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Recent Blog Posts
Who Gets the Dog During a Wisconsin Divorce?
Divorce is complicated enough when it comes to dividing homes, bank accounts, and retirement savings, but what happens when the biggest dispute is about the family pet? For many people, pets are family, not property, and deciding who keeps the dog can be one of the most emotional parts of a Wisconsin divorce.
A fight over a pet can become a high-conflict issue that requires careful legal planning and compassionate handling. A Muskego, WI divorce attorney at our firm can help you understand the laws that apply to these cases and walk you through the steps you can take to protect your right to your pet.
What Happens if We Cannot Agree on Who Gets the Pet in a Wisconsin Divorce?
Under Wisconsin law, pets are legally classified as personal property. That may feel cold, but it is the framework courts must follow when spouses cannot agree on who will keep the family pet. Wisconsin’s property division statute, § 767.61, requires marital property to be divided "in a manner that is equitable," which includes animals acquired during the marriage.
Can Police Search My Car Without a Warrant in Wisconsin?
Under specific circumstances, law enforcement can search your car without a warrant. Whether or not you are carrying anything illegal, such as drugs or weapons, officers have to follow protocol before conducting a search without a warrant.
If you think your vehicle was illegally searched or officers collected evidence of a crime against you during a vehicle search, you should speak to a New Berlin, WI criminal defense attorney to assess whether your constitutional rights were violated and whether any evidence against you can be challenged.
When Can Police Search Your Vehicle Without a Warrant?
The Fourth Amendment of the U.S. Constitution protects you against unreasonable searches and seizures. However, several exceptions allow Wisconsin law enforcement to search your vehicle without obtaining a warrant. The most prevalent in your case is the automobile exception. Vehicles can be searched without a warrant because the law acknowledges the inherent mobility of your car. If police wait for a warrant, you could move your car out of the jurisdiction or destroy any evidence before a warrant can be obtained. For this exception to apply, the officers must have probable cause to believe that your car contained evidence of a crime.
What Constitutes a "Substantial Change in Circumstances" in Wisconsin?
In general, Wisconsin family courts will not modify a child custody order without proof that a substantial change in circumstances has occurred since the decree. Additionally, the judge will not even consider modification of child placement unless it has been at least two years since the last order. There is only one exception to this rule – they will change it if your child is in danger of physical or emotional harm.
What exactly is a "substantial change in circumstances?" The phrase is broad and subjective. Ultimately, it is up to a judge to decide if the argument you make and the evidence you present are sufficient to prove a need to change the existing order. Before you file a petition to modify custody, talk to a knowledgeable Brookfield child custody attorney about building a strong argument in your case.
What Are the Reasons You Can Modify Custody in Wisconsin?
There is no definitive definition for a "substantial change in circumstance." When you submit your petition to modify a custody order, you are at the mercy of the judge’s discretion. However, some common reasons to modify include:
What Does Implied Consent Mean in a Wisconsin OWI Case?
In Wisconsin, if you have been arrested for driving under the influence, the official charge is operating while intoxicated (OWI). An OWI can have severe repercussions if you are convicted, and you likely have many questions about how the court and the law handle these cases. Part of understanding an OWI charge and building a robust defense is to familiarize yourself with the concept of implied consent and to speak with a Milwaukee OWI defense attorney.
What Is Implied Consent Under Wisconsin Law?
Most people know that law enforcement will ask you to submit to some tests if they stop you on suspicion of drunk driving. However, the question that many have is whether or not you have the right to refuse to take a breathalyzer test. The short answer is no. Wisconsin Statute 343.305 addresses implied consent, and according to this law, anyone issued a driver’s license in the state of Wisconsin consents to chemical testing – typically a breath test – if they are arrested for operating a motor vehicle while intoxicated.
What Is the Fastest Way To Get a Divorce in Wisconsin?
Uncontested divorce is the fastest way to divorce in Wisconsin or any state. You can follow the streamlined process with little interference if you meet the requirements. Learn more about the advantages of an uncontested divorce before talking to an experienced Waukesha County divorce attorney who can help you navigate the process and avoid any potential issues that may slow it down.
What Is an Uncontested Divorce in Wisconsin?
As the name implies, an uncontested divorce refers to a legal process that goes through all the necessary elements of divorce, such as asset division, child custody, and support, that apply to the case without dispute. If you and your spouse agree on the terms of the divorce and do not need the court to intervene, you have an uncontested divorce.
