By Attorney Max Stephenson

Whether you are getting married for the first time or remarrying after a divorce, a prenuptial agreement can help you and your partner enter your marriage with a clear understanding of each other’s needs and interests regarding marital and non-marital property. Getting a prenuptial agreement does not mean that you believe a divorce is inevitable, but it is important that you go about the process of creating an agreement correctly to make sure that it is valid and enforceable if you do decide to divorce later on.

Creating an Enforceable Prenuptial Agreement in Wisconsin

In most cases, the terms of a prenuptial agreement will be honored during the divorce process. However, actions during the process of creating the agreement may make some or all of a prenup’s terms unenforceable. If you want to ensure that your prenuptial agreement is legally valid, you should:

Due to a sharp increase in the number of COVID-19 cases in Wisconsin, Governor Tony Evers has declared a new public health emergency in addition to the previous emergency declaration made on July 30. This surge in cases has mostly affected people between the ages of 18 and 24, including those on college campuses and who have attended social gatherings. To address these concerns Gov. Evers also issued an executive order requiring Wisconsin residents who are five years old or more to wear masks or other face coverings whenever they are indoors or in enclosed spaces with people other than those in their household or family. Here is Gov. Evers' press release:

Gov. Evers Declares New Public Health Emergency Due to Campus Outbreaks, Issues New Face Coverings Order

MADISON — Gov. Tony Evers today declared a new public health emergency in Wisconsin due to recent surge in cases among young people and issued a new face coverings order effective immediately. Executive Order #90 is available here. Emergency Order #1 is available here. Both orders are effective immediately and will expire after sixty days or with a subsequent superseding order. The governor previously declared a public health emergency under Executive Order #82, which remains in effect.

By Attorney Chris Strohbehn and Litigation Paralegal Ruth Campos

If you are injured in an accident, you may understandably be preoccupied with your pain and the need for medical attention in the immediate aftermath. However, when you see the medical bills for your necessary treatment, your concern may quickly shift to your ability to pay. At this point, it is important to identify who was at fault for the accident to determine whether it is possible to pursue a personal injury claim or lawsuit that can get you the compensation you need to cover your expenses.

When Is a Driver Liable for an Accident in Wisconsin?

Accident liability is determined by a driver’s negligence. In order to obtain compensation through a lawsuit, you will likely need to demonstrate that another driver in the accident acted carelessly or dangerously, violating his or her duty of care to you and causing the accident that led to your injuries.

By Attorney Nicole Masnica

Recent events in Kenosha have raised questions about Wisconsin’s laws regarding the use of a firearm in self-defense. While we make no judgments regarding any ongoing cases, it is important for all Wisconsin residents to understand their rights to self-defense according to state law, especially if they find themselves under attack or facing criminal charges. Cases involving self-defense can be complicated, and if you are facing charges, your best option to avoid a conviction is to hire an experienced criminal defense attorney who can develop a strategy based on a thorough understanding of the law.

When Is Self-Defense Legally Justified in Wisconsin?

Wisconsin law allows you to threaten or use force against another person when you reasonably believe that they intend to do you harm or illegally interfere with your person. However, you are authorized to use only the force necessary to prevent the harm or interference from occurring. This means that you may only use deadly force in self-defense if you reasonably believe that it is necessary to prevent someone from killing or doing great bodily harm to you. You are also permitted to use force to defend a third party if your intervention is necessary to protect him or her from harm.

By Attorney Chris Strohbehn

Summer in Wisconsin is a popular time for boating on Lake Michigan, the many lakes in Waukesha County, and other bodies of water in the area, especially during a year when many people are turning to outdoor activities. Just remember that when you go out on the water, there are things that you, your family, and your friends can do to stay safe and avoid being injured in a boating accident or causing one yourself.

How to Stay Safe While Boating in Wisconsin

Boating safely is not difficult as long as you follow a few basic guidelines. Some of the best ways to promote and ensure safety while on the water include:

In Wisconsin, drunk driving is a factor in almost 3,000 injuries and 170 fatalities each year, and operating while intoxicated (OWI) is a criminal offense that can often result in serious consequences. If you are arrested under suspicion of driving while impaired by drugs or alcohol and have no prior record, you may be fortunate to avoid some of the more severe criminal penalties that apply for repeat offenders. Under certain circumstances, however, you may face the possibility of a criminal conviction, which can result in jail time, probation, and substantial fines that well exceed those typically associated with a first-time drunk driving offense.

