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Recent Blog Posts
3 Things to Consider When Negotiating a Divorce Settlement
When married couples decide to divorce in Wisconsin, a variety of legal requirements must be met to finalize the dissolution of marriage. While many of the outstanding issues that must be resolved can be settled in court through litigation, spouses are more often able to reach an agreement through negotiation or mediation.
As spouses work to negotiate a settlement in their divorce, they must be sure they understand and address the following issues:
1. Division of assets and debts - Wisconsin is a community property state, which means that the property a couple owns and the debts they are responsible for will be divided equally between the spouses during divorce. However, this division can become complicated, especially when considering factors such as the value of different types of property (including real estate, investment and retirement accounts, and closely held businesses), the tax consequences of property division, the spouses’ earning ability, and the value of assets that are not considered communal property. Spouses should take steps to fully understand the implications of the decisions made regarding the division of property, thus making sure that they will have the financial resources needed following divorce.
Possible New State Regulations for Carbon Monoxide Detection
Carbon monoxide is a common by-product of combustion, and it is produced by automobile engines, fireplaces, stoves, grills, and furnaces. Unfortunately, this colorless, odorless gas is a serious threat to public safety. Across the United States, more than 500 people are killed and 10,000 people are injured by carbon monoxide poisoning every year.
In order to address the dangers of carbon monoxide, the Wisconsin Assembly recently introduced a bill which would change the requirements for carbon monoxide detectors in residential buildings. Owners of commercial real estate should be sure they understand these possible changes and are prepared to meet these requirements if the bill passes.
Updated Carbon Monoxide Detection Requirements
Assembly Bill 904 affects residential buildings, which are defined as “public buildings, other than hospitals and nursing homes, that are used for sleeping or lodging purposes.” The bill would bring Wisconsin law in line with the standards provided by the International Building Code and would require the owners of establishments such as hotels, motels, and bed and breakfasts to install carbon monoxide detectors in the following locations:
Young Parents and the Importance of Establishing Paternity
All children have the right to receive support from both of their parents. When a child is born to unmarried parents, however, it is thus necessary to legally establish the child’s paternity. Doing so allows a child’s custodial parent to receive financial support from the other parent and provides both parents with rights to share in custody and visitation of their children. Moreover, the establishment of paternity gives children rights to inherit their parent’s assets, to access family health history, and to receive insurance or Social Security benefits.
In many cases, establishing paternity is a straightforward process. However, when one or both parents are under the age of 18, complications can arise.
Establishing Paternity for Minor Parents
The easiest way to establish paternity is for both parents to sign a Voluntary Paternity Acknowledgment form after a child is born. However, Wisconsin law states that minors may not sign statements acknowledging paternity. Therefore, paternity must be established either through a court ruling, or, if the parents get married after the child is born, by signing an Acknowledgment of Marital Child form.
Can the US Government Regulate Bitcoin and Other Cryptocurrencies?
By: Kenneth Baker & Jason Luczak
If you haven’t heard of Bitcoin by now, you haven’t been paying attention. Bitcoin and other cryptocurrencies such as Litecoin, Ethereum, and Ripple have dominated headlines for the past six months. Cryptocurrencies are digital assets designed to work as a medium of exchange that uses cryptography to secure its transactions, to control the creation of additional units, and to verify the transfer of assets. What does that mean? Basically, it is a computer generated asset that is capable of being bought and sold. There is a finite number of Bitcoins, which creates demand, and therefore creates value for the crypto-asset. The Blockchain is what secures the cryptocurrency. Blockchain technology is a public ledger that tracks Bitcoin transactions. Every second, millions of people are buying and selling Bitcoin. Every transaction has a specific transaction code and is part of the Bitcoin Blockchain. This procedure creates a record of authenticity that is verifiable by a user community, increasing transparency and reducing fraud. This is where miners come in.
How an Attorney Can Assist With Residential Transactions and Offers to Purchase Real Estate in Wisconsin
Whether you are selling your home, or thinking about buying a new home, you should consult with an experienced Wisconsin real estate attorney before you sign a residential offer to purchase. When a buyer makes an offer to purchase a home, and the seller accepts the offer, both parties typically sign a residential offer to purchase. The offer to purchase then becomes an enforceable contract. As a contract, the offer to purchase is the key document that governs the real estate transaction. Both parties are bound by its terms as they work towards completing home sale or purchase.
