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Recent Blog Posts
How Serious is a Fourth Wisconsin OWI?
A 40-year-old Wisconsin man was recently pulled over for driving with no headlights. Before the police had the opportunity to administer impaired driving tests, the man exited the vehicle, lay on the ground, and stated, "You got me." The driver subsequently consented to a search of his person and vehicle. The police allegedly found cocaine in the driver’s pocket, along with a half-full pitcher of beer taken from a local pub on the floorboard.
Field sobriety tests were then performed, and the man was arrested for his fourth OWI offense. Because of prior OWI convictions, the man was subject to a 0.02 alcohol concentration restriction and was driving with a revoked license and without a mandatory ignition interlock device. His chemical breath test showed a BAC of 0.11 percent.
Can You Keep Your Engagement and Wedding Ring in a WI Divorce?
Most women remember every detail surrounding their engagement ring because it often coincides with being asked to marry the person they fell in love with. Although both parties may choose wedding rings together, both the engagement and wedding rings are technically given to the other spouse before they are officially and legally married.
While it might seem that this renders engagement and wedding rings separate property, this assumption is not always upheld when a dispute arises. Like a handful of other states, Wisconsin is a community property state. This means that all marital assets are split 50/50, regardless of any extenuating circumstances. Most states in the United States have gone to equitable distribution, meaning marital assets are split fairly, although not necessarily equally.
Before allocating marital assets, determining which assets are separate and which are marital must occur. Many different factors are involved in splitting marital assets, including engagement and wedding rings. Having an experienced Menomonee Falls, WI divorce attorney from Bucher, Wolff & Sonderhouse, LLP by your side can make these issues much easier, causing you far less stress.
Can I Seek Attorney Fees When My Spouse Causes Divorce Delays?
Sometimes, a spouse who is perhaps not on board with a divorce persists in causing delays and taking unreasonable positions, dragging out the divorce longer than necessary and making it more expensive. This can also occur when one spouse argues about virtually everything for no other reason than to be contentious. The spouse who just wants the divorce over and done with can be tempted to walk away from his or her share of assets or from receiving spousal support that is well-deserved.
While it is understandable to be exhausted from a spouse who is unnecessarily causing the divorce to drag out, rather than giving up assets that are rightfully yours, seeking attorney fees from your spouse may be the better choice. If you find yourself in such an untenable situation, speaking to a knowledgeable Brookfield, WI divorce attorney from Bucher, Wolff & Sonderhouse, LLP can be your best course of action.
Do Disorderly Conduct Laws Violate Free Speech?
Because more and more election workers are being harassed and even threatened, the Marathon County Board of Supervisors recently voted to approve a revision of the county’s disorderly conduct ordinance. The change would allow law enforcement to cite an individual when harassing behavior is directed toward an election official.
Before the change, the ordinance prohibited a person from engaging in "violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct under circumstances in which conduct tends to cause or provoke a disturbance." The change in the ordinance adds a line addressing the behaviors listed above when directed at an election official.
Although the ordinance passed, there was some pushback among several board members who objected, saying they were concerned that the ordinance violated constitutionally guaranteed free speech. Another stated that he feared the ordinance could hinder a citizen’s ability to question election integrity. Violation of the new ordinance could bring a fine between $500 and $1,000.
The Dangers of Listening to Divorce Advice from Social Media
Virtually everyone in America has at least dipped a toe into the social media waters. An individual may be on Facebook, Twitter, TikTok, Instagram, Snapchat, or a variety of other sites. Many lawyers today advertise on social media, particularly TikTok, where you will find trendy videos of attorneys sharing their opinions on newsworthy events or even giving "free" legal advice.
If you are considering filing for divorce, you may have considered doing it on your own – with a little help from lawyers on social media and a few downloaded forms from the Internet. You can certainly save money by handling your divorce in this manner, but before you decide to go that route, it is important to understand why getting your legal divorce advice from social media is rarely a good idea.
In fact, when you choose to get your legal advice from social media, you may negatively impact your divorce in a variety of ways. While it may be fun or interesting to watch attorney videos on TikTok, remember – this is your life and your future. Speaking to an experienced Brookfield, WI divorce attorney can ensure you do not make missteps that are impossible to fix and can adversely affect many aspects of your divorce.
What Do I Do If My Spouse Served Me with Divorce Papers in Wisconsin?
Being served divorce papers – particularly when you had no idea your spouse wanted a divorce – can be devastating. You may wonder what you need to do immediately as well as how the months ahead should be managed to safeguard your future. Especially as it relates to financial decisions, the choices you make and the concessions you give "just to get it over with" can have long-term, adverse repercussions.
