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Recent Blog Posts
How Can A Divorce Affect My Retirement Plans in Wisconsin?
When you get married, you expect to be with that person for the rest of your life and live happily ever after. Unfortunately, that kind of fairytale love does not come around very often. In many cases, couples end up succumbing to divorce and end up having to split all of their assets that they acquired during the marriage. Wisconsin follows a rule of equal division, which means that a couple’s marital property is divided in half in most cases. which simply means that the judge will make a decision based on the facts surrounding the case. Some of the most contested issues are those dealing with finances. If you are close to retirement age, you may be concerned with how your retirement plans will be affected. Thankfully, dividing retirement accounts in Wisconsin can be completed with little to no damages.
What Are the Penalties for a Theft Charge Conviction in Wisconsin?
Many people use the terms "robbery," "burglary" and "theft," during conversation as if they are one and the same. However, many people may not know that there is a legal distinction between all three of those crimes. A burglary occurs when a person enters a dwelling and takes items from that dwelling. Robbery occurs when a person steals property from another person or another person’s presence by using force or threat of force. Theft includes a wider variety of actions and could apply to several different situations. If you have been charged with the crime of theft in Wisconsin, you should speak with a criminal defense attorney about your options.
What Constitutes Theft in Wisconsin?
Under the law in Wisconsin, you can be subject to a theft charge if you:
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Knowingly take, use, keep, or sell any property and you do not intend to return the property to the owner;
Managing Your Finances During the Separation Period Before Your Divorce
Many times, couples do not jump directly from being married to getting divorced. In most cases, a couple who is unhappy with their marriage will go through a period of separation before they file for divorce, even if that separation is not legally recognized. While this can be a good way for couples to determine whether or not they are actually ready for a divorce, it can also be a very important period of time for the couple’s finances. In Wisconsin, marital property is divided using “community property” theories. This means that each spouse is entitled to half of the marital estate, but that the marital estate is composed of all assets that either spouse owns, regardless of when they acquired that asset. Because there are such high stakes when it comes time to divide your property during a divorce, managing your finances prior to that is crucial. If you are currently separated from your spouse but are planning on filing for divorce, here are a few things you should keep in mind during your separation period:
Will I Go to Jail if I Am Convicted of Selling Marijuana in Wisconsin?
The attitude surrounding marijuana and its use in the United States has changed drastically in the past 50 years. In just the past four months, four different states have passed laws decriminalizing cannabis, allowing for the use and possession of marijuana without fear of penalty. Many lawmakers from a couple of other states -- including Wisconsin -- are also hopeful that they can pass similar laws in the coming months. However, for the time being, marijuana is still illegal to possess, sell or grow in Wisconsin. While the severity of possession charges has lessened in some Wisconsin cities recently, the sale of marijuana still remains highly illegal and can result in serious consequences.
Cannabis Possession and Consequences for Selling
In the state of Wisconsin, laws relating to marijuana are relatively strict. Many states across the country have at least legalized the medicinal use of marijuana, but marijuana still remains fully illegal in Wisconsin. Only cannabidiol (CBD) is legal for medicinal use with a doctor’s recommendation.
What Can I Do If My Ex Will Not Abide by Our Existing Parenting Plan?
One of the most important aspects of any divorce involving children is creating your parenting plan to outline certain agreements that you and your spouse have made concerning the children. In Wisconsin, once you have entered a court order detailing things such as child support and parenting time, that order is legally binding and requires cooperation from both spouses. It can be extremely frustrating when your ex does not abide by the terms of the agreement that you have. However, as a court order, there are certain steps that you can take to combat noncompliance from your ex.
Filing a Motion to Enforce Physical Placement Orders in Wisconsin
Any parent can file a motion to have their physical placement orders enforced in Wisconsin, as long as certain conditions are met. In your motion to the court, you must state your name and show that you have been awarded periods of physical placement of your child, the name of your child’s other parent and that you have had one or more periods of physical placement denied or substantially interfered with by the other parent. Once you have filed the motion with the court, you must then serve the motion to the other parent.
How Are Underage OWI Charges Handled in Wisconsin?
