Adolph LegalAdolph Legal2026-04-01T01:02:49Zhttps://www.adolphlegal.com/feed/atom/WordPress/wp-content/uploads/sites/1102950/2018/10/cropped-favicon-32x32.pngOn Behalf of Adolph Legal<![CDATA[Why is the gray divorce rate increasing?]]>https://www.adolphlegal.com/?p=494942026-01-08T21:53:20Z2022-10-20T21:23:23ZUnited States Census Bureau, men's and women's median age at first marriage increased steadily since 2008. With the increase in age at first marriage comes an increase in gray divorce.
Gray divorce refers to people in their mid-50s and older who end their marriage. Even if you factor in the increased age of marriage, you might wonder why the increase in gray divorce. After all, the overall divorce rate in the United States is on the decline.
Cultural shifts
There is not one answer for why gray divorce is on the rise. However, one of the factors might be culture. Divorce is no longer as stigmatized as it was for previous generations. No one wants to get a divorce, but most people can count on the support of their friends and family throughout the process.
Increased life expectancy
One of the most cited reasons for an increase in gray divorce is longer life spans. According to the CDC, average life expectancy increased from 68.2 to 77.9 between 1950 and 2007. With that extra ten years comes the realization that an unhappy marriage is not worth it. Older generations would not consider divorcing at 55. However, couples today must consider what they want out of the next 20 or more years they expect to live.
Before settling for divorce, you must strongly consider your financial situation. Most people earn the highest income in their 50s. You should not live the rest of your life in a frustrating marriage, but remember that divorce becomes more complicated with more marital property.]]>On Behalf of Adolph Legal<![CDATA[What can I legally refuse to do during an OWI arrest?]]>https://www.adolphlegal.com/?p=494282022-08-05T06:56:35Z2022-07-20T18:04:14ZWisconsin Department of Transportation, your first OWI offense leads to a license suspension. Additionally, you might receive a mandatory admission interlock device if your blood alcohol concentration measures above .15. To improve your odds of a dismissed OWI case, you need to understand your legal rights during the arrest.
Field sobriety tests are not mandatory
Every state follows an implied consent law for drunk driving. This means that once a police officer has probable cause to pull you over, you legally must submit to a breath test or face penalties. You might not realize that implied consent does not apply to field sobriety tests. Not only that, but it is in your best interest to politely refuse to perform one. Police officers use field sobriety tests to create evidence that proves you are guilty. They are subjective and will not help your case at all. However, once you politely refuse the test, expect the officer to take you into custody. Remain calm and do not give any statements.
Roadside breath tests are not mandatory
Though you legally must take a breath test, you do not have to take the test on the roadside unless you have a commercial license. You only must take the test once the police officer places you under arrest.
Knowing what you can and cannot do might prevent a guilty conviction or lead to a reduced sentence. Unfortunately, there are no guarantees during an OWI arrest. The best strategy is to give yourself as many chances to succeed as possible.]]>On Behalf of Adolph Legal<![CDATA[Why should you take a breath analysis test when asked?]]>https://www.adolphlegal.com/?p=494252022-08-05T05:17:28Z2022-05-31T18:06:51ZThe penalties you face
The National Constitution Center discusses potential consequences for refusing a breath analysis test, or in fact any form of blood alcohol content (BAC) test. If a driver refuses to take a BAC test when asked directly by an officer, the officer then has a duty to tell the driver what they risk by refusing.
The driver will lose their license for a year due to suspension, which is non-negotiable. This means even if the driver does not face any other charges, they still lose their license. If they end up convicted of a DUI-related crime, they can also face additional time in jail or extra fees due to their refusal to take the test.
The guilt of refusal
A court can even use the refusal to participate as a sign of guilt. This negates the main reason most drivers do not want to take the test. They do not want to self-incriminate, but refusal to take the test will end up having that exact effect anyway.
In short, while there are no benefits to refusing to take a BAC test, a person could face numerous penalties including suspension of their license.]]>On Behalf of Adolph Legal<![CDATA[Should you modify your parenting plan to suit your child’s wishes?]]>https://www.adolphlegal.com/?p=494102022-08-05T05:16:13Z2022-04-28T21:52:58Zchild custody and placement arrangement that gives your child the best chance to thrive. While a child's wishes do not factor directly into the court's custody decisions, a time may come when you must acknowledge your child's preferences.
Is your child ready to decide where to live?
It is the shared duty of the parents and the court to determine a custody arrangement that best suits the young children in a divorce. As your child grows and matures, however, they are likely to form their own opinions on which parent they would prefer to live with. If you and your ex-spouse agree that your child has given enough thought and consideration to the decision, it may be worthwhile to officially modify your parenting plan.
How do you modify a Wisconsin parenting plan?
