By:  Attorney Megan Drury and Paralegal Ali Jaeger

Anyone going through a divorce will need to address multiple issues related to their finances and the property they own. When dividing marital property, a couple will need to consider all of the assets and debts they acquired during their marriage. One of the most important of these assets is the couple’s marital home. Real estate can be a significant investment, and each spouse will want to make sure they receive an equitable share of their home’s equity. The home will likely have sentimental value for both parties as well, and resolving disputes about ownership of the home can sometimes be difficult. 

Property Division Options Related to the Marital Home

In many cases, it will be necessary to perform an appraisal of a couple’s home during the divorce process. This will establish the current market value of the home, and a couple can determine the value of the equity they own based on the mortgage payments that have been made during their marriage and the amount remaining on the loan. This may also provide them with an understanding of the purchase price they will most likely be able to receive if they choose to sell the home.

By: Attorney Kristen Nelson and Paralegal Rachel Sweet

A number of professions require people to obtain licenses before they can work in that field. Obtaining a professional license can be a complex process, and a person will usually need to provide documentation of education or training, and they may need to meet other requirements, such as having a certain amount of experience. Depending on the profession, there may be some issues that could affect a person’s ability to obtain a license, including certain types of criminal convictions. Those who have worked in certain professions in the past or who wish to become licensed professionals may need to address felony convictions, and they can do so with the help of a professional license defense attorney.

When Do Felony Convictions Disqualify a Person From Receiving a Professional License?

Under Wisconsin law (Wis. Stat. § 111.335), professional licensing boards are generally allowed to refuse to issue a professional license to a person who has been convicted of a felony, misdemeanor, or other offense that is related to the specific profession. In addition, the law states that denial of a license or refusal to employ a person because of a felony conviction is not considered discrimination. 

By: Attorney Jason Luczak

Law enforcement officials take drug charges very seriously. Those who are accused of possessing, selling, distributing, or transporting controlled substances may face a variety of criminal charges. The severity of these charges can vary depending on whether a person is charged with an offense at the state or federal level. In many cases, federal charges are more serious, and a conviction may result in very large fines, a lengthy prison sentence, and other consequences.

Wisconsin residents and visitors to the state can enjoy many outdoor activities during the summer, including riding ATVs on trails in state parks or on private property. While this can be a great form of recreation, it can also be dangerous, and multiple types of accidents involving ATVs can occur. In fact, there have been nine fatal ATV accidents in Wisconsin so far in 2022. Following these types of accidents, injury victims or the surviving family members of those who were killed will need to determine who was responsible, and they may be able to pursue financial compensation from negligent parties who were liable for an injury.

Causes of ATV Accidents

In some cases, ATV riders may be injured due to their own errors or negligence, such as by taking unnecessary risks or failing to follow the proper safety procedures. However, there are a variety of situations where other parties may be partially or fully responsible for an accident. Victims of ATV accidents may be able to pursue compensation in situations involving:

• Dangerous trails - ATV riders who are using trails on public land or private property may expect these trails to be safe, but there may be hazards that could put them at risk. If riders were not warned about potential dangers, or if hazards were not corrected, a property owner may be liable for injuries that occur as a result.

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By Attorney Kristen N. Nelson

In the State of Wisconsin, doctors, nurses, and other healthcare professionals are required to fulfill high standards of knowledge, skill, and professional and personal conduct in order to achieve and maintain their license to practice. A professional may be at risk of losing their license for a variety of disciplinary reasons, but one of the most serious threats to a healthcare professional’s license and career is the possibility of a conviction for criminal charges. If you are under investigation, or if you have been charged with a crime, it is crucial to have a skilled attorney who can help you avoid both criminal and professional penalties.

When Can a Conviction Result in Professional License Discipline?

According to Wisconsin law, both the Department of Safety and Professional Services (DSPS) and specific licensing boards have the authority to deny or revoke a professional license from a person who has been convicted of any crime or offense that is related to the practice of their profession. This can include both felonies and misdemeanors. Additionally, some licensing boards have standards in place to discipline professionals who are convicted on charges that are not necessarily directly related to their practice.

By: Attorney Megan Drury

There are a variety of financial issues that will need to be addressed during a divorce, and in some cases, one spouse may be asked to provide financial support to the other. Spousal support is not an issue that will factor into every divorce case, but it may be necessary in situations where the income earned by one spouse was used to cover most or all of the family’s living expenses. Decisions about spousal maintenance or alimony are based on the circumstances of the parties at the time of the divorce. However, these circumstances can change, and when a person who pays spousal support experiences issues that affect their ability to continue making these payments, they may be able to request a modification of their obligations.

