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Recent Blog Posts
When Can a Parent Get Sole Custody in Wisconsin?
Many parents who are in the midst of a divorce or child custody battle want sole custody. It is normal for a parent to want to have their child with them all the time. However, sole custody is an arrangement of last resort in Wisconsin. In most situations, courts want children to benefit from having a relationship with both parents. This is often true even if one parent has a criminal record, or has struggled with mental illness or substance abuse. Courts are generally reluctant to cut a parent off from their child completely. However, there are situations where a court will agree that sole custody is appropriate. If your child’s other parent has been abusive to your child to the point where your child gains no benefit from being around that parent, a Wisconsin court may find sole custody to be in the child’s best interest. If you believe that excluding the other parent from the child’s life is the best option, it is important to work closely with an experienced child custody lawyer.
Wisconsin Increases BUI Enforcement
In the past week, the Wisconsin Department of Natural Resources announced that it will be initiating “Operation Dry Water,” a campaign to increase law enforcement presence in Wisconsin’s lakes and rivers during the Fourth of July Weekend. There will be more law enforcement officers present around the state’s waterways during a designated period of high enforcement. While the goal is for all laws related to safe boating practices to be better enforced, there will be a focus on BUI laws. This means that boaters in Wisconsin will be under increased law enforcement supervision. It is always important to obey boating safety laws, including those related to life vests and remaining sober when driving a boat. If you are arrested for BUI, it is important to take the situation very seriously. Boating may be fun, but your day can change quickly if you are arrested.
Domestic Violence, Women, and Self-Defense
Women are now being arrested for domestic violence nearly as frequently as men. There are a number of reasons for this increase in the number of women being arrested. One is that domestic violence against men is being taken more seriously. However, it can be difficult for police to determine who is the victim and who is the offender when they have not witnessed the violence themselves. While women are being arrested more frequently, men are still far more likely to be convicted. These statistics may suggest that more women are being erroneously arrested, leading their cases to be dismissed later. Yet, defending against a domestic violence charge can be challenging. There is a strong societal distaste for perpetrators of relationship violence. Even if you were defending yourself or did not commit the offense you are accused of, it is very important to have a skilled attorney representing you.
What Expenses Are Covered by Wisconsin Child Support Orders?
Raising a child can be expensive, and there are numerous costs that parents will need to address on an ongoing basis. When parents are married or living together, they will usually be able to work together to cover these costs as they manage their family's budget. However, when parents are divorced or when unmarried parents are no longer in a relationship, they will need to determine how to share the costs of raising their children. Child support orders will usually be put in place in these situations, and parents will need to understand what these orders will cover and how different types of expenses may be shared.
Addressing Children's Basic Needs
Wisconsin law provides guidelines that are used to calculate child support obligations. Under these guidelines, each parent's income may be considered, and they will be required to put a percentage of their income toward supporting their children. The number of children the parents share and the amount of time that children will live with each parent will be factored into the calculation, and one parent will typically make payments to the other parent.
When Can a Person Be Charged With Drug Manufacturing in Wisconsin?
For Wisconsin residents, drug charges can be very serious. Law enforcement officials in the state may investigate a person for a variety of offenses related to controlled substances, and a person who is convicted on these charges may be sentenced to serve time in prison, be required to pay large fines, or face other requirements, such as mandatory drug testing during a period of probation. While many of these cases involve accusations of drug possession, those who are accused of manufacturing controlled substances will likely face more serious charges. By understanding the offenses that may fall under the category of drug manufacturing and the potential penalties that may apply following a conviction, people facing these charges can determine their best options for defense.
Am I Entitled to My Spouse’s Pension After a Wisconsin Divorce?
UPDATE: Am I Entitled to My Spouse’s Pension After a Wisconsin Divorce?
Originally published: May 25, 2022 -- Updated: June 1, 2023
Update: As mentioned below, issues related to pensions can be complex factors to address during the divorce process. It is important to understand how the value of a pension will be determined as a couple addresses issues related to the division of marital property. This is not always easy, because at the time of a couple's divorce, retirement may be multiple years or decades in the future. Since pension benefits are usually based on the amount of income a person earns at the time of retirement, it may be difficult or impossible to determine the full value of pension benefits until a person is closer to retirement.
