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Recent Blog Posts
When Will Use Variances Be Required for Building Permits?
In the process of obtaining building permits, business owners and real estate developers may encounter situations where they need to address special use variances with the Board of Zoning Appeals. Understanding when these variances are required is crucial to navigating the complex world of zoning and land use regulations. Because the procedures that must be followed when handling these types of appeals can be complicated, it is crucial for property owners and developers to work with an attorney who has experience in this area.
What Is a Use Variance?
A use variance is a permission granted by the local government that allows a business or entity to use property in a way that deviates from the standard zoning regulations. These deviations typically involve land uses that are prohibited within a particular zone but may still be compatible with surrounding properties.
Is Equal Property Division Required in a Wisconsin Divorce?
For any couple who is going through a divorce, one of the key issues that needs to be addressed is property and asset division. This is one of the primary financial concerns that will affect spouses. Decisions about property division will determine the financial resources available to each spouse, in consideration of establishing new living arrangements, covering bills and expenses, and addressing other needs. When contemplating issues related to property, spouses will need to understand the community property laws in Wisconsin and the factors a court considers when determining division of marital assets. An experienced divorce lawyer can provide guidance on how the laws may be applied in a specific situation. They can help negotiate a property settlement and address other related legal concerns.
How Can I Address Wasted or Destroyed Assets During My Divorce?
In a divorce, the division of assets is often one of the most contentious issues. All of the property a couple owns will need to be considered, and there needs to be a determination on who will be responsible for paying the debts the couple owes. As couples take steps to gain an understanding of their financial position, and make decisions about how assets and debts will be divided, one spouse may find that the other has wasted or destroyed assets. This can significantly impact the other spouse’s financial well-being, leaving them with limited resources or debts that need to be repaid.
When one spouse takes actions that reduce the value of the marital estate, this is known as “dissipation of assets.” It is important for spouses to understand how this issue will be addressed in a Wisconsin divorce. To make sure assets can be valued correctly, and that asset dissipation will be considered when dividing assets and debts, it is important to work with an attorney who has a strong understanding of these issues and who has experience helping clients address and resolve financial issues during the divorce process.
When Can an Employee Be Charged with Embezzlement?
By Attorneys Jason Luczak and Nicole Masnica
Embezzlement is a serious white collar crime that involves the misappropriation or theft of funds entrusted to someone's care. This offense can refer to situations where an employee is accused of stealing money or assets from their employer. In Wisconsin, embezzlement accusations can lead to charges of theft or other criminal offenses. Those who have been accused of embezzlement can work with an attorney to determine their best options for defense.
Criminal Charges for Employee Embezzlement
When an employee is accused of embezzlement, several types of criminal charges may be brought against them. The specific charges that may apply will depend on the circumstances of the alleged offense and the amount of money or the value of property that was allegedly stolen or misappropriated. Although Wisconsin does not explicitly name embezzlement as a crime in its statutes, some charges that may be related to embezzlement include:
How Does Wisconsin’s Implied Consent Law Affect OWI Cases?
If you have been arrested for operating a vehicle while intoxicated (OWI) in Wisconsin, it is important to understand the state's implied consent law and how it can impact your case. Under this law, drivers are required to submit to chemical testing if they are arrested for driving under the influence of alcohol or drugs, and they may face consequences if they refuse to do so. For anyone who has been arrested for drunk driving, it is crucial to secure legal representation from an attorney who can help defend against OWI charges and address license suspensions or other penalties related to chemical blood alcohol tests.
What Is Implied Consent?
Implied consent refers to the legal principle that drivers automatically give their consent to submit to chemical testing from a police officer, if suspected of drunk driving, by obtaining a driver’s license and operating a motor vehicle on public roads. In other words, when you get behind the wheel in Wisconsin, you implicitly agree to comply with requests from law enforcement officers for blood, breath, or urine testing.
