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Jean M. Kies's Answers
- 100 Legal Answers
- 1 Legal Guide
1
Attorney answers:
Divorce law in WI, chapter 802, procedure for responding within 20 days to divorce petition
When a party is served with divorce papers in Wisconsin, they have 20 days to file a written response with the court called "an answer". A copy of this document is also sent to the petitioner. In the answer, the party has the right to agree with the various allegations in the petition, deny the allegations, ask for relief, and/or file a counterclaim. For example, if there are minor children involved in this marriage, the petitioner might ask for sole custody and primary placement. If the...
8 people marked this answer as helpful
2
Attorney answers:
WI state divorce and legal separation laws, separating finance assets and liabilities without getting a divorce
Wisconsin Law allows parties to file for legal separation if "the marriage is broken" but not irretrievably broken. Many times, parties will file for legal separation for precisely the reason that you list, to undo finances but to maintain health insurance coverage. If the parties choose, they may move the court within a year after the entry of the legal separation order for a judgment of divorce. Just a caution, however, check with your medical insurance provider to determine whether a...
7 people marked this answer as helpful
1
Attorney answers:
Can a prenuptial agreement keep pre-existing separate debt separate
A prenuptial can be negotiated by the parties by their respective lawyers. Each of you must have separate lawyers to make the document enforceable. The prenuptial can segregate pre-marital debt and insulate the parties from eachother's pre-marital obligations. There is nothing in the law that says once all of the debts are paid in full that the parties can't tear up the prenuptial agreement or execute a document voiding it. In fact, your attorney may negotiate a clause in the prenuptial...
6 people marked this answer as helpful
3
Attorney answers:
Can I travel outside the U.S. if I owe back child support
If the Secretary of State receives a certification from a state child support agency that meets the requirements of 42 USC 654 (31) and that certification indicates a person owes $ 5000 or more in child support arrears, the Secretary of State may refuse to issue him or her a passport, or may revoke, restrict or limit the passport, hence limiting his or her ability to travel outside the U.S.
7 people marked this answer as helpful
2
Attorney answers:
Teen fleeing an officer
Your son is facing an adult court felony conviction, not a juvenile adjudication, if found guilty of fleeing an officer. Fleeing an officer is part of the Wisconsin Traff Code. See, Wis. Stats. Sec. 346.04. Wisconsin Statutes Section 938.17(1) provides that in traffic proceedings against juveniles who are 16 years of age or older, adult criminal courts have jurisdiction, not juvenile courts. The statute says: "A juvenile charged with a traffic, boating, snowmobile, or all-terrain vehicle...
3 people marked this answer as helpful
1
Attorney answers:
Will a disorderly conduct charge prevent me from owning a firearm?
If you are correct that your charges were resolved as ordinance violations Wisconsin law does not prohibit you from possessing a firearm. In Wisconsin, so far, only felony convictions disable your right to possess a firearm. But wait - you didn't mention whether you were the subject of a domestic abuse restraining order - which under Wisconsin law might, and under federal law, 18 USC 922g, would, curtail your right to possess a firearm. And under federal law even a state misdemeanor domestic...
2 people marked this answer as helpful
2
Attorney answers:
What type of crime is underage drinking in wisconsin
Underage drinking is a civil matter, not a crime.
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2
Attorney answers:
I am separated from my husband, and I want to move to another state, but he is totally against.
In Wisconsin, a parent may not interfere with child custody. That is a felony. However, the situation that you present is one where there are no orders granting either parent custody. I would not advise you to leave the state without a court order allowing for that move. Hire counsel to help you with this because usually the family courts in Wisconsin will not allow a parent to move more than 100 miles from the other parent to insure that the child will see both parents. The court may make...
1 lawyer agreed with this answer
3
Attorney answers:
I have court today for disorderly domestic do i need an attorney
Sometimes in Wisconsin, Disorderly Conduct is a municipal citation that merely carries a fine. However, if your disorderly conduct charge is a misdemeanor, I suggest you seek legal help. That charge carries a possible penalty of 90 days in jail and a $ 1000 fine or both. As the other AVVO attorney said, it is particularly important to have competent legal counsel if the case is Domestic Violence related. There are collateral consequences such as the loss of your right to have firearms if...
1 lawyer agreed with this answer
1
Attorney answers:
Child support
Consider the $ 500 a gift to your son. Absent a court order where your ex-husband acknowledges and agrees that this money child support, you still owe him the child support arrears. To avoid this situation in the future, make sure that all child payments are made through the court system so that there is a record of you meeting your financial obligations through an independent neutral agency.
2 people marked this answer as helpful