MBA LRIS E- vice

Q: Do I have to wait 120 days to get a divorce? Can my divorce be finalized sooner?

2012-02-29T08:11:00.001-08:00

A: The law in Wisconsin requires that parties wait 120 days after they have filed for divorce before their divorce is granted. An individual who wishes to have his or her divorce finalized prior to waiting the mandatory 120 days would have to prove that he or she has an exceptional reason to have it finalized early. One exceptional reason could be that the individual is on active duty in the military and deploying out of the country soon. The Court would have to review the request and make a determination as to whether an exceptional reason exists to grant the divorce early.

Q: Is an employer required to pay unused vacation time upon resignation or termination?

2012-02-16T12:33:00.000-08:00

A fairly common question people have when their employment concludes is what happens with their unused, accrued vacation time. The answer is: it depends.

In Wisconsin, like most every other state, the rule is that unused vacation time is to be paid out upon separation of employment UNLESS the employer's policy says it will not be paid out. For example, an employer may have a policy (usually stated in the employee handbook) that states unused vacation pay will not be paid out if an employee quits without giving proper 2-week notice or they may have a policy that doesn't pay accrued vacation time is the employee is terminated for cause.

If you believe you are owed vacation time at the end of your employment, first consult with the employee handbook, and if you still believe you are owed vacation time pay, you may consult with a local employment attorney who can assess whether a complaint with the Wisconsin Department of Workforce Development is appropriate.

Q. If you receive a citation for an automobile accident but you don’t believe it was your fault, should you contest the ticket?

2012-01-24T12:12:00.000-08:00

A.If you are involved in an automobile accident and receive a citation, but you don’t believe the accident was your fault should you contest the ticket?

A. Ultimately, the decision is yours. Some questions to consider are: What are your chances of success if you do contest it? How much will it cost you? Will you lose your driving privileges? A lawyer can help you assess your situation.

If you decide to contest the citation, you are entitled to a trial. If the case is to be resolved in municipal court, a judge will decide the matter. If the case is to be resolved in circuit court, a judge also will resolve it, unless you immediately request a jury and pay the required fee.

If you decide that you do not want to contest the citation, and if someone else’s person or property was injured as a result of the accident, you should plead “no contest” rather than “guilty.” A no contest plea, unlike a guilty plea, can’t be used against you later in a lawsuit.

Q. Do I have to go to court if I don't want to sign over my parental rights?

2012-01-13T09:39:00.000-08:00

A. You can sign a waiver form that would be part of a termination proceeding (filed by the other parent) and adoption (typically) if this would be a step-parent type adoption. If this is signed and notarized, you would not need to appear in court.

Q. How do I begin to file for divorce?

2011-12-20T13:27:00.000-08:00

A. You could start with a legal separation and if you or your spouse want to later convert it to a divorce (or dismiss it), it is a simple change. Separation papers have, for the most part, the same procedures and such as divorce papers.

Q. Can a man be ordered child support if he never signed a birth certificate if we were married?

2011-10-25T12:27:00.001-07:00

A. If he was married at the time, and then later divorced, listing the children as theirs, then they are presumed to be his, and his legal obligation to support. The birth certificate does not control. He is entitled to have his name added to it. If there are other circumstances/facts, then he should consult with an attorney to discuss any potential options he may have.

Q. Can financial information be withheld at a child support hearing?

2011-09-22T11:30:00.001-07:00

A. You would need to bring it or face possible contempt of court. Generally financials are sealed or, if originals, returned to the parties.

Q. How can I change my child’s last name?

2011-09-07T14:22:00.001-07:00

A. The first step is to fill out a "Petition for Name Change for a Minor Child under 14" form. When the form is completed you must file the form with the Clerk of Circuit Court. You will then need to publish the notice in a qualified newspaper, as required under Wisconsin law. In addition, if your child’s other parent has parental rights (you are divorced from the other parent or paternity has been adjudged and that parent’s parental rights have not been terminated) you must have the other parent served with a copy of the notice and the petition. The other parent does have a right to contest the name change and may do so by answering the petition and or appearing at the court hearing. At the court hearing the court will either grant or deny the name change. If the other parent is contesting, you will have to show the court that the name change is in the child’s best interest. If the other parent chooses not to object, you will most likely be granted the name change for your child. If the other parent does not appear or answer the petition and proof of service is shown, the court is allowed to proceed with the hearing and will most likely grant the petition.

Q: Can I move with my children after a divorce?

2011-08-16T11:20:00.000-07:00

A: If you will be moving with the children more than 150 miles away from the other parent, you are required to provide notice. There are specific requirements on when and how notice must be provided. Once notice is given, the other parent may object to your move. If there is an objection, the issue will be decided by a court prior to your move. The court may order you and the other parent to mediation and appoint a Guardian ad Litem.

Q: How does someone get temporary custody before the court date?

