Mayer Law Office, LLC West Bend Family Law Attorney | Washington County Criminal Defense Lawyer | Dodge County WI Divorce OWI 2026-07-22T08:00:23Z https://www.mayerlawllc.com/feed/atom/ WordPress /wp-content/uploads/sites/1303242/2020/06/cropped-favicon-32x32.jpg On Behalf of Mayer Law Office, LLC <![CDATA[Property division in divorce: A guide for business owners]]> https://www.mayerlawllc.com/?p=48693 2026-07-07T09:14:37Z 2026-07-22T08:00:23Z For many business owners, the company has been the one constant through life's ups and downs. Markets change, customers come and go and setbacks are inevitable, but the business continues to move forward. Divorce can disrupt that sense of stability. Uncertainty about ownership, the company's value and its future often sets in early. That uncertainty can affect more than the spouses. Employees, business partners and even family members may also feel the impact. The good news is that property division is not as simple as splitting a business in half. Wisconsin law provides a framework for dividing marital property, but every business has its own history. Understanding how courts value a business can help owners prepare for what comes next.

A business is worth more than its assets

Wisconsin is a community property state. Property acquired during the marriage belongs to both spouses. If a business was started or substantially developed during the marriage, some or all of its value may be marital property, even if only one spouse operated the company. There are important exceptions. A business that one spouse inherited or received as a gift from someone outside the marriage is generally separate property under Wisconsin law. However, the analysis does not always end there. If marital funds or the efforts of either spouse significantly increased the business's value, part of that growth may become part of the marital estate. A court may also consider whether treating the business as separate property would create an unfair hardship. Determining a business's value involves more than reviewing financial records. Courts may also consider business goodwill, which reflects the value of an established reputation, loyal customers or systems that help the company generate future income. Enterprise goodwill belongs to the business itself and may be divided as marital property. Personal goodwill comes from one owner's individual reputation, professional skills or personal relationships. 

Fair solutions do not always mean shared ownership

Valuing a business does not mean both spouses will continue to own it. Instead, courts and divorcing couples often look for practical ways to reach a fair property division while allowing the business to keep operating. Depending on the circumstances, possible outcomes may include:
  • One spouse keeps the business while the other receives assets of comparable value.
  • One spouse buys out the other's interest.
  • The business is sold, and the proceeds are divided.
  • The spouses negotiate another settlement that reflects their financial circumstances.
Every option carries financial and tax consequences. Taking time to understand those tradeoffs can help both spouses make informed decisions and avoid unnecessary conflict. Property division is about more than deciding who keeps the business. It is about understanding what the business is worth, why it has that value and how Wisconsin law applies to the facts of the case.

Protect what you have worked to build 

A divorce involving a business often affects far more than the relationship.  An experienced Wisconsin family law attorney can help evaluate complex issues such as business valuation, goodwill and separate property claims while working toward a property division strategy that protects your long-term financial interests.]]> On Behalf of Mayer Law Office, LLC <![CDATA[Understanding sentencing in Wisconsin sex offense cases]]> https://www.mayerlawllc.com/?p=48696 2026-07-15T15:07:34Z 2026-07-15T15:07:34Z How Wisconsin classifies sex offenses Wisconsin law categorizes sex offenses based on how serious they are. These range from misdemeanors to serious felonies. For example, fourth-degree sexual assault is a Class A misdemeanor, while first-degree sexual assault of a child is a Class B felony. The charge level affects prison time, fines and other penalties. Felony charges carry harsher sentences than misdemeanors.

Factors that influence sentencing decisions

Wisconsin judges look at several factors when deciding sentences. The court looks at the details of the case and the person's past record. Past convictions lead to harsher sentences. Judges also look at how the crime hurt the victim. They also weigh whether the person can change. Under Wisconsin law, defendants serve their full prison term. There is often no early release.

Mandatory minimum sentences and registration

Some sex offenses have a set prison minimum. Judges cannot lower this amount. Certain severe forms of first-degree sexual assault of a child require a mandatory minimum of 25 years in prison, while others carry a 5-year minimum or no statutory minimum at all. Most convictions also require sex offender registration in Wisconsin. Registration lasts 15 years to life, based on the offense. Serious offenses such as first-degree sexual assault of a child lead to lifetime registration. Those on the registry must report any address change. They also cannot live near schools or parks in many areas. Not meeting these requirements is a separate felony charge.

