likely to be entrenched in their positions.
Although divorce is framed as a fight to retain property and assets, sometimes it is about the things you do not want to keep. A prime example is your soon-to-be ex-spouse’s debt. The thought of being responsible for their poor financial decision making is frustrating and infuriating.
In Wisconsin, the Marital Property Act delegates responsibility for debt incurred by either spouse during marriage. Under the Act, all debt occurred during the marriage is considered jointly shared. The reasoning here is that the debt, even if financed by just one of the spouse’s, is for the benefit of the marriage. For example, if the husband buys a house during the marriage, the wife could still be liable post-divorce, even if only the husband’s name is on the title and mortgage.
Alimony vs. Property Distribution; What You Should Know
The lives of married people are often totally intertwined, which is part of what makes divorce so difficult. How do you determine who is entitled to what? The challenge is especially acute in the financial realm. After all, it is often the case that one spouse was mostly or entirely dependent on the income of the other.
In these situations, the dependent spouse will often be granted some form of compensation for his or her continued sustenance post-divorce. Generally, this compensation falls into one of two categories: property distribution or spousal maintenance.
Spousal maintenance or “alimony” is court ordered spousal support in the form of monthly payments made by the supporting spouse to the dependent spouse. Property refers to assets already in the couple’s possession, such as a house, stock dividends, etc.
Divorcing spouses are often presented with a choice between greater alimony payment and less property, or more property in exchange for less in alimony. This decision should be made with great care. Both choices carry serious ramifications, and each has both pros and cons.
What Happens After Being Charged with a Crime?
Being charged with a serious crime is terrifying. Your mind may be inundated with feelings of anxiety and uncertainty. Your job, your quality of life, and your freedom are suddenly at stake.
The unknown is part of what makes an indictment so scary. What happens next? The criminal process is difficult to navigate; criminal law is vague and complicated.
Furthermore, not all charges are treated the same. The nature of the crime largely dictates what happens next.
Misdemeanor v. Felony
Generally speaking, all crimes can be divided into two categories: misdemeanors and felonies.
In the State of Wisconsin, felonies are considered more serious crimes than misdemeanors. Distinguishing between the two is simple: Felonies carry a maximum prison sentence of more than one year, while misdemeanors are punishable by less than a year of incarceration.
Stages of the Criminal Process
- The Initial Appearance - The initial appearance is the defendant’s first formal appearance before a judge. They will be read the charges against them and informed of their rights. Additionally, the judge will decide whether they will await trial in or out of jail. If they must remain behind bars, bail will be set. Finally, the accused is given a chance to enter a plea, but only if the crime is a misdemeanor. If the case is a felony, a future court date will be set.
When Is an Ignition Interlock Device Required in a Wisconsin OWI Case?
An arrest for drunk or intoxicated driving can result in multiple consequences. If a person is convicted of operating while intoxicated (OWI), they may be required to pay fines, they may be sentenced to time in prison, and their driver’s license may be revoked. In some cases, a person may lose their driver’s license even if they are not convicted of OWI. Because most people need to be able to drive regularly, it is important for a person to understand their options for regaining their driving privileges, including whether they can receive an occupational driver’s license. For these types of licenses, a person will be required to use an ignition interlock device (IID), and these devices may also be required in other OWI cases. When using a vehicle with an IID, a person will be required to provide a breath sample before starting the vehicle and at regular intervals while driving.
5 Types of Assets to Address in a High Net Worth Divorce
There are many complications that can arise when separating a married couple’s finances, possessions, and other parts of their lives during the divorce process. However, these issues can become much more complex in a high asset divorce case due to the complex assets that a couple may own and the high values of these assets. As these couples determine how to handle the division of marital property, they will want to be aware of the factors that may affect their decisions and the steps they can take to protect their rights and interests.
Dividing Complex Assets
Couples with a high net worth may need to determine how to handle assets such as:
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Bank accounts - A couple may have multiple accounts, including savings accounts in different states or countries, money market accounts or other types of investments, and checking accounts or lines of credit used to make regular payments. Depending on how a couple has handled financial issues, one spouse may not be fully aware of certain accounts. During the discovery process, all of a couple’s accounts and sources of funds may be disclosed or uncovered, and if necessary, a forensic accountant may be used to look for any accounts or other methods that a spouse may have used to hide assets.
What Is Wisconsin’s Habitual Traffic Offender Law?
Most people are likely to be pulled over by a police officer and issued a traffic violation at some point during their lives. These tickets are often issued due to minor violations of traffic laws, such as speeding or failing to come to a complete stop at a red light or stop sign. While traffic tickets may require a person to pay a fine, and they may lead to other issues, such as increased insurance rates, a driver usually will not face serious consequences that will affect their driving privileges. However, if a person receives multiple traffic tickets within a certain period of time, they may face more serious penalties, and if they are considered a habitual traffic offender, they may be subject to a lengthy driver’s license revocation.