Requirements for an Uncontested Divorce in Wisconsin
The basic requirements for filing for divorce in Wisconsin include:
How Can You Fight a Drug Possession Charge in Wisconsin?
Defending a drug possession charge in Wisconsin requires a nuanced understanding of the laws that govern these cases. The first line of defense is to work with an experienced Pewaukee drug crime defense attorney who will gather the evidence needed to provide the most robust method for challenging your charges given the circumstances of your arrest. Consider how these cases are built and what your attorney will do to protect your rights. Even when conviction seems inevitable, a knowledgeable attorney may, at the least, be able to minimize the consequences.
What Are Your Rights When Facing a Drug Possession Charge in Wisconsin?
Understanding your fundamental rights when facing a criminal charge is important. For example, you have the right to refuse to answer any questions from law enforcement until you have a legal representative present, and under Wisconsin law and federal, you are presumed innocent until the prosecution can prove guilt beyond a reasonable doubt. You also have the right to a fair, public trial, allowing you to present evidence in your defense and cross-examine the prosecution’s witnesses. Knowing and asserting your rights is part of building a strong defense strategy.
The Role of a Custody Evaluation in a High-Conflict Wisconsin Divorce
High-conflict divorce is generally characterized by animosity between spouses and a lack of willingness to compromise. Often, there are valid reasons for hard feelings, but the process becomes even more contentious when children are involved.
When you cannot agree on a custody settlement, a judge may order a custody evaluation to help determine what action to take to protect the child’s best interests. If you are planning to divorce under challenging circumstances, an Oconomowoc, WI high-conflict divorce attorney can answer your questions about custody and other elements of the process.
What Is a Child Custody Evaluation in Wisconsin?
Often, couples will go through mediation to discuss disputes about child custody, with the goal of reaching a compromise. Wisconsin law allows the court to mandate mediation to solve disputes. Typically, mediation is not a reasonable option for high-conflict couples. This is not only because the spouses cannot negotiate in good faith but also because there are often competing claims of bad behavior like abuse.
Can a Juvenile Be Prosecuted for a School Fight in Wisconsin?
In Wisconsin, a juvenile can be arrested and charged with battery if the circumstances surrounding a school fight call for it. If convicted in adult or juvenile court, the consequences can be severe, sometimes causing lasting damage to a child’s reputation and future plans. If your child is facing a battery or related charge for a school fight, a Muskego, WI juvenile court defense attorney can help you understand the charges and possible defenses.
What Does Wisconsin Law Say About Juvenile Battery?
In Wisconsin, battery refers to the intentional causing of bodily harm to someone without their consent. It is a criminal offense of varying degrees and can carry significant penalties. Typically, the court focuses on rehabilitation rather than punishment for juveniles. If tried in juvenile court, your child could face penalties like community service, probation, and counseling.
What Is a High-Asset Divorce in Wisconsin?
In any divorce, property division can be a point of complexity and contention. In a high-asset divorce, dividing property is often even more complex and challenging. Determining what is marital and nonmarital assets alone can result in major disputes.
Whatever your situation may be, an experienced Waukesha County, WI high-asset divorce attorney will fight to protect your right to fair distribution. Without legal representation, you may risk losing assets or portions of assets that are rightfully yours.
What Is the Difference Between a High-Asset Divorce and a Standard Divorce?
The complexity and value of assets are what differentiates a high-asset divorce from a standard divorce. Some characteristics of high-asset divorce include:
How Can Having an Abusive Spouse Impact Divorce in Wisconsin?
Domestic violence is always devastating. Too often, people living with an abusive spouse feel trapped because the uncertainties of divorce can leave them fearful, especially if they have children with the abuser. Currently, Wisconsin remains a no-fault divorce state, which means that you can leave without proving wrongdoing. Additionally, there are legal protections that could help keep you and your child safe, and an experienced Waukesha County, WI divorce attorney can help you understand your options.
Filing for Divorce When Your Spouse Is Abusive
Being afraid for your safety can make filing for divorce much more intimidating. It is not uncommon for victims of an abusive spouse to delay divorce for fear of retaliation. Sometimes, feelings of shame can cause you to hide the truth, especially in a no-fault divorce state, where you may feel it is unnecessary to disclose this information. Realistically, telling your attorney about the abuse right away is important, especially if your spouse has been criminally charged with domestic violence under Wisconsin law.
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