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Recent Blog Posts
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.
Treatment Alternatives and Diversion Dashboard Launched by DOJ | WI
The Wisconsin Department of Justice and Bureau of Justice Information and Analysis announced on July 25, 2024, a new online dashboard for the Treatment Alternatives and Diversion program. Wisconsin Attorney General noted that the new dashboard would help those struggling with substance abuse and would save taxpayer dollars.
The dashboard is connected directly to the CORE reporting system, where data regarding eligibility determination, admissions and discharges, and referrals are kept. It currently contains data for the past five years. TAD programs are funded in 59 Wisconsin counties and three recognized tribes. If you have been charged with OWI, drug possession, or certain other offenses, ask an experienced Brookfield, WI Operating While Intoxicated attorney from Bucher, Wolff & Sonderhouse, LLP about whether you qualify for the TAD program.
What is the TAD Program in Wisconsin?
The Treatment Alternatives and Diversion program was established in 2005 under Wisconsin Act 25 to support county efforts to provide treatment and diversion programs for non-violent adult offenders who are facing criminal charges due to substance abuse. Under state statute, the TAD program is funded on five-year cycles.
Is Child Support Affected When a Parent Has Another Child?
About 1,300 new stepfamilies are forming every day, and more than 50 percent of all U.S. families are remarried or re-coupled. One out of every two marriages ends in divorce, and 75 percent of those who divorce will remarry. Since it is common for one or both parents to remarry following a divorce, this can affect the children of the first marriage. If the parent who is responsible for child support has another child after the remarriage, will this affect the monthly child support amounts for the child or children from the previous marriage? This is a complicated question and can depend on the specific situation.
If you are the parent receiving child support, it can be nerve-wracking to find that your ex is expecting a new child. Blended families generally go through at least a few bumps on the way to family harmony. You may worry that your child will be pushed aside or will no longer receive sufficient financial support from his or her other parent. These are legitimate concerns that a knowledgeable Muskego, WI child support attorney from Bucher, Wolff & Sonderhouse, LLP can help you address. Once you have a knowledgeable family law attorney by your side, you can be sure that your child’s best interests will be protected.
How Are Wisconsin Cash Bail Reforms Progressing?
A person in Wisconsin charged with a crime and in need of a strong criminal defense may be unsure of how recent changes to bail laws will affect his or her ability to meet bail requirements. A 2023 change to the Wisconsin state constitution created a fundamental shift in how judges in the state set bail. Prior to this change, a judge was only allowed to set a specific dollar amount for bail in an amount sufficient to ensure the defendant would return for trial.
The change allows judges to consider whether the defendant is a threat to the community when setting bail. Judges can also consider prior violent crimes committed by defendants. Those against the change to the constitution say there is already a mechanism in place for judges to keep the public safe: release conditions. Release conditions can include curfews, GPS monitoring, or regular check-ins with pretrial services.
More than a year later, criminal justice advocates argue that this cash bail constitutional amendment – which was approved by voters – suffered from procedural flaws that should have invalidated it. Submission deadlines may not have been properly met, and the ballot questions were not sent to the correct election officials. An effort to stop the 2023 vote was rejected, with the judge stating there was no irreparable harm if the measures were not blocked.
Stay-At-Home Parents and Wisconsin Divorce
For many families, having one parent stay at home instead of leaving every day for work is a necessity. It can sometimes be a full-time job being responsible for maintaining a home and caring for the children, especially if they have busy schedules packed with after-school activities or special medical needs. When both parents have demanding jobs, it can feel impossible to take care of everything the family needs.
It might be a logical arrangement for some, but it can be stressful for a stay-at-home parent to consider divorce if the couple is no longer happy together. Not earning an independent income can make you feel like you have no money of your own. Spending several years out of the workforce can make you think you are a less attractive candidate for jobs when you are ready to work again. You might worry about how you would maintain your and your children’s lifestyle after a divorce. Luckily, Wisconsin courts recognize the important contribution of stay-at-home parents and consider it when making decisions about spousal maintenance. If you are a stay-at-home parent nervous about the financial impact of divorce, speak with a skilled Oconomowoc, WI family law attorney to review your options.
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