Facing sex offense charges in Wisconsin

The penalties for sex offenses in Wisconsin go beyond initial sentencing. Registration requirements can last decades or even a lifetime. These consequences affect not just the individual but entire families. Learning about Wisconsin's sentencing system and the factors judges consider can help remove some of the uncertainty surrounding these charges.]]> by Mayer Law Office, LLC <![CDATA[Accidental restraining order violations: Risks and next steps]]> https://www.mayerlawllc.com/?p=48695 2026-07-09T21:36:36Z 2026-07-09T20:04:34Z The legal risks of violating a restraining order A restraining order stays in effect until the court changes or ends it. Even an honest mistake, such as accidental contact with the protected person, may count as a violation. In Wisconsin, prosecutors generally must prove that a valid order existed, the person knew about it and prohibited contact took place. A first violation may lead to up to nine months in jail or a fine of up to $10,000 – or both. Because these cases can have serious legal consequences, working with an attorney can help protect legal rights and provide guidance throughout the process.

What to do after an alleged accidental restraining order violation

The steps taken after an alleged accidental restraining order violation can make a significant difference. These steps include:
  • Stop all contact: End all direct and indirect contact with the protected person. Do not respond, even if the protected person reaches out.
  • Preserve all available evidence: Keep copies of phone records, text messages, emails, location data, security camera footage and any other information that may help clarify the circumstances of the alleged violation.
  • Do not handle the matter alone: Do not contact the protected person to explain the situation, apologize or ask for the complaint to be withdrawn. Private agreements do not change a court order. Only the court has the power to change the order.
  • Follow the order carefully: Continue following every condition of the restraining order until the court changes or ends it.
  • Consider seeking legal help: A criminal defense attorney can review the facts, protect legal rights, preserve key evidence and build a strong defense if charges are filed.
Quick legal action can protect legal rights, reduce risks and help to improve the outcome of the case.

Follow the order until it changes

A restraining order stays in place until a court changes or ends it. Following the order can help avoid new legal problems and protect the future. When the next step is unclear, an attorney can explain the law, protect legal rights, and help move the case forward.]]> On Behalf of Mayer Law Office, LLC <![CDATA[How Wisconsin community property laws affect the family home]]> https://www.mayerlawllc.com/?p=48692 2026-06-25T06:54:47Z 2026-06-25T06:54:47Z Wisconsin courts may consider more than the home's value The family home is often a couple's largest asset. Wisconsin's property division laws identify factors courts may consider when dividing marital property. Courts may look at the length of the marriage, each spouse's financial situation and whether children will continue living in the home. In some cases, a judge may decide that an unequal division better reflects the family's circumstances.

What can happen to the family home?

Couples often choose one of several options:
  • One spouse buys out the other's share of the equity
  • The couple sells the home and divides the proceeds
  • The couple keeps the home jointly for a period of time
The right choice depends on the family's finances, mortgage obligations and long-term plans. A spouse who wants to keep the home must often show they can afford future payments and upkeep.

Do children affect the decision?

Sometimes. Courts may consider whether staying in the home supports a child's stability and daily routine. However, judges weigh that factor alongside the family's financial circumstances and other aspects of marital property division in Wisconsin. Keeping children in the same school district or neighborhood may influence negotiations, but it does not guarantee that one spouse will keep the home.

More than a question of who keeps the house

A home often carries emotional value, but it also comes with ongoing costs such as mortgage payments, property taxes, insurance and maintenance expenses. Decisions about the property can affect debt allocation, retirement savings and future living arrangements. Considering the full financial picture can help spouses prepare for the next stage of life.]]> On Behalf of Mayer Law Office, LLC <![CDATA[Why child support and placement are not the same]]> https://www.mayerlawllc.com/?p=48691 2026-06-23T15:39:07Z 2026-06-23T15:39:07Z Support focuses on your child’s financial needs Child support generally centers on the costs of raising your child after you and the other parent live apart. These costs may include meals, clothing, school supplies, childcare and daily care. When one household becomes two, your child’s needs usually remain, but you might share those costs differently. Support conversations could become harder when parents prioritize time with the child before addressing the child’s regular needs. You might look at a smaller weekly role and expect lower expenses. The other parent may handle more school-week tasks and wonder why those costs fall heavily on them. Those comparisons could pull attention away from your child’s needs across both homes.

Placement is about your child’s daily routine

Placement is typically about where your child spends time. It may include schedules, holiday time and exchange plans. These details matter because a steady routine could help your child move between homes with less confusion. Placement may also affect practical costs tied to your child’s schedule. It also usually addresses parenting time and daily structure. For example, if you handle weekday mornings, you might cover lunches or rides. If the other parent lives farther away, travel costs may become part of the equation.