2011-07-26T10:14:00.000-07:00

A: You need to request a temporary hearing. There is a form called Order to Show Cause that is used to request a temporary hearing. The hearing will cover custody, placement, support and sometimes payment of bills pending the final divorce.

Q: How do I request a different judge?

2011-06-24T13:32:00.000-07:00

A: If you are charged with a crime or forced to defend yourself against a lawsuit, you must find out as much about the judge hearing the case as you can. Google is a an excellent place to start searching for information. During your research you may uncover information that you feel is harmful to your case. Your next move, if available, is to remove the judge. This is called judicial substitution. Wisconsin allow liberal substitution of judges in almost all cases. In criminal cases Wis. Stat. § 971.20 allows one judicial substitution without cause. The policy underlying Wis. Stat. § 971.20 allows a party, for any reason or no reason, to have a judge assigned to the case removed via substitution.

In every type of case, a party may, if done in a timely manner, file a motion to substitute for a new judge. The right to substitute exists in every type of case and there are statutes which provide for the specific procedure. If the party follows the proper procedure for requesting a substitution of judge, the substitution is peremptory; no affidavit of prejudice or statement of grounds for the substitution is required. If timely made the request must be honored. State ex rel. Tarney v. McCormack, 99 Wis. 2s 220, 236 N.W. 2d 552 (1980).

Timing is important. Try to make the motion for substitution before the first hearing the sooner the better.

Employee Personnel File

2011-05-25T11:52:00.000-07:00

Q. Am I allowed to view my Employee File?

Health Insurance and Child Support.

2011-05-18T08:49:00.000-07:00

Who pays for health insurance and uninsured medical expenses, and how is it calculated into a child support order?

Free Legal Guidance!

2011-04-25T14:16:00.000-07:00

I have some legal questions but do not want to invest any money into a lawyer at this point until I know it is something worth moving forward. Where can I get some basic information for free?

Work Related Injuries

2011-04-22T09:05:00.001-07:00

Can my employer fire me after I sustain a work related injury?

Disability Claims

2011-03-24T08:01:00.000-07:00

I am 45 years old and have serious back pain, which caused me to lose my job. Why did the disability determination bureau deny my claim?

Weather conditions and job attendance

2011-02-24T07:58:00.000-08:00

Can I be fired for calling into work because of the snow/blizzard?

Social Networks and the Work Place

2011-02-16T12:40:00.000-08:00

Can I be fired because of what I write on Facebook?

Unemployment Compensation

2011-02-04T08:11:00.001-08:00

If I am fired from my job am I automatically disqualified from receiving unemployment compensation?

Statute of Limitations

2011-01-05T13:24:00.001-08:00

Q: What does the phrase Statute of Limitations mean?

Slip and Falls

2010-12-30T12:04:00.000-08:00

Slip and Fall on Ice on Sidewalk

The rule is when ice or snow has accumulated on a public sidewalk abutting a private property, the property owner owes no duty to passers-by either to clear the sidewalk or to scatter abrasive material thereon. A person may, however, incur liability for artificial conditions.

Persons often look to see whether grading and structures on the property, such as downspouts, are built in a usual or ordinary way or whether they are built in a way that causes accumulating and discharge runoff on a public sidewalk. If built in a usual and ordinary way then courts deem incidental drainage to be natural. Conversely, for example, if a person doesn’t properly repair a drainage system then an artificial condition exists when more water than normal accumulates. A runoff must result from human error.

Slip and Fall on Ice on Part of a Public Building

In the case of a slip and fall on a platform of a building, for example, a person would probably look to the safe place statute for relief. The safe place statute requires a building owner of a public building to keep the building maintained and in repair as to render it safe as the public building would reasonably permit. It would also make a difference how often the person came into the building over time and whether he/she was invited or not.

How Have Auto Insurance Regulations Changed?

2010-12-09T08:13:00.000-08:00

I heard that auto insurance is now required in Wisconsin, but what else has changed?

Do I have to testify in person?

2010-12-09T08:12:00.000-08:00

Q: If I need a witness for a court hearing, can I submit an affidavit from that witness in lieu of having him or her testify in person? If am am asked or subpoenaed to be a witness in court, can I submit my affidavit in lieu of testifying in person?

Determining Fault in Car Accidents

2010-11-16T07:46:00.000-08:00

Is it true that I am always at least 10 percent at fault for a car accident just because I was involved?

Common Law Marriage

2010-10-20T13:22:00.001-07:00

Does Common Law Marriage exist in Wisconsin?

Employment Law

2010-09-13T12:36:00.000-07:00

Q:What is wrongful termination?

Statute of Limitations

2010-08-25T08:44:00.000-07:00

What is the statute of limitations in an injury claim?

Estate Planning

2010-07-28T06:59:00.000-07:00

How often should I revise my will or other estate planning documents? When should I review my insurance portfolio?

2010-06-17T06:54:00.001-07:00

2010-06-16T13:05:00.001-07:00

I need a lawyer.