In many cases, the best way to address pension benefits is to determine the portion of the benefits that are considered to be marital assets and divide that portion equally between the spouses. The marital portion of pension benefits can be determined by dividing the amount of time that a spouse worked and earned a pension while a couple was married by the total amount of time they worked in a pension-eligible position during their career.
How Can I Get My License Back After a Wisconsin OWI Arrest?
Drunk and intoxicated driving is a serious concern on the roads in the state of Wisconsin. Drivers who use alcohol or drugs will experience impairments that make it difficult or impossible to control a vehicle safely and avoid accidents that could cause harm to themselves or others. Because of this, people who are arrested on suspicion of drunk driving will face a variety of penalties. While a conviction for operating while intoxicated (OWI) will result in a driver's license revocation, there are some situations where a person's license may be suspended even if they are not ultimately convicted. If you are facing the loss of your license after being arrested for OWI, you will need to understand your options for regaining your driving privileges.
License Reinstatement in OWI Cases
There are numerous reasons that you could lose your driver's license after being arrested for OWI. If, following an arrest, you submit to a chemical analysis of your blood alcohol content (BAC), and a blood, breath, or urine test shows that you were over the legal limit, your driver's license will be suspended for six months. However, if you refuse to take a BAC test, a court will take action to revoke your license for one year. You may be able to contest a suspension by requesting an administrative hearing, and a hearing may also be held to determine whether a court-ordered revocation will be put in place. In general, hearings must be requested within 10 days after receiving a notice of an administrative suspension or court-ordered revocation.
Will I Be Required to Sell My Home During My Divorce?
Getting a divorce is rarely an easy or simple process. If you have chosen to separate from your spouse, you will need to address multiple types of financial issues while also making sure to follow the correct legal procedures to terminate your marriage. Many of these financial concerns will be related to the property you own, and in your divorce settlement, you will need to determine how your community property will be divided between you and your spouse. As you address these issues, some of the most significant concerns will be related to your family home. Determining whether you will be able to continue owning your home or whether it may be necessary to sell the home during your divorce is not always easy, but with the help of a skilled divorce attorney, you can decide on the best route to take that will protect your financial interests in the years to come.
When Can a Person Be Charged With Aggravated Battery in Wisconsin?
Under Wisconsin law, battery is defined as intentionally causing bodily harm to someone else. This offense is sometimes referred to as assault, and it may apply in a variety of situations, such as when an argument escalates out of control and turns into a fight in which one person injures the other. While battery is usually charged as a misdemeanor, there are some circumstances where it may result in felony charges for either substantial battery or aggravated battery. By understanding when these charges may apply, a person who is accused of assaulting someone else or engaging in behaviors that are considered battery can determine their options for defending against a conviction and avoiding or minimizing the penalties that may apply.
When Can Battery Be Charged as a Felony?
The key issue that may affect battery charges will be related to the forms of bodily harm that were allegedly inflicted. Bodily harm will generally involve physical injuries that caused pain or resulted in illnesses or impairments. In cases of minor bodily harm, such as bruises or small cuts and scrapes, battery may result in Class A misdemeanor charges. A person who is convicted of a Class A misdemeanor may be sentenced to up to nine months in jail and fined up to $10,000.
4 Issues That Can Make the Divorce Process More Difficult
The decision to file for divorce and the process of ending a marriage are rarely easy. If you are in this situation, you are likely to experience difficult emotions and significant stress related to the changes in your life, your ability to meet your financial needs, and conflict with your spouse. Even if you and your spouse have agreed to take a cooperative approach to your divorce while avoiding conflict as much as possible, there are numerous issues that may arise during the process of dissolving your marriage. By understanding the challenges and complications you may encounter, you can determine the best ways to navigate these issues and successfully complete your divorce.
Complications That May Arise During the Divorce Process
During your divorce, you will need to address many different issues, including deciding how to divide your marital property, resolving concerns about the custody of your children, and determining whether financial support will be paid by one party to the other. As you work to resolve these issues and negotiate a divorce settlement, you may encounter challenges related to:
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