Support and placement serve different needs

The distinction between support and placement may give you a clearer view of the needs each one addresses. Support might relate to stability across two households, while placement may organize your child’s routine with each parent. When you separate those ideas, the plan could become easier to understand and follow. That clarity may also show how parenting time and financial responsibilities work together while serving different purposes.]]> by Mayer Law Office, LLC <![CDATA[What parents need to know about Wisconsin parenting plans ]]> https://www.mayerlawllc.com/?p=48690 2026-06-16T13:01:12Z 2026-06-16T13:01:12Z How parenting plans work in Wisconsin Wisconsin law requires a parenting plan when parents with minor children divorce or separate. Each parent must submit a written parenting plan. The plan explains how parents will make important decisions and share parenting time. Courts encourage parents to reach an agreement that supports the child's best interests. If they cannot agree, the court may require mediation before proceeding further with custody-related disputes. If disputes remain, the court may appoint a guardian ad litem (GAL) to review the family's situation and make recommendations based on the child's best interests.

What a parenting plan may include

Wisconsin parenting plans outline legal custody and physical custody (placement) after a separation or divorce. They help define each parent's responsibilities and provide a clear framework for raising a child. These plans typically include:
  • Legal custody and decision-making: Legal custody determines who makes major decisions about a child's education, health care and religion. Wisconsin courts generally favor joint legal custody, which allows both parents to share these decisions.
  • Physical placement and parenting schedule: Physical placement outlines where the child lives and how the parenting time is scheduled. It includes schedules for regular days, holidays, vacations and school breaks to provide stability.
  • Parent communication: Parenting plans set guidelines for how parents share information and communicate about the child. Clear communication helps support consistent parenting.
  • Dispute resolution: Parenting plans often include a process for resolving future disagreements. This can help reduce conflict and limit court involvement.
  • Legal effect of the plan: Once approved by the court, the parenting plan becomes a legally binding order. Wisconsin courts may enforce the plan if either parent fails to follow it.
A well-prepared parenting plan supports stability, reduces conflict and keeps the child’s needs at the center of every decision.

The value of a strong parenting plan

The choices made during this divorce process can shape how a family works together and adapts to change in the years ahead. A well-structured parenting plan builds a steady routine for a child that can guide long-term outcomes. Working with an attorney helps keep these decisions clear, balanced, and focused on lasting stability.  ]]> On Behalf of Mayer Law Office, LLC <![CDATA[Why the first 20 days after a sex offense conviction dictate your appeal]]> https://www.mayerlawllc.com/?p=48689 2026-06-09T19:39:50Z 2026-06-09T19:37:10Z The 20-day clock for the Notice of Intent The appeals process starts with a strictly enforced deadline. Within 20 days of sentencing, a defendant must file a Notice of Intent to Pursue Postconviction Relief. Filing this document does not lock a defendant into a full appeal, but missing the deadline generally forfeits the right to challenge the conviction. Once the court receives the notice, the clerk provides the trial record and transcripts. Securing these materials allows the defense to begin identifying what went wrong in the courtroom.

Uncovering reversible errors from the trial

Postconviction relief depends on proving that the trial court made specific legal mistakes. Appellate arguments frequently focus on:
  • Procedural violations: The judge allowed improper evidence or blocked important defense testimony.
  • Constitutional issues: Law enforcement conducted an illegal search or failed to provide Miranda warnings.
  • Ineffective assistance: The original trial attorney missed strict deadlines or ignored defense strategies.
Appellate counsel reviews the transcripts to locate these exact errors, which form the foundation of the postconviction motion.

Why appellate review differs from a new trial

An appeal is not a chance to present the case to a new jury. Instead, the Wisconsin Court of Appeals reviews the existing record to determine if the trial court applied the law correctly. Should the appellate court identify a substantive procedural flaw, it holds the power to overturn the conviction, amend the sentence, or remand the case for a new trial. Because the appellate court only considers issues preserved in the record, the focus remains entirely on the legal arguments. These constraints show why a defendant must prepare their case immediately after sentencing.

Securing your right to challenge the verdict

The days following a conviction carry immense stress, especially when facing the stigma of a sex offense record. The 20-day deadline leaves little room for hesitation. Missing the window can permanently close the door to a Wisconsin criminal appeal. Evaluating the trial transcripts for constitutional or procedural errors provides the clearest path forward. Working with legal counsel familiar with appellate procedures helps bring every valid argument before the court before the clock runs out.]]> On Behalf of Mayer Law Office, LLC <![CDATA[The police asked to search my car, what can I do?]]> https://www.mayerlawllc.com/?p=48684 2026-05-26T13:17:02Z 2026-05-26T13:17:02Z You may feel pressure when an officer asks to search your car during a Wisconsin traffic stop. Quick choices can affect your rights and your case. Search rules set limits and give you options you can use without causing a scene. With steady steps, you can assert your rights and reduce risk.

