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Recent Blog Posts

The 4 Different Options for Ending Your Marriage in Wisconsin

 Posted on February 29, 2024 in Divorce

Menomonee Falls, WI divorce lawyerA divorce does not have to be a long, drawn-out fight between feuding spouses. There are multiple ways to approach a divorce, and the correct approach will depend on your circumstances and what you hope to gain from dissolving your union.

There are four different types of divorce in Wisconsin and it may help you to learn about each before you decide to end things altogether. Even if you have a good understanding of the right approach for your case, a divorce attorney is a good advisor to consult when looking to file for divorce. They can offer invaluable advice on the best way to approach your situation.

Uncontested Divorce

An uncontested divorce is a more straightforward divorce than the typical event you might see on television. A couple will usually have all or most of their issues worked out before filing to dissolve their marriage. The issues in question are:

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Habitual Traffic Offender Law in Wisconsin

 Posted on February 21, 2024 in Criminal Defense

 Oconomowoc criminal defense lawyerWisconsin instituted the Habitual Traffic Offender law to protect the public and other drivers from motorists who fail to consider the safety of others while out on the road. Motorists who demonstrate a lack of care for the safety of others, such as drunk drivers, distracted drivers, and other traffic offenses, are deemed habitual traffic offenders and could see their license revoked for a lengthy duration. To help preserve your driving privileges in the wake of being considered a habitual traffic offender, consult a criminal defense attorney experienced in such matters.

How The Habitual Traffic Offender Law Works

The Wisconsin Department of Motor Vehicles tracks all traffic violations of Wisconsin driver’s license holders whether they are committed in or out of state. Drivers who do not have a Wisconsin driver’s license but who have been convicted of traffic offenses within state lines are also kept an eye on. The qualifications for a habitual traffic offender include the following:

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Who is Spousal Maintenance For?

 Posted on February 12, 2024 in Divorce

Brookfield, WI alimony lawyerSpousal maintenance can help one get back on track with their life after a divorce. The spouse who often receives the support is generally the one who earned less during the marriage or who has a lesser capacity to earn. An example would be a mother who gave up a career to stay home and take care of the children. Understanding how spousal maintenance is granted and why is crucial to one major issue following a divorce. An experienced divorce attorney can provide you with all the answers you need regarding such issues.

What is Spousal Maintenance?

Most often referred to as alimony, spousal maintenance is a monetary reward that one ex-spouse pays to another while the recipient undergoes job training or education in an effort to become job marketable. Maintenance can be indefinite in rare circumstances but is most often awarded for a limited time.

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Understanding Wisconsin Disorderly Conduct Laws

 Posted on February 05, 2024 in Criminal Law

Blog ImageAnyone behaving in a way that disturbs the peace can be charged with disorderly conduct and face the associated penalties. Being violent, indecent, obnoxious, or loud in a public or private place is against the law and is often easy to prove. You do not need to actually disturb anyone to receive a disorderly conduct charge but an experienced attorney can help you better understand the legalities of the situation.

Disorderly Conduct Penalties

Disorderly conduct is classified as a Class B misdemeanor charge and can see an individual punished by a maximum stay in jail of 90 days along with a $1,000 fine. These crimes do not often take much to see someone charged and are one of the most charged offenses in Wisconsin.

The Role of Speech in a Disorderly Conduct Charge

Speech alone can be, but rarely is, enough to charge someone with disorderly conduct. The speech must be specifically used with purposeful intent to cause a disturbance for it to be considered disorderly conduct. 

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Understanding Your Right to a Speedy Trial

 Posted on January 30, 2024 in Criminal Defense

Waukesha County criminal defense lawyerDerived from the Sixth Amendment of the US Constitution, any citizen charged with a crime in Wisconsin has a constitutional and statutory right to a fair and speedy trial. This is in all criminal prosecutions, from misdemeanors to felonies. However, it does not extend to every aspect or step of your criminal case. For help with your criminal charges, do not hesitate to contact a criminal defense attorney to help safeguard your rights.

What is The Right To a Speedy Trial?

The premise for a right to a speedy trial is to not hold the accused in a state of limbo between when they are arrested and when a trial begins. This means the Constitution does not want people rotting in jail for too long while awaiting their impending trial.

