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When Can a Wisconsin Court Rule That a Prenup Is Invalid?

 Posted on May 21, 2024 in Family Law

Milwaukee, WI prenuptial agreement lawyerPrenuptial agreements, commonly referred to as "prenups," are legal agreements that couples may enter into before marriage. A prenup may protect assets belonging to either spouse and determine how certain issues will be handled if the couple chooses to get a divorce.

While these agreements can be valuable tools for protecting the interests of both parties, there are circumstances under which a court in Wisconsin may declare that a prenup is invalid. Understanding these circumstances is essential to anyone who is considering writing a prenup or anyone who already has a prenup and is considering divorce. An experienced Milwaukee family law attorney can provide guidance on how to ensure that the agreement will be enforceable.

Understanding Prenuptial Agreements

Under Wisconsin law, prenuptial agreements are known as marital property agreements. These agreements can clarify the financial rights and responsibilities of each party during marriage. A prenup will typically cover issues such as the rights of each party concerning different assets and the division of marital property in a divorce. It may also make decisions about spousal support, inheritance rights, and other financial concerns. The enforceability of a prenuptial agreement will often depend on whether specific legal criteria were met at the time the agreement was signed.

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Is Distributing Drug Paraphernalia a Crime in Wisconsin?

 Posted on May 10, 2024 in Criminal Defense

Wisconsin Criminal LawyerPeople who are accused of possessing or distributing drugs will often face criminal charges related to these substances. However, there are some cases when criminal charges may also apply to items that are related to drugs, even if no drugs are found. 

Under Wisconsin law, the possession of drug paraphernalia is a criminal offense, and more serious charges usually apply if a person is accused of selling or distributing paraphernalia to others. Understanding what constitutes drug paraphernalia and the implications of distributing these items is crucial for those who may face these types of charges. 

An experienced attorney can provide legal help for those who are facing charges related to drug paraphernalia, offering guidance on the best defense strategies that may limit the consequences.

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Will I Be Required to Pay Alimony After My Divorce in Wisconsin?

 Posted on May 06, 2024 in Divorce

Milwaukee, WI alimony lawyerGetting a divorce is likely to be a challenging process, and as you prepare for the end of your marriage, you may face both emotional and financial uncertainties. One concern you may have is whether you will be required to pay alimony, which is also known as spousal support, spousal maintenance, or simply as “maintenance.” Understanding the factors that influence maintenance decisions in Wisconsin can help you prepare for what lies ahead. As you address this issue and other legal and financial concerns, it is crucial to work with a compassionate, experienced family law attorney who can provide you with guidance and assist you in completing the divorce process successfully.

What Factors Affect Maintenance in Wisconsin?

During a divorce, maintenance may be awarded based on a set of specific factors intended to determine whether a spouse will need financial support to maintain his or her standard of living. Some of the key elements that Wisconsin courts will consider when determining whether spousal support is appropriate in your case include:

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When Are Drug Treatment Alternatives and Diversion Programs Available for Wisconsin Drug Crimes?

 Posted on May 01, 2024 in Drug Crimes

Milwaukee, WI drug crimes defense lawyersIn many cases, people who are charged with drug crimes struggle with addiction, and they could benefit from treatment rather than penalties such as incarceration. The state of Wisconsin has recognized the impact of substance abuse on people and communities, and in some cases, it provides alternative sentencing options that will allow alleged offenders to receive treatment for drug addiction while avoiding criminal convictions.

Wisconsin has implemented Treatment Alternatives and Diversion (TAD) programs that aim to rehabilitate rather than punish, offering certain people charged with offenses such as drug possession the opportunity to complete treatment and specified conditions in lieu of the charges against them  reduced to a lesser charge or dismissed. An attorney who has experience representing people facing drug charges can provide guidance on what treatment alternatives and diversion options may be available.

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How Can Business Litigation Address a Breach of Fiduciary Duty?

 Posted on April 26, 2024 in Commercial Litigation

Milwaukee, WI commercial litigation lawyerWhen two or more parties have a business relationship, they must trust each other with responsibilities tied to their mutual benefit. This trust is not just foundational; it is also legally binding under what is known as fiduciary duty.

Breaches of fiduciary duty can lead to operational disruption, as well as substantial financial losses. A business that has been harmed due to this type of breach will need to understand its options for addressing the issue through business litigation or other means. An experienced business law attorney can help business owners or other parties navigate these complex legal waters, ensuring that breaches are addressed properly.

