Free Consultations | Available 24 / 7
262-232-6699
711 W. Moreland Blvd. Suite 100,
Waukesha, WI 53188
Recent Blog Posts
How Are Pensions Divided in a Divorce?
Divorce obviously has tremendous emotional, psychological, and familial ramifications, but it has significant financial consequences as well.
A frequent source of consternation is how to divide up the wealth accumulated by the couple during their years of marriage. The focus is not only currently held assets, but prospective income as well – especially pensions.
Pensions can be a challenging subject during divorce, as a person’s quality of life post-retirement hinges upon them. Many people are hesitant to share a portion of their retirement assets with their spouse. However, before you panic, it is not a foregone conclusion that your ex-spouse will take the lion's share of your monthly benefit payment. Here is how Wisconsin courts divide pensions during divorce:
How Pensions Are Valued
Wisconsin is a community property state, meaning most property, wealth, and assets accumulated during the marriage by either party is considered marital property. This has ramifications for how pensions are valued.
Establishing Paternity in Wisconsin
The State of Wisconsin grants fathers certain rights regarding their children. However, a father must establish his legal relationship to the child before he gains many of these rights. Establishing paternity allows a father to ask the court for custody and visitation, and add his child to his health insurance. Children also gain inheritance rights and access to the father’s social security benefits.
However, accessing any of these rights is difficult if the father cannot establish paternity or, in other words, prove they are the child’s biological father.
Paternity is also relevant to children and mothers. The court cannot issue a child support order unless the paternity of the father is established.
Voluntary Paternity Acknowledgement
If both parents agree who the father is, they can sign a voluntary paternity acknowledgement form to establish paternity. This form is generally signed by unwed couples at the hospital after the mother gives birth. It is then filed with the secretary of state.
Does a Police Officer Need a Warrant to Search My Car?
Seeing police lights in your rear-view window is a cause of apprehension. A reel of questions might run through your head, “Why am I being stopped?” “What questions will they ask me?” “Am I in trouble?” Simply being pulled over is enough to make your heart flutter, but your heart rate may elevate dramatically if the officer asks to search your car. At this point, the officer probably suspects serious wrongdoing, and the chance of arrest may have increased.
However, the officer cannot search your vehicle without a valid reason. Due to the Fourth Amendment's protections against unreasonable searches and seizures, police officers can only search a car if there is a reasonable suspicion of wrongdoing.
When Can Police Search a Vehicle?
The Constitution protects us from unjustified searches and seizures of personal property. However, the law applies differently to different types of property. Police usually need a search warrant before entering and searching someone's home. However, the expectation for privacy in a vehicle is lower than the expectation of privacy in a vehicle. Consequently, there are a greater number of reasons why police may conduct a warrantless search.
What Are the Consequences for Violating a Protective Order?
In the State of Wisconsin, a court may restrict a person’s freedom to go certain places or be near certain people. Such a restriction is imposed using a “restraining” or “protective order.”
A judge usually issues a protective order at the request of someone (“the petitioner”) who feels their personal safety is threatened by the person subject to the order (“the respondent”).
They are most commonly used in cases of stalking, domestic abuse, child abuse, elder abuse, and harassment.
Two kinds of protective orders exist:
- Temporary orders: As the name suggests, this is a short-term order that only lasts 90 days. It serves as a placeholder while the judge considers the merits of a longer order.
- Injunctive orders: If the judge decides a longer order is necessary, he will impose an injunctive order that can last up to four years.
Debt and Divorce: Will I Be Stuck with My Ex-Spouse’s Poor Decisions?
Even when a divorce is necessary, it is still difficult. Both parties are generally invested in protecting their interests and are likely to be entrenched in their positions.
Although divorce is framed as a fight to retain property and assets, sometimes it is about the things you do not want to keep. A prime example is your soon-to-be ex-spouse’s debt. The thought of being responsible for their poor financial decision making is frustrating and infuriating.
In Wisconsin, the Marital Property Act delegates responsibility for debt incurred by either spouse during marriage. Under the Act, all debt occurred during the marriage is considered jointly shared. The reasoning here is that the debt, even if financed by just one of the spouse’s, is for the benefit of the marriage. For example, if the husband buys a house during the marriage, the wife could still be liable post-divorce, even if only the husband’s name is on the title and mortgage.