Though the Constitution does not explicitly define what constitutes a speedy trial, it does provide guidelines on how your rights may be violated. A federal speedy trial may differ from a state's speedy trial, as is the case in Wisconsin. The Wisconsin Statute mandates a maximum predetermined timeframe for when a trial should take place. This includes trials for misdemeanors, which should be tried within 60 days of the initial appearance and 90 days following the demand for a trial in felony cases.

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How To Modify a Wisconsin Child Support Order

 Posted on January 24, 2024 in Child Support

Waukesha County family lawyerChild support orders may need an adjustment if there have been significant changes to a parent’s or child’s circumstances. The non-custodial parent should speak with the custodial parent on a potential child support modification before taking any legal action. It will make the process go a lot smoother if both parents agree to the adjustments. Failure to reach an agreement will require strong reasoning for child support changes in a Wisconsin court. Consulting an attorney before filing a stipulation to change support can ensure you have a strong enough case for your modification request.

Wisconsin Child Support Modification Eligibility Requirements

Before filing a motion to modify child support in Wisconsin, a parent will need to meet certain requirements. Wisconsin has a 33-month waiting period in place for essential modifications to a child support order. However, this waiting period can be waived if there has been a substantial change in circumstances for the child, non-custodial parent, or custodial parent.

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Shoplifting Can Lead to Criminal Felony Charges

 Posted on January 15, 2024 in Criminal Defense

Waukesha County criminal defense lawyerMost people probably think of petty theft when shoplifting involves something like stealing a shirt from a mall outlet or a pack of gum from a convenience store. The truth of the matter is, depending on the value of what is lifted, you could face serious penalties, including up to a decade in prison. To further understand the laws surrounding shoplifting, you will want an experienced lawyer to guide you through them.

How Wisconsin Defines Theft

Types of theft can vary widely in Wisconsin. There is shoplifting, identity theft, and theft by fraud, to name a few. As far as the Wisconsin Statutes go, what constitutes theft is the taking, removing, using, hiding, or keeping another person's property without their consent with the intent to own that property permanently.

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When To Get a Postnuptial Agreement in Wisconsin

 Posted on January 04, 2024 in Family Law

Waukesha County divorce lawyerSo you got married but forgot to get a prenuptial agreement or simply never planned on getting one in the first place. But now you feel you need to protect the assets you have worked so hard to accumulate and wonder if it might be too late. Thankfully, postnuptial agreements do exist and are legally binding in Wisconsin, so long as what is in it is still fair should a divorce occur. Consulting a knowledgeable attorney can help you navigate the complexities of a postnuptial agreement and determine if one is suitable for your situation.

What is a Postnuptial Agreement?

postnuptial agreement is practically a prenuptial agreement created after the marriage has begun. Couples still use them to protect their assets, such as vehicles, bank accounts, retirement accounts, homes, etc. They can be a great way to offer peace of mind to anyone hoping to keep their personal belongings after a divorce, especially in a community property state such as Wisconsin.

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Defense Against Fraud Charges in Waukesha

 Posted on December 27, 2023 in Fraud

Waukesha County criminal defense lawyerDeception to cause harm, or fraud, is a serious criminal offense in Wisconsin that could land a defendant behind bars. Fraud comes in many forms, and to help protect you from the fallout of the charges will require a skilled and knowledgeable lawyer. You will do well to understand what fraud is, in a legal sense, and how best to defend yourself from any fraud-related charges.

How Fraud is Committed

An act of fraud, for it to be considered fraud, will require:

  • The accused knowingly misrepresenting a material fact to deceive
  • The accuser acting on the false statement they believe to be true and suffering harm or loss as the result

There are two primary categories of fraud, which include:

Why Establishing Paternity is Beneficial in Wisconsin

 Posted on December 18, 2023 in BUI

Waukesha County family law attorneyBeing legally acknowledged as a child's father carries with it many benefits, both legal and personal. There are many reasons why establishing paternity can be important in the short and long-term of both the parent and child's life. Those reasons include:

  • Provides the father legal rights to their children
  • The child will know who their father is
  • The father can add the child to their health insurance
  • Health records are now accessible to both parents
  • A father can leave an inheritance to the child
  • Child support is now legally possible

A family law attorney can help you establish paternity as a father. As a mother, an experienced lawyer can provide advice and support in getting the courts to enforce a paternity test or help locate an absent father.

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