Understanding Fiduciary Duty

Fiduciary duty represents a legal obligation of one party (the fiduciary) to act in the best interest of another (the principal). This duty may apply in many business relationships, including between business partners, between company directors and shareholders, and in relationships involving trusts and estates. The key elements of fiduciary duty include:

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What Are the Penalties for Robbery or Carjacking in Wisconsin?

 Posted on April 24, 2024 in Theft

Milwaukee, WI criminal defense lawyerThere are a variety of different ways to classify crimes. For example, property crimes generally involve accusations of theft or claims that someone has taken or destroyed property belonging to someone else. Violent crimes involve accusations that a person has caused harm to others or threatened to do so. However, some offenses may fall under more than one category. Robbery is one such crime, since it involves both the theft of property and the use or threat of violence. 

Anyone who has been accused of committing robbery or the related offense of carjacking will need to understand the potential penalties they may face and their options for defense. An experienced attorney can provide invaluable guidance in these situations, representing those who have been accused and helping them navigate through the complexities of their cases.

What Is Robbery?

Robbery is a serious crime in Wisconsin. It is defined under state law as the act of taking property from someone through force. This crime generally involves the use of physical strength to overcome resistance or the threat of using force or inflicting harm in order to take property directly from another person against their will. 

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6 Tips for Sharing Child Custody Effectively

 Posted on April 16, 2024 in Family Law

Milwaukee, WI parenting plan lawyersWhen parents go through a divorce, some of the most crucial issues they will need to address will be related to child custody. Most of the time, parents will have shared or joint custody of their kids, giving them both the right to be involved in major parenting decisions and ensuring that they will each have sufficient time with their children. However, sharing child custody is not just about adhering to a legal agreement; it is about ensuring that children's best interests are at the heart of every decision made by parents. 

Working together amicably can be challenging for divorced parents, but with the right approach, they can create a positive environment for their children. By emphasizing cooperation and prioritizing children's needs, parents can make sure their children’s ongoing needs will be met, and they can promote healthy relationships and provide children with the tools for success. Representation from an experienced attorney can ensure that a parenting plan will be put in place that will provide for children’s best interests.

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How Can University Students Defend Against Expulsion?

 Posted on April 09, 2024 in College Student Representation

Milwaukee, WI university student defense attorneyDisciplinary proceedings that could potentially lead to expulsion can be a daunting experience for any university student. Higher education is pivotal to pursuing many opportunities and career goals, and expulsion could threaten a person’s future. Understanding how to navigate such a situation is crucial. With legal representation from an experienced attorney, a student can defend against expulsion and ensure that his or her rights and interests are upheld throughout the disciplinary process.

Understanding University Disciplinary Hearings

Disciplinary hearings may be conducted to address alleged violations of campus policies or codes of conduct. These proceedings can be complex and intimidating, with outcomes that can significantly impact a student's academic and professional future. Some common reasons why students may face disciplinary action include:

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How Does Wisconsin Law Address Organized Retail Crime?

 Posted on April 05, 2024 in Criminal Defense

Milwaukee, WI retail theft defense lawyerIn recent years, “organized retail crime” has been an area of concern for businesses and police agencies throughout the United States. This form of theft usually involves coordinated efforts by multiple people to steal from stores and resell stolen merchandise, often on the internet. The state of Wisconsin has taken steps to address this crime, and people who are accused of organized retail theft may face felony charges, even in situations involving small amounts of money or property. Following an arrest for retail theft or other related crimes, it is crucial to have representation from an experienced attorney who can help determine the best defense strategy for your case.

Defining Organized Retail Crime

Organized retail crime (ORC) involves two or more people who work together to steal retail merchandise in large amounts. This offense is often more serious than shoplifting, since it may involve complex operations in which stolen goods are sold through online marketplaces or other methods.

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3 Examples of How Child Support May Be Calculated in Wisconsin

 Posted on April 02, 2024 in Family Law

Milwaukee, WI child support lawyerFor parents who are involved in family law cases, child support is likely to be a crucial issue that will need to be addressed. Child support ensures that children’s ongoing needs will be met. Payments made by one parent to the other may be used to cover regular expenses, including food and clothing, as well as housing expenses such as rent and utilities. Additional expenses may also be addressed, such as those related to education, activities, medical care, and childcare that will allow a parent to maintain employment.

Understanding the various factors that may affect child support is not always easy, and the assistance of an experienced attorney will often be necessary to ensure that the amount of payments will be calculated correctly. While Wisconsin law provides a fairly simple method of calculating child support based on a percentage of the paying parent’s income, there are many situations where additional calculations may be necessary.

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