You cannot modify your Wisconsin parenting plan for the following two years after the initial order, barring any severe circumstances. After the passing of two years, you may submit your case to alter your custody arrangement. The court will likely examine a number of factors to determine if the proposed change is in the child's best interests.
Issues surrounding divorce and child custody make up the more sensitive side of family law. Keeping your child's needs and wants at the forefront of your mind is often the key to making it through discussions on custody placement with the best possible outcome.]]>On Behalf of Adolph Legal<![CDATA[Can my spouse take our kids away before our divorce proceedings?]]>https://www.adolphlegal.com/?p=494082022-08-05T05:15:42Z2022-04-22T14:24:18ZThe legality of removing children from their home
The short answer is that it is not illegal for parents to take their children out of the marital home, as long as they have parental rights over the children, and as long as there is no court order to the contrary.
For example, if a court has issued a protective order due to domestic abuse, or if one parent has sole custody of the children, then the other parent cannot legally take the children without their co-parent’s consent. Absent these two situations, both parents have the right to keep their children with them.
Why it’s beneficial to seek a court order
However, just because your spouse can legally take the children when they leave the house does not mean that there is nothing you can do about it. If this happens to you, and you are interested in fighting for custody of your children, then it is in your best interest to obtain a temporary custody order from the court as soon as possible.
Make sure that you make it clear to your spouse, in writing, that you object to them taking the kids, and that you want the kids to remain in the marital home with you. As soon as possible, ask your attorney to request a court order demanding that your spouse return the kids to the marital home, if possible.
Courts always put the best interest of the children first, above the desires and convenience of the parents. If your spouse takes the children out of the marital home for several weeks or months before the divorce, and you do not register your disapproval of the situation, then the court very well might decide that it is in the best interest of the children to remain where they currently are when it comes time to establish a custody award.
What you do in the first days and weeks following the initiation of the divorce process can sometimes make all the difference in how your divorce ends up. By taking proactive measures, you may be able to increase your chances of a favorable child custody determination.]]>On Behalf of Adolph Legal<![CDATA[Good news for college students facing drug charges]]>https://www.adolphlegal.com/?p=493942022-08-05T05:14:32Z2021-10-14T19:00:37Zno longer a risk.
An end to suspensions
Students who want to compete for billions of dollars in loans, grants and work-study funds must complete the Free Application for Federal Student Aid. This application asks applicants if they have had a drug conviction during their award periods.
Even though a drug conviction no longer triggers a suspension of your government-subsidized financial aid, you still must answer questions about drug convictions. If you have a drug conviction on your record, you also must disclose additional information when preparing a mandatory supplemental worksheet.
The other side of the coin
While the end of financial aid suspensions for students with drug convictions is certainly good news, you may encounter other academic consequences following a drug-associated conviction. For example, your college or university may suspend, expel or otherwise discipline you. You may also be at risk of forfeiting any academic stipend or private scholarship you have.
Wisconsin often allows first-time drug offenders to take advantage of special programs. Ultimately, exploring all your legal options may help you minimize the negative academic ramifications of a drug conviction.]]>On Behalf of Adolph Legal<![CDATA[Using a parenting plan to modify your child custody order]]>https://www.adolphlegal.com/?p=493772022-08-05T05:13:11Z2021-07-07T17:12:34ZMediation
When you express your disagreement with the order, the court will ask you and your ex-spouse to attend mediation. A mediator is a neutral third party that will help you and your ex reach a mutual agreement regarding the child’s custody. If mediation does not work, the court will ask each of you to file a parenting plan. Sometimes, the court will not ask for mediation if it will cause undue hardship or endanger one of the parties. In this case, you can file a parenting plan without going to mediation first.
Parenting plan
If you have failed to reach an agreement with your ex, you have the right to propose a parenting plan to the court. The parenting plan needs to include the following:
What legal or physical custody you are seeking
Where you live now and where you intend to live during the next two years
Where you work and your employment hours
Who will care for your child when you are unable to
Where your child will go to school
What doctor or medical facility will provide medical care for your child
What your child’s religious commitment will be
Who will make decisions about your child’s education, medical care and extracurricular activities
Which holidays you want to spend with your child
What your child’s summer schedule will be
Whether and how your child will contact the other parent when they are with you
How you propose to resolve disagreements with your ex
You will need to file the parenting plan within 60 days after mediation or after the court declares there is no mediation required. If you don’t send your parenting plan in the appropriate time frame, you will lose the right to challenge your ex’s proposed plan.
An effective parenting plan
You have the right to seek legal help to maximize your possibilities of the court accepting your proposed plan. An experienced attorney can guide you through the process and increase your chances of getting your kids back.]]>On Behalf of Adolph Legal<![CDATA[Do you have questions re field sobriety tests? Many motorists do.]]>https://www.adolphlegal.com/?p=493682022-08-05T05:20:48Z2021-04-15T18:47:36ZWisconsin legal source on driving-linked criminal charges duly notes that, “Law enforcement can arrest you for an OWI if your BAC [blood-alcohol content] is over .08 or if you perform poorly on field sobriety tests.”