Aggravating Factors in a First-Time OWI Arrest

In most cases, a first conviction for an OWI offense in Wisconsin results in a fine between $150 and $300, plus costs, and the revocation of the offender’s driver’s license for six to nine months. However, several additional factors can result in greater penalties, including:

• Driving with a blood alcohol concentration (BAC) at or above 0.15 or refusing to submit to a chemical test of your breath, blood, or urine. If you are found guilty of a first-time OWI  with a blood alcohol concentration of 0.15 or greater, you will be required to install an ignition interlock device in your vehicle for up to a year, which carries with it its own expense. If you are convicted of a refusal to submit to testing, your driver’s license revocation will be one year, and your eligibility for an occupational license will be delayed.
• Driving with a minor under the age of 16 in the vehicle. Having a minor passenger in your car will make what would be a municipal forfeiture a criminal misdemeanor, with increased fines of up to $1,100, an increased revocation period of up to 18 months, and up to six months in jail.
• Causing injury while driving drunk. If it is your first OWI offense, and your operation result in pain or other injuries to another person, you will face fines up to $2,000, revocation of your license for up to two years, and up to one year of incarceration. These penalties may be even higher if you had a passenger under the age of 16 in your vehicle.
• Causing great bodily harm while intoxicated. If drunk driving results in another person having a substantial injury that, for example, can lead to permanent disability or disfigurement, you may be charged with a Class F felony, which carries severe penalties, including up to 12.5 years in prison.
• Homicide while driving intoxicated. The most serious drunk driving offense, causing an accident resulting in another person’s death, can result in Class D felony charges with up to $100,000 in fines, up to 25 years in prison, and a revoked license for five years or more.

No matter what type of intoxicated driving offense you are facing, it is important to consult with an experienced criminal defense attorney who can provide quality legal representation.

By Attorney Kristen Nelson

It is a situation that can happen: a licensed health care professional is arrested for a first-offense operating while intoxicated (OWI), and they immediately hire a criminal defense attorney.

A first-offense OWI is not a criminal offense in Wisconsin, but rather a traffic violation. Depending on the county, the case may not even show up in CCAP (the Wisconsin Circuit Court Access Program).

By Attorney Max Stephenson

Establishing legal paternity is often a goal for unmarried mothers who want to ensure that their child’s father contributes to the child’s financial needs and well-being, but it can be just as important for unmarried fathers who want to secure the rights to be a part of their child’s life. If you are an unmarried father seeking legal paternity, a family law attorney can guide you through the process.

What Are the Benefits of Establishing Paternity?

Establishing legal paternity is often crucial for children because it allows them to receive support from both parents in the form of child support payments, health insurance coverage, access to family medical history, Social Security benefits, inheritances, and more. For fathers, legal paternity means they can pursue custody and visitation, contribute to parenting plan agreements, and be notified if a child’s mother wishes to place him or her for adoption.

According to the Center for Disease Control, alcohol contributes to the deaths of over 4,000 people below the age of 21 every year, with more than 1,500 of those involving car accidents. To promote the safety of young people, Wisconsin law specifies the consequences for a variety of underage drinking offenses, including driving and drinking. If you have been arrested for underage DUI, you need an attorney who can help you understand your rights and ensure that you are treated fairly.

Penalties Under Wisconsin’s “Not a Drop” Law

Underage drivers are subject to more stringent restrictions than drivers over the age of 21 because of Wisconsin’s absolute sobriety, or “Not a Drop,” policy. If you are underage, you may be arrested if you are found to have a blood alcohol concentration (BAC) of 0.00 to 0.08, a range that is within the legal limit for drivers of a legal drinking age.

Certain circumstances have the potential to increase your penalties. For example, if you are arrested under the absolute sobriety law when another person under the age of 16 is in your car, your license can be suspended for up to six months. If you refuse a BAC test, or if your BAC is above 0.08, you may face similar penalties to adult drivers. If you injure or kill another person while driving under the influence, you can face the more serious penalties for injury by intoxicated use of a vehicle.

By Attorney Chris Strohbehn

According to the Wisconsin Department of Transportation, large trucks are involved in more than 7,000 accidents, 2,000 injuries, and 70 fatalities throughout the state each year. Semi-truck accidents are particularly dangerous because of the size and weight of the vehicles, and in most cases, the occupants of other vehicles bear the brunt of the impact. These accidents happen for a variety of reasons, but one that can be challenging for an injured person to deal with is loose or unsecured cargo. If you have been injured in a truck accident, an attorney can help you determine who was responsible and seek compensation.

How Unsecured Cargo Can Cause an Accident

In order for a truck driver to safely operate their vehicle, the weight of the cargo must be properly distributed across all axles. If the cargo has been improperly loaded, or if it shifts in transit because it was not fully secured, the driver may lose traction or control and collide with other vehicles. In some cases, the movement of heavy cargo can even cause the truck to topple and cause a rollover accident. In others, loose cargo can fall off the truck entirely and into the roadway, landing on other vehicles or in their paths, giving drivers no time to avoid it.