Alimony vs. Property Distribution; What You Should Know
The lives of married people are often totally intertwined, which is part of what makes divorce so difficult. How do you determine who is entitled to what? The challenge is especially acute in the financial realm. After all, it is often the case that one spouse was mostly or entirely dependent on the income of the other.
In these situations, the dependent spouse will often be granted some form of compensation for his or her continued sustenance post-divorce. Generally, this compensation falls into one of two categories: property distribution or spousal maintenance.
Spousal maintenance or “alimony” is court ordered spousal support in the form of monthly payments made by the supporting spouse to the dependent spouse. Property refers to assets already in the couple’s possession, such as a house, stock dividends, etc.
Divorcing spouses are often presented with a choice between greater alimony payment and less property, or more property in exchange for less in alimony. This decision should be made with great care. Both choices carry serious ramifications, and each has both pros and cons.
What Happens After Being Charged with a Crime?
Being charged with a serious crime is terrifying. Your mind may be inundated with feelings of anxiety and uncertainty. Your job, your quality of life, and your freedom are suddenly at stake.
The unknown is part of what makes an indictment so scary. What happens next? The criminal process is difficult to navigate; criminal law is vague and complicated.
Furthermore, not all charges are treated the same. The nature of the crime largely dictates what happens next.
Misdemeanor v. Felony
Generally speaking, all crimes can be divided into two categories: misdemeanors and felonies.
In the State of Wisconsin, felonies are considered more serious crimes than misdemeanors. Distinguishing between the two is simple: Felonies carry a maximum prison sentence of more than one year, while misdemeanors are punishable by less than a year of incarceration.
Stages of the Criminal Process
When Is an Ignition Interlock Device Required in a Wisconsin OWI Case?
An arrest for drunk or intoxicated driving can result in multiple consequences. If a person is convicted of operating while intoxicated (OWI), they may be required to pay fines, they may be sentenced to time in prison, and their driver’s license may be revoked. In some cases, a person may lose their driver’s license even if they are not convicted of OWI. Because most people need to be able to drive regularly, it is important for a person to understand their options for regaining their driving privileges, including whether they can receive an occupational driver’s license. For these types of licenses, a person will be required to use an ignition interlock device (IID), and these devices may also be required in other OWI cases. When using a vehicle with an IID, a person will be required to provide a breath sample before starting the vehicle and at regular intervals while driving.
5 Types of Assets to Address in a High Net Worth Divorce
There are many complications that can arise when separating a married couple’s finances, possessions, and other parts of their lives during the divorce process. However, these issues can become much more complex in a high asset divorce case due to the complex assets that a couple may own and the high values of these assets. As these couples determine how to handle the division of marital property, they will want to be aware of the factors that may affect their decisions and the steps they can take to protect their rights and interests.
Dividing Complex Assets
Couples with a high net worth may need to determine how to handle assets such as:
-
Bank accounts - A couple may have multiple accounts, including savings accounts in different states or countries, money market accounts or other types of investments, and checking accounts or lines of credit used to make regular payments. Depending on how a couple has handled financial issues, one spouse may not be fully aware of certain accounts. During the discovery process, all of a couple’s accounts and sources of funds may be disclosed or uncovered, and if necessary, a forensic accountant may be used to look for any accounts or other methods that a spouse may have used to hide assets.
What Is Wisconsin’s Habitual Traffic Offender Law?
Most people are likely to be pulled over by a police officer and issued a traffic violation at some point during their lives. These tickets are often issued due to minor violations of traffic laws, such as speeding or failing to come to a complete stop at a red light or stop sign. While traffic tickets may require a person to pay a fine, and they may lead to other issues, such as increased insurance rates, a driver usually will not face serious consequences that will affect their driving privileges. However, if a person receives multiple traffic tickets within a certain period of time, they may face more serious penalties, and if they are considered a habitual traffic offender, they may be subject to a lengthy driver’s license revocation.
What Is a Habitual Traffic Offender?
A conviction for a traffic violation will result in a certain number of points being added to a person’s driving record, and if a person accumulates at least 12 points within 12 months, their driver’s license will be suspended. However, a person will face more serious consequences if they are convicted of enough violations to be considered a habitual traffic offender. This designation will apply if a person is convicted of 12 traffic violations or four major traffic violations within five years. Major traffic violations include:
Contact Our Firm
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