We can all remember the times when we were teenagers. Finally being able to drive meant finally being able to have more independence from your parents, but it also meant taking on more responsibility than ever before. Operating a vehicle while you are under the influence (OWI) of drugs or alcohol is not only highly irresponsible, but it is also highly illegal. In Wisconsin, underage offenders who are caught driving while they are intoxicated face a variety of penalties that could potentially become serious. Being charged with a crime does not necessarily mean you will be convicted of one, but a Wisconsin criminal defense lawyer can help make sure you are not.
Wisconsin’s "Not a Drop" Law
One of the most important pieces of evidence in any OWI case is the driver’s BAC or blood-alcohol concentration. For drivers who are over the age of 21, the legal BAC limit is 0.08. In most states, the legal BAC limit for drivers under the age of 21 is set at a much lower threshold and Wisconsin is no exception. Wisconsin’s underage OWI law, also known as their "Not a Drop" law, states that the legal BAC limit for those under the age of 21 is 0.00, or no amount of alcohol.
Should I Hire a Forensic Accountant During My Wisconsin Divorce?
Even though a divorce, for most people, is an emotional and often painful process, it is important to remember that it is first and foremost a legal process. Much of the divorce process is used to untangle the complicated web of finances that many couples find themselves in. Even so, it can be overwhelming for the average person to sort through compiled financial data, especially in the case of high-asset divorces. Divorces involving expensive or large assets can often also result in conflict, increasing the risk that spouses will be uncooperative with one another. Forensic accountants are often hired in high-asset divorces to analyze the couple’s financial records and in turn, ensure the property and debt division process is fair and balanced.
When Is Drunk Driving Charged as a Felony Crime in Wisconsin?
In most states, driving or operating a vehicle while under the influence of drugs or alcohol is strictly forbidden and results in a criminal charge. Wisconsin, however, is unique in the fact that it is the only state to still classify a first-offense OWI as a driving offense, rather than a criminal offense. Instead of jail time as a punishment, a first-time OWI offender typically only faces around $735 in fines, a six- to nine-month driver’s license revocation, and a potential requirement for an ignition interlock device (IID) on their vehicles. However, charges can escalate quickly in OWI cases. Under certain circumstances, operating a vehicle while intoxicated (OWI) can result in felony charges.
Fourth or Greater OWI Offense
If the OWI offense is your fourth or greater OWI offense, it will automatically be charged as a felony offense. A fourth OWI is charged as a Class H felony, which carries a possible jail sentence of 60 days to six years, a two- to three-year driver’s license revocation, and an IID requirement for vehicles. Charges for further offenses can range from Class G felonies to Class E felonies, for 10th or greater offenses.
What Is the Role of a Guardian Ad Litem in a Wisconsin Divorce?
In almost every divorce, there will be some form of disagreement, whether that be on the way the property was allocated or the way the spousal maintenance was calculated. For some couples, every topic brings a disagreement. For other couples, it is the children who become a point of contention. In situations when parents cannot reach a custody agreement, even in mediation, a guardian ad litem will be appointed to help the court determine what is in the child’s best interests. Going through a divorce with a spouse who does not seem to want to cooperate can be stressful, but the guardian ad litem (GAL) is there to make sure your child’s rights are protected.
What Are the Penalties for Fleeing the Scene of a Crash in Wisconsin?
There are many traffic offenses with which you could be charged in Wisconsin; however, one of the more serious offenses involves fleeing the scene of an accident. According to AAA, there were an estimated 737,100 hit-and-run crashes that took place in the United States in 2015. Fleeing the scene of a car accident, which is also known as a hit-and-run accident, is considered to be a criminal offense in Wisconsin and could even potentially carry jail time as a consequence in some circumstances. If you have been charged with fleeing the scene of an accident in Wisconsin, you should immediately contact a traffic violations defense attorney.
Wisconsin Law Concerning Drivers Stopping After Accidents
There are many reasons why a person may not stick around after getting into an accident with another driver. Perhaps they did not have driver’s insurance or a driver’s license. Maybe they were simply scared and panicked when they drove away. Whatever the reason, leaving the scene of an accident is illegal in Wisconsin. Depending on the situation you are in, Wisconsin law dictates the actions you must take if you are in an accident with another driver.
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