Having an experienced Oconomowoc, WI divorce attorney from Bucher, Wolff & Sonderhouse, LLP who can answer all your questions and help you focus on the best options helps to ensure the best outcome possible. While it is understandable that being served with divorce papers has left you reeling, this is not the time to bury your head in the sand. Taking decisive, informed action is your best defense during this difficult time.
What Should You Do First After Being Served with Divorce Papers?
Your first step should be to hire an experienced divorce attorney. This is not a time when you should attempt to DIY your divorce. There is too much at stake, and a simple mistake can have far-reaching implications. Many people ask friends, family members, and co-workers for a divorce lawyer referral, while others will look online to choose an attorney.
Can I Be Prosecuted for Something I Did Years Ago?
Perhaps you committed a criminal offense many years ago, or even think there is a possibility that you may have committed a criminal offense. You may have been just a young adult at the time. If you were never charged with the offense and you never consulted a criminal defense lawyer, you may now be worried, wondering whether the law could catch up with you now that you have much more to lose.
You may now have a good job and a family, both of which would be adversely affected if the offense you committed years ago should come back to haunt you. The laws in the state that govern prosecution deadlines are called statutes of limitations. These statutes vary widely from one state to the next, as well as between criminal offenses and civil actions.
Statutes of limitations detail how long the state of Wisconsin has to prosecute an individual for a criminal offense. If you are worried about being prosecuted for a criminal offense you committed years ago, speak to a knowledgeable Menomonee Falls, WI criminal defense lawyer from Bucher, Wolff & Sonderhouse, LLP. See below for general and more specific statute of limitations guidelines.
What if My Spouse Refuses to Participate in the Divorce?
Perhaps you want a divorce, but your spouse does not. Or maybe your spouse is simply reinforcing your reasons for wanting a divorce in the first place by being as obstinate as possible. While most spouses will bow to the inevitable and take part in the divorce – if only to get what they want – some will either not participate in the process or will simply refuse to sign the divorce decree.
While this can certainly be frustrating, it is important to remember that a spouse intent on stopping a divorce really cannot do so. Wisconsin law allows you to finalize your divorce with or without your spouse's agreement or participation. If you are facing this type of situation, speaking to an experienced New Berlin, WI divorce attorney from Bucher, Wolff & Sonderhouse, LLP can be helpful.
My Spouse Refuses to Acknowledge the Divorce Petition
If you file for divorce, you must serve your spouse with a Summons and Petition. The non-filing party then has an opportunity to respond to the petition. The court can proceed with a default divorce if the non-filing party refuses to respond after being properly served. If you have taken every measure possible to persuade your spouse to answer the Petition for Divorce and he or she refuses, you will be granted all the terms you request from the court.
Threats Escalate for Wisconsin’s Public Officials
Elected officials in Wisconsin are being threatened and harassed — in person, online, and over the phone — because of tense political rhetoric and conspiracy theories. Many city clerks, state Supreme Court justices, and every elected official in between have reported fearing for their safety.
In some cases, people are being arrested because of a joke gone wrong. If you have been charged with making threats, harassing, or menacing a poll worker or public official, you should speak to an experienced Menomonee Falls, WI criminal defense attorney from Bucher, Wolff & Sonderhouse, LLP.
What Can a Person Be Charged with for Making Threats or Harassing a Public Official?
Wisconsin has a "menacing" law (947.013), which makes it a Class B misdemeanor to frighten, intimidate, threaten, abuse, or harass or to threaten to inflict physical harm on another person. The unlawful use of a telephone (947.012) is also a Class B misdemeanor and involves using the phone to harass, abuse, threaten, intimidate, frighten, or threaten to inflict physical harm on another person. Penalties for a Class B misdemeanor include a fine of up to $1,000 and jail time not to exceed 90 days.
Six-Month Mandatory Waiting Period for Remarriage Remains in WI
Divorce is rarely easy, and those who find love after divorce may want to make the relationship legal by remarrying. Unfortunately, this may not be so easy in the state of Wisconsin. Several years ago, legislation was introduced that would have ended Wisconsin’s six-month mandatory waiting period for a recently divorced individual to remarry. Wisconsin is one of only six states that still have a mandatory waiting period for remarriage after the finalization of a divorce, as detailed in Wisconsin Statute 765.03 (2).
Texas and Kansas each have a 30-day waiting period, Alabama requires 60 days, and Wisconsin, Nebraska, and Oklahoma each require a minimum waiting period of six months. The law was originally enacted in 1911 with the goal of allowing time for either spouse to change his or her mind. Even if the divorced couple decides to remarry one another, the six-month waiting period still applies. If you have more questions regarding the six-month waiting period, it can be helpful to speak to a knowledgeable Brookfield, WI divorce attorney from Bucher, Wolff & Sonderhouse, LLP.
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