What is the Standardized Field Sobriety Test?
A quick caveat is necessarily inserted prior to a discussion of the oft-referred-to SFST. The roadside exercise is actually optional; a motorist requested to perform the test’s various prongs can decline to do so.
And that is often a sound decision. The national group FieldSobrietyTests.org underscores the likelihood of failure for many motorists and the potential for arrest based solely on what is a subjective evaluation.
Note: Evidence of SFST failure is routinely introduced by prosecutors as incriminating evidence in OWI cases.
Here are the three components of the SFST:
Horizontal gaze nystagmus (HGN) test (examination of eye movement for a subject tracking an object from side to side, with a law enforcer looking for exaggerated and involuntarily jerking of the eyes)
Walk-and-turn test, with a subject following specified commands while trying to maintain a measured gait and a straight line
The aforementioned one-leg stand test
Although law enforcers typically laud the SFST’s alleged objectivity and its accurate assessment of alcohol impairment, legions of motorists who have taken and failed the tests over many years find extreme fault with it.
In fact, notes the AAA-authored DUI Justice Link, “There are many factors that might render a person unable to successfully complete one of more of the SFSTs”. Some people have joint/arthritic conditions that make physical movements challenging under the best of circumstances. Others have debilitating optical conditions that can make any eye exam problematic. “Age, injury or disease” might singly or together foster questionable results linked with field sobriety tests.
Questions or concerns regarding such tests or any other issues tied to a drinking-related charge and arrest can be directed to a proven criminal defense legal team.]]>On Behalf of Adolph Legal<![CDATA[Organization is crucial before filing for divorce]]>https://www.adolphlegal.com/?p=489642022-08-05T05:19:33Z2021-01-15T15:44:41ZThree steps to prepare for divorce
While you may have to do some detective work if you aren’t the one who normally handles the finances, most of this information is readily available with a little digging. Here are three steps:
Make a checklist: Much of this information should be easy to find but be sure to make copies of all documents, such as:
Bank and investment accounts
Insurance policies
Wills or trusts
Credit card statements
Business ownership records
Personal financial statements
Pay stubs
Tax returns
Complete inventories of marital and nonmarital assets
Pensions, 401(k) and other retirement accounts
Prenuptial agreements
Prepaid funeral plans
Long-term health insurance
Categorize your documents: One way to reduce legal costs is to organize the paperwork into logical categories. For instance, all homeownership documents should be kept together, retirement information in another folder and so forth. That way, your lawyer has easy access, and it’s less likely that you’ll miss vital assets that can hurt your outcome.
Classify these assets: Once you have gathered and organized everything you and your spouse own, it’s time to designate each asset as belonging to you, your spouse or both parties. Your attorney may have to help you classify more complicated assets, such as retirement plans, family inheritances or specific property owned before the marriage.
Being prepared helps you take control
There are many moving parts in a divorce, and the process can be overwhelming, especially before you know what to expect. However, taking these steps gives you some peace of mind by getting a sense of your current financial situation and what to expect when you begin your next chapter.]]>On Behalf of Adolph Legal<![CDATA[What qualifies as a felony OWI in Wisconsin?]]>https://www.adolphlegal.com/?p=489612022-08-05T05:18:50Z2020-10-16T13:00:09ZThe threshold for felony OWI charges
In Wisconsin, your first three OWI offenses qualify as misdemeanors in most cases. Upon committing your fourth OWI offense, you will receive felony charges instead, which come with stiffer penalties. If convicted of your charges, you will have to pay a fine of up to $10,000, and you will spend between 60 days and six years in jail. Furthermore, you will have your license revoked for between two to three years. You will also have to install and use an ignition interlock device on your vehicle for between one to three years, plus your length of confinement. Alternatively, you will have to take part in Wisconsin’s 24/7 sobriety program for this period.
The impact of aggravating factors
Besides having four or more offenses on your record, you will receive felony OWI charges in three other situations. For this to happen, your offense must have resulted in:
Injury (if you have a prior OWI offense on your record)
Great bodily harm
Homicide
The penalties for these charges differ. Yet, in most cases, they will be harsher than if you received OWI charges alone. Often, they will include a hefty fine and a lengthy jail sentence. You may also, if convicted, face a long-term license revocation. Furthermore, you may also have to install and use an ignition interlock device on your vehicle – or take part in Wisconsin’s 24/7 sobriety program – for longer than otherwise.
Because Wisconsin's penalties for felony OWI offenses are harsh, you will not want to work through your charges alone. A criminal defense attorney can help you understand your options for mitigating their effects.]]>