How to respond during the stop

Traffic stops move fast and tension can rise in seconds. You can slow the moment, protect yourself and keep the tone calm. Use these simple moves to guard your rights without escalating the stop:
  • Stay calm and keep hands visible: This lowers tension and helps everyone stay safe.
  • Keep your words short and polite: Provide license, registration and insurance when the officer asks.
  • Ask a clear status question: “Am I free to go?”
  • Decline consent in plain words: “I do not consent to any searches.”
  • If you choose to allow a limited look: State the area and the item then hold that limit.
  • If an officer searches anyway: Do not interfere, note time, location and witnesses.
Once you set those boundaries, you can assess what officers still may do under Wisconsin law. Keep in mind that being polite and respectful can go a long way.

What police may do without your consent

Even when you say no, the law still gives officers some narrow paths. Knowing those limits helps you make smart choices on the shoulder of the road. Keep these ground rules in mind:
  • Probable cause: Odor of marijuana or contraband in plain view may give an officer grounds to search the car, including containers.
  • Search incident to arrest: After an arrest near the car, officers may search areas within reach or places likely to hold evidence of the arrest offense.
  • K9 sniff: An officer may run a dog around the car during a stop but adding time for a sniff without specific facts can create a legal issue.
  • Inventory: If officers tow the car, department policy may allow an inventory to log valuables and ensure safety but scope depends on written rules.
  • Consent scope: If you give consent, you can limit or withdraw it at any time yet independent probable cause may still allow a broader search. If any of these steps come up in your stop, detailed review can uncover issues and shape your next move.
You do not need to struggle with these choices alone. Careful legal support can help you review the stop, weigh risks and protect your future.]]> On Behalf of Mayer Law Office, LLC <![CDATA[What are the penalties for drunk driving in Wisconsin?]]> https://www.mayerlawllc.com/?p=48683 2026-05-20T13:44:08Z 2026-05-20T13:44:08Z defense against OWI charges to protect your future.

The legal consequences of an OWI conviction

Wisconsin judges determine penalties based on your prior record and the severity of the stop. A conviction triggers a combination of fines, jail time and license loss. The standard penalties include:
  • First offense: Drivers face a $150 to $300 fine, and the state revokes their license for six to nine months. A blood-alcohol level of 0.15 or higher requires a one-year ignition interlock device (IID).
  • Second offense: If an individual has no prior OWI within 10 years, they face first-offense penalties. Otherwise, an offender could spend five days to six months in jail and pay a $350 to $1,100 fine. The driver will lose their license for 12 to 18 months and must use an IID.
  • Third offense: This offense triggers 45 days to one year in jail and a $600 to $2,000 fine. Other penalties include a two- to three-year license loss and a mandatory IID.
  • Causing serious injury: If someone gets hurt because of drunk driving, the driver could face 12.5 years in prison, a $25,000 fine, and a two-year license loss.
  • Causing fatal accidents: Vehicular homicide may lead to 25 years in prison and a $100,000 fine. A prior OWI increases the maximum prison sentence to 40 years.
These consequences may disrupt your life long after you leave the courtroom.

Developing a strong defense against OWI charges

Law enforcement personnel frequently commit procedural errors during traffic stops, breathalyzer examinations and blood draws. Through a meticulous evaluation of the state's evidence for these specific mistakes, you may construct a compelling defense to challenge the prosecution's case.]]> On Behalf of Mayer Law Office, LLC <![CDATA[When does child support end?]]> https://www.mayerlawllc.com/?p=48681 2026-05-06T10:47:42Z 2026-05-06T10:47:42Z Child support ends when the child turns 18 In Wisconsin, the legal duty to provide child support typically terminates on the child’s 18th birthday. However, the law provides an important extension if your child is still pursuing their secondary education. If the child remains enrolled in high school or an accredited GED program, the support obligation continues until they graduate or turn 19, whichever occurs first. The receiving parent must provide official proof of enrollment to the child support agency to ensure the payments continue correctly during this period. There are other instances that will trigger the termination of the support. Support may end early if a child marries, joins the military or becomes legally emancipated. Conversely, if they have a disability that makes them dependent, a court may order support to continue indefinitely into adulthood.

Paying past-due child support

A common misconception is that reaching the termination date wipes away any unpaid support from previous years. In reality, the end of your support obligation does not cancel out past-due child support. If you owe money when your child reaches the age of majority, the state of Wisconsin still requires you to pay that debt in full. The court maintains the authority to enforce these payments through income withholding, tax intercepts, or property liens for up to 20 years after the child turns 18.

Meet your financial obligations to your child

Fulfilling your financial duties ensures that your child has the resources they need to transition successfully into adulthood. Meeting these obligations is about more than just following a court order; it is about providing the stability your family deserves during a time of significant change.]]>