Spousal Maintenance Modifications

The purpose of spousal support is to ensure that both parties will be able to maintain the standard of living they enjoyed during their marriage. When determining whether maintenance will be needed and the amount that will be paid, multiple factors may be considered, including each party’s level of education and work experience, the amount of time they were married, the division of marital property, and the age and physical and mental health of the spouses. 

By: Attorney Jason Luczak

There are different types of offenses that are considered to be white collar crimes, and these offenses usually involve illegal activity of a financial nature. Embezzlement is a common charge in white collar criminal cases, and those who have been accused of this offense will need to understand the nature of the charges and the potential consequences of a conviction. Anyone who has been accused of a crime will want to secure legal representation from a criminal defense attorney who has experience handling these types of cases and who can help build a solid, effective defense strategy. 

Understanding Embezzlement

Embezzlement is a form of theft or fraud committed by someone who was entrusted with the management or control of someone else’s money or property. Typically, embezzlement will involve an employee stealing money or otherwise misappropriating property from their employer. Multiple types of actions may fall under this category, including:

By: Attorney Megan Drury

In divorce and family law cases, parents may need to address a variety of issues related to child custody. While there are some cases where parents may agree on how custody of their children will be handled, disputes often arise between parents, and it can be difficult to determine the best ways to resolve these issues. In some cases, a guardian ad litem may be appointed. Parents will need to understand the role this person will play in their case and the best steps they can take to protect their parental rights and ensure that they will be able to provide for their children’s best interests.

What Is a Guardian Ad Litem?

When parents disagree about how to handle child custody, it can be difficult for a judge to determine how to make decisions that will protect children’s best interests. The parents and their attorneys may make arguments based on their desires, their claims of what has happened in the past, and their individual beliefs about what is best for their children. However, evaluating the accuracy of parents’ claims, understanding the biases they bring to a case, and determining how emotions may color parents’ attitudes is not always easy. To more fully evaluate the situation, a judge may seek help from other parties.

Motorcycle riders face serious dangers as a result of sharing the road with cars, trucks, and other vehicles. A motorcycle crash can cause a wide range of severe injuries, and in many situations, it is the negligence of drivers in other vehicles that causes injuries to riders. However, whether or not the rider was wearing a helmet is often a point of contention in motorcycle accident cases. In cases such as these, it is important for motorcycle crash victims to work closely with an experienced personal injury who will work hard to hold the negligent driver fully accountable for the injuries he or she caused.

Helmet Laws in Wisconsin

In the state of Wisconsin, all motorcycle riders and passengers are strongly encouraged to wear helmets and other protective gear while riding. Fully-licensed riders who are 18 years old or older are not required by law to wear a helmet on Wisconsin roadways. A rider who is under age 18 must wear a helmet. A helmet is also required for any person riding with a motorcycle instruction permit. All riders, regardless of helmet use, are required to wear eye protection unless the motorcycle’s windshield meets the height requirement set by Wisconsin law.

Determining Liability for a Crash Where the Rider Was Helmetless

While there may be exceptions, a rider’s choice to forgo a helmet generally does not factor into determining which party was at-fault for causing a motorcycle crash. In fact, it is explicitly stated in Wisconsin law that evidence pertaining to whether a rider was wearing a helmet or not is not to be considered in a personal injury action. A driver who acted in a negligent manner, such as by running a red light or texting while driving, cannot argue that the crash would have been avoided if the rider had a helmet on.

Driving a vehicle after drinking alcohol is known to be dangerous, and drivers who have a certain level of alcohol in their system may be arrested for the offense of operating while intoxicated (OWI). However, some drivers may be uncertain about how the laws in Wisconsin address driving after using recreational drugs or other controlled substances. Are there certain levels of drugs that cause a person to be considered intoxicated? What about legal prescription drugs or other medications? Understanding how the laws address these issues can help a person avoid activities that could cause them to face criminal charges or other consequences that come with being arrested for OWI.

Wisconsin’s Definition of Impaired Driving

As is true in most other states, the legal limit for a driver’s blood alcohol content (BAC) in Wisconsin is .08 percent. A person will usually reach this BAC level after two or three alcoholic drinks. Even if they do not feel intoxicated or believe that they are safe to drive, they can face criminal charges if they are arrested and submit to a chemical BAC test that shows that they are over the legal limit. 

When it comes to other substances, the definition of intoxication is not always as clear. Different drugs can affect different people in different ways, especially if a person has built up a tolerance to a certain substance that requires them to use higher amounts of a drug before they experience a “high.” Because of this, measuring a person’s level of intoxication is not always easy.