9 Steps to Take When Preparing for Divorce
Getting a divorce can be a complex, difficult process. The strong emotions involved with the end of a marriage can be hard enough on their own, but they can be especially difficult when paired with financial issues and practical considerations related to living arrangements and parenting. Being prepared to address divorce-related issues can help make this process easier. If you are considering divorce in Wisconsin, it is important to understand the steps you can take to protect your interests as you prepare to separate from your spouse and dissolve your marriage. A skilled attorney can help you determine the best approach to take during your case.
As you prepare for divorce, you will want to:
Gather Important Documents
Before initiating the divorce process, it is important to gather all relevant financial documents such as bank statements, tax returns, pay stubs, mortgage information, credit card statements, and investment account statements. These documents will be crucial during property division negotiations.
What Are the Potential Outcomes of a Claim for Breach of Contract?
Litigation involving an alleged breach of contract can be complex. When one party fails to fulfill their obligations as outlined in a contract, this can lead to disputes, and the other party may take legal action to enforce the contract’s terms. For those who are involved in civil litigation related to contract disputes in Wisconsin, it is important to understand the options that may be available. An experienced attorney can provide legal representation in these cases, ensuring that issues related to contracts will be handled correctly. Depending on the specific facts of a case, available remedies for a breach of contract may include:
1. Specific Performance
In some breach of contract cases, the court may order the party who breached the contract to fulfill their obligations as originally agreed upon. Specific performance is typically granted when monetary damages would not adequately compensate the non-breaching party for the losses they suffered due to the breach or when the breaching party has the ability to fulfill the contract’s terms.
Is Arson a Felony Offense in Wisconsin?
Arson is a serious crime that involves intentionally setting fire to property. In the state of Wisconsin, arson is a felony offense. The severity of the charges and the potential penalties will depend on factors such as the extent of damage caused, whether there were any injuries or fatalities, and the intent behind the act. Anyone who has been accused of arson, property crimes, violent offenses, or other types of crimes can determine how to protect their rights by working with an experienced criminal defense attorney.
What Is Arson Under Wisconsin Law?
In Wisconsin, arson is defined under Chapter 943 of the state statutes. According to Section 943.02, a person commits arson if they intentionally damage a building through the use of fire or an explosion without the owner’s consent. The law also covers other forms of arson, including using a fire to damage personal property valued at over $100 (Section 943.03) and setting a fire with the intent to commit fraud against an insurance company (Section 943.04).
When Is Sole Custody an Option in Wisconsin Family Law Cases?
In Wisconsin, child custody cases can often be complex and emotionally charged. Parents will frequently encounter disputes over sharing custody of their children, including how they will make decisions about important issues. In some cases, a parent may believe that they should have sole custody of their children rather than sharing custody with the other parent. It is important to understand when sole custody may be considered as a viable option by the courts. A parent who is planning to seek sole custody can work with an attorney to determine how to address these issues.
What Is Sole Custody?
In Wisconsin, legal custody refers to the ability of a parent to make major decisions regarding the child, such as where the child will go to school, what doctor they will see, whether they can get a driver’s license, or what religion (if any) they might practice. Wisconsin statutes separately define physical placement, which involves how often a child will reside with one or both parents. Sole legal custody typically refers to a situation in which one parent has the responsibility for making major decisions.. The parent with sole legal custody will generally have the right to make all major decisions about the child's upbringing without consulting with or obtaining consent from the other parent.
What Are the Penalties for Auto Theft in Wisconsin?
Auto theft is a criminal offense that involves illegally taking or operating someone else's vehicle without their consent. In the state of Wisconsin, auto theft is usually charged as a felony offense, and it can lead to serious penalties for those who are convicted of this crime. If you or someone you know has been charged with auto theft in Milwaukee or other parts of Wisconsin, an experienced lawyer can help you understand the potential consequences and your options for defense.
Operating a Vehicle Without the Owner’s Consent
Under Wisconsin law, it is illegal to drive or operate a motor vehicle without receiving consent from the vehicle’s owner. A person who is accused of taking a vehicle and driving it without permission may face Class H felony charges for a first offense and Class F felony charges for a second offense. Taking and driving a commercial motor vehicle without consent may result in Class G felony charges.