What Is a Habitual Traffic Offender?
A conviction for a traffic violation will result in a certain number of points being added to a person’s driving record, and if a person accumulates at least 12 points within 12 months, their driver’s license will be suspended. However, a person will face more serious consequences if they are convicted of enough violations to be considered a habitual traffic offender. This designation will apply if a person is convicted of 12 traffic violations or four major traffic violations within five years. Major traffic violations include:
Can Married Spouses Get a Legal Separation in Wisconsin?
There are many reasons why a couple’s marriage may break down. In some cases, it may be clear to one or both spouses that the marriage cannot be saved and that divorce is the best choice for everyone involved. However, other couples may not yet be ready for the finality of a divorce, or they may wish to remain legally married even if they will not be living together. In these cases, a legal separation may be appropriate, either as a step along the road to divorce while a couple determines whether their marriage can be saved or as a more permanent solution.
Legal Separation Vs. Divorce
In Wisconsin, family courts handle legal separation very similarly to divorce. As with a divorce petition, one party will file a petition for legal separation, alleging that the marriage has broken down irretrievably. If both parties agree that their marriage is irretrievably broken, or if the couple has voluntarily lived separately for at least 12 months, the request for a legal separation will usually be granted. A family court may also grant a legal separation if one party does not agree that the marriage is irretrievably broken, as long as a judge determines that there is no reasonable prospect of reconciliation.
Can I Receive Probation for a Drug Possession Charge in Wisconsin?
There are multiple types of drug crimes that a person may face, ranging from “simple” charges of drug possession to more serious offenses involving manufacturing or distributing controlled substances. Because these types of crimes are taken so seriously by law enforcement, a person who is arrested on drug charges may be concerned that they will face serious consequences, such as the requirement to pay large fines or serve a lengthy sentence in prison. Alleged offenders should be aware of the options for probation that may be available in some cases, and they will need to understand the rules and restrictions they may face if they receive this type of sentence.
Conditional Discharge for First-Time Drug Possession Offenses
If a person had not previously been convicted of any drug-related offenses, they may receive a sentence of conditional discharge following a guilty plea or verdict for a charge of possession or attempted possession of controlled substances. Conditional discharge is another term for probation. When sentencing a person to probation, a judge will determine an appropriate period for the sentence, which is usually between six months and three years. After completing probation, all charges against the person will be dismissed, and they will not have a criminal conviction on their record. Conditional discharge for drug possession charges is only available to a person once during their lifetime.
How Is Spousal Maintenance Determined in Wisconsin?
A divorce can lead to a variety of financial difficulties for both parties. While spouses will need to make adjustments to ensure that they will be able to support themselves individually instead of using a combined income, there are some situations where one party may be at a financial disadvantage. If one spouse earns a lower income, or if they are a stay-at-home parent who does not work outside the home, spousal maintenance may be appropriate. In these situations, a spouse may ask for ongoing support payments from their former partner. By understanding how Wisconsin law addresses this issue, divorcing spouses can understand their rights and determine how they can protect their financial interests.
Understanding Issues Related to Spousal Support
When it comes to spousal maintenance, Wisconsin’s divorce laws are fairly broad. Judges have a great deal of leeway to determine when this form of support will be appropriate, how much will be paid, and how long payments will last. The law lists a number of factors that should be considered by a judge when they look at whether to award spousal maintenance, and these include the age and health of both parties, how their financial situations will be affected by the division of marital property, and whether they have made any agreements about this issue, such as a prenuptial agreement.
Does Wisconsin Have “Red Flag” Laws That Restrict Gun Ownership?
While the Second Amendment of the United States Constitution guarantees that Americans have the right to bear arms, there are some cases where laws restrict people’s ability to own or possess weapons. Some states have passed what are known as “red flag” laws that make it illegal for certain people to own firearms or other types of weapons based on their criminal history or other issues that could potentially create a danger to others. People in Wisconsin will want to understand what types of weapons laws apply to them, and anyone who is facing weapons charges can work with an attorney to determine their options for defense.
Laws Addressing Firearm Ownership in Wisconsin
States that have implemented “red flag” laws may prohibit gun ownership for people who are considered a threat to other people or society at large. Usually, these laws allow for temporary restrictions in certain situations, such as when a person is accused of committing domestic violence. In many cases, only law enforcement officials are permitted to implement protective orders requiring a person to surrender their firearms. However, other people, such as a person’s spouse or family members, may be able to request these types of orders.
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