In order to ensure that the offer to purchase protects the parties’ rights and interests, and details the parties’ intentions, it is essential to consult with an attorney who can advise you and draft the offer to purchase in your favor. Some considerations for the offer to purchase include:
Common Car Accidents Caused By Winter Weather
Winter in the Midwest brings bitter cold and a great deal of snow and ice. While these conditions are often seen as an inconvenience, they can have a major impact on roadway safety. Every year, winter car accidents lead to more than 1,300 deaths and 116,000 injuries across the United States. People should be aware of the potential for accidents that can result from the following causes.
Slippery Roads
Snow and ice on the road can create a major hazard for drivers, affecting their ability to slow down, stop properly, and negotiate turns and hills. “Black ice,” which results when a thin layer of water freezes on the road, can be especially dangerous, since it is difficult to recognize and can lead to a complete loss of control of a driver’s vehicle.
Slick roads can lead to the following accidents:
Compensation for People Who Have Been Wrongfully Imprisoned
When a person is accused of a crime in the United States, he or she is presumed innocent until proven guilty—our legal system is meant to protect the innocent. However, all too often, miscarriages of justice occur, and people are convicted of crimes they did not commit.
When someone is wrongfully imprisoned and he or she is later exonerated, the individual deserves to be compensated for the time he or she was incarcerated. Unfortunately, the amount of compensation that exonerees are eligible to receive is often inadequate.
Compensation for Exonerees in Wisconsin
Under current Wisconsin law, a person who was convicted of a crime and served a prison sentence but was later found to be innocent can petition the state claims board for relief. However, the amount of compensation he or she can receive is limited to $5,000 per year of imprisonment and a total of $25,000. This statutory compensation cap is the lowest of any state in the United States.
Proposed Wisconsin Legislation Will Expand Texting While Driving Law
By: Kenneth John Anthony Baker
In August, the Wisconsin Assembly proposed new legislation that will expand on current texting while driving laws. Under current law, it is illegal for a person to engage in certain activities while driving a motor vehicle. One of the activities prohibited by the inattentive driving statute is driving any motor vehicle “while composing or sending an electronic text message. This prohibition on texting and emailing while driving does not apply to operators of emergency vehicles and hands-free devices. The authors of the bill list three main reasons the bill is necessary:
- Data distracted driving is a serious problem;
- Wisconsin law needs an update to keep pace with smart phone technology; and
- Wisconsin’s penalties are now out of step with neighboring states.
Filing a Divorce Petition and Response in Wisconsin
People get divorced every day. Yet despite the practice being common in the United States, many people are unfamiliar with the steps that must be followed and the legal obligations that must be met.
If you are considering divorce , the first step you will need to take is to file a petition for divorce. If your spouse has filed a petition for divorce, you will need to file a response. Consider the following procedures for completing these initial steps of the divorce process in Wisconsin.
File a Petition for Divorce
In Wisconsin, spouses may file for divorce either jointly or separately, and the forms which must be filed differ depending on whether they have minor children or not. If spouses file together, they will file either a Joint Petition With Minor Children or a Joint Petition Without Minor Children.
If spouses agree on issues such as property division, child custody, child support, and spousal maintenance, they can file a Stipulation for Temporary Order. If they do not agree on any or all of these issues, however, they can file an Affidavit to Show Cause and Request or Hearing for Temporary Order, which asks for a hearing to make a temporary decision for how these matters will be handled while the divorce is pending.
Medical License Concerns When Investigated by the Wisconsin Medical Examining Board
As a doctor, nurse, or other medical professional, you have worked hard to obtain the professional license that allows you to practice medicine. After putting in years of work to achieve the required education and training, a threat to your license can endanger your career and your ability to earn an income. When you are facing a disciplinary investigation, it is important to understand your rights as you work to defend your medical license.
The Department of Safety and Professional Services governs professional licenses in Wisconsin, and the Medical Examining Board (MEB) is tasked with investigating and reviewing complaints against medical professionals. If you are being investigated by the MEB, it is important to understand the legal ramifications of the decisions you make.
Your Rights in a MEB Investigation
During an investigation, medical professionals are required to cooperate with investigators, providing them with requested information in a truthful and timely manner. Purposefully engaging in fraud, misrepresentation, or dishonesty is considered unprofessional conduct. Moreover, failing to cooperate could lead to consequences even if the original complaint is found to be without merit. Notably, unlike in a criminal case, a person being investigated by the MEB does not have the right to remain silent. In addition, investigators may require a person under investigation to undergo an examination of his or her physical, mental, or professional competency.
