Frequently Asked Questions

In Wisconsin, there is no need to show wrongful behavior on the part of either spouse in order for a couple to obtain a divorce. The only requirement is that there has been an irretrievable breakdown in the marriage. While Wisconsin is a "no-fault" divorce state and marital misconduct will not be considered in awarding spousal support, child support, or child custody, in certain situations the fault of one party leading to the breakdown of the marriage can be considered, for example, if it affects the children or involved economic waste. Therefore, it is important to have dependable legal representation during divorce.

The amount of time it takes to finalize a divorce varies widely depending on the circumstances of the parties. Uncontested divorce proceedings can be resolved in a matter of several months, while highly contested cases may take up to a year or more. Whether there are children born to the marriage and the amount of property that the couple owned are factors that may affect the length and complexity of the divorce proceeding. The more parties are willing to work together to reconcile their differences, the less time and money will be expended resolving such disagreements in court.

Because each case has a unique set of circumstances and facts, legal fees for representing you in your family court action will be discussed during your consultation with our office. However, the overall cost of legal fees will largely depend upon the ability of the parties to work together to resolve the divorce action in the best interests of all involved. If reconciliation is ruled out as an option, then it is important that both parties stay focused on obtaining an equitable separation, which will drastically reduce the length of the process and overall fees involved.

Child support means payment of money for the support of a child, including payment of medical, dental, and other health care expenses; child care expenses; and educational expenses. It is determined according to the guidelines established under Wisconsin law. The amount of child support owed is based on a percentage of the non-custodial parent's income and other relevant factors such as parental overnights, needs of the child, and expenses, such as insurance or day care. Based upon the accuracy of the information that you provide regarding the incomes and parenting arrangements of the parties, an estimated calculation of child support can usually be given at your consultation.

If you are arrested, do not resist. Be polite and cooperate with law enforcement personnel. Also, remember that you are entitled to certain rights. For example, you have the right to remain silent and the right to an attorney, even if you cannot afford one. If you are questioned, you must provide basic information to identify yourself, including your name, address, and date of birth. However, if you are asked additional questions, respond by saying that you would like to speak to an attorney, and do not answer any further questions. Do not speak to anyone, unless it is your own attorney.

If you were taken into custody or deprived of freedom in a significant way, you are entitled to have your rights read to you, including the right to remain silent and the right to have an attorney present. If your rights were not read in such a situation, then any information that you gave during the subsequent questioning cannot be used against you. In addition, if information that was obtained during that interrogation led the officers to discover further information, the subsequent "fruit of the poisonous tree" is also not admissible as evidence to prove your guilt.

Even minor offenses will go on your record and can have serious consequences that may affect you for the rest of your life whether they be personal, financial, or professional. Therefore, it is important to be represented by an attorney who can give you an honest assessment of your case and help you to explore the possible options to reduce or minimize the severity of the outcome.

If you are willing to plead guilty you may be able to enter into a "plea bargain" or "plea agreement" with the prosecutor which will expedite your case and result in a less severe punishment, such as probation or paying a fine. Prosecutors rarely enter into a plea agreement with an individual who is not represented by an attorney. An experienced attorney can help negotiate a plea agreement to bring about the best possible outcome for your case.

Unlike civil disputes, criminal charges are filed and prosecuted by the state. Once this process has been set in motion, the county or state prosecutor is in charge of the case and the ability to drop the charges no longer rests with the victim. In addition, if the case goes to trial, the victim may be subpoenaed to testify in court and has a legal obligation to appear and tell the truth or risk facing criminal charges or being held in contempt of court.

First and foremost, you have the right to remain silent. That means that aside from providing basic identification information such as your name, address, and date of birth, you do not have to answer questions unless you choose to. Before you talk to the police, it is best to consult with an attorney to explore your options and determine the best way forward. If you do decide to talk to the police to tell your side of the story, it is highly advised that you have an attorney present during questioning to ensure that your rights are not violated.

A Chapter 7 bankruptcy is commonly referred to as a liquidation. In a Chapter 7 bankruptcy, all assets a debtor owns, including legal or equitable rights, are put into a bankruptcy estate. A court-appointed trustee is then assigned to see if any of those assets can be sold to partially satisfy the debts the consumer has incurred. Many of the assets in the bankruptcy estate, however, can be protected by applying what are called "exemptions." Exemptions vary from state to state, and in Wisconsin, Chapter 7 debtors are entitled to keep, for example, $75,000 ($150,000 for joint debtors) of equity in a homestead, $4,000 of equity in a car, and $12,000 in consumer goods.

Chapter 13 bankruptcy involves reorganization or a repayment plan for individuals or small proprietary business owners (not corporations or partnerships) who meet certain income and debt criteria. Chapter 13 bankruptcy allows a debtor to reduce the amount of debt through a payment plan while retaining certain assets which would otherwise be liquidated in a Chapter 7 bankruptcy. In addition, for debtors who have fallen into arrears on their mortgages, real estate taxes, or car loans, Chapter 13 is an attractive choice as it allows them to force a repayment plan on creditors to repay those arrearages over time. Income tax debt may also be repaid similarly. Many consumers choose this type of bankruptcy if they are trying in good faith to pay back the majority of their debts, or if they are trying to save their house or restructure a car loan. Some typical reasons for filing a Chapter 13 bankruptcy are listed below:

• Stop a home foreclosure and give the consumer up to five years to become current on their mortgage.
• Restructure a car loan to either reduce interest, principal, or in some instances, reduce both principal and interest on the car loan.
• Pay back income taxes without having to pay back all of the accrued penalties and interest.
• Pay back general unsecured creditors (credit cards or personal loans) without paying back all of the future interest accruing on the account.

During a bankruptcy proceeding, the bankruptcy court issues an order preventing creditors from continuing their collection efforts outside of bankruptcy court, including efforts to garnish wages, foreclose on a home, repossess a vehicle, and call or send letters to debtors. Unfortunately, it is not uncommon for these aggressive collection practices to continue, even after the debt is discharged in bankruptcy. You do not, however, have to live with the threats and harassment from debt collectors. There are state and federal laws designed to protect you from such abuse. If you have been the victim of threats, abuse, or harassment by a creditor or debt collector, contact our office today.

There are certain categories of people that will be involved in the bankruptcy proceeding and will, therefore, learn about your bankruptcy filing, including creditors. In addition to creditors, your spouse and others in your household, even if not included in your filing, must be made aware of the bankruptcy proceeding. Further, if you owe money to any friends or family members, they will be notified as well. Employers may also become aware of your bankruptcy filing under certain specific circumstances.

Moreover, while bankruptcy proceedings are not published in newspapers, such as foreclosure notices are, bankruptcy proceedings are a matter of public record. Because accessing court records is a cumbersome process, however, it is unlikely, except in a handful of situations, that others will find out about your bankruptcy proceeding, unless you choose to tell them. As a practical matter, it is of course possible that you will run into someone you know at a hearing in bankruptcy court. However, experience has shown that when others do find out, they are generally accepting and understanding and can even serve as a source of support during this difficult time.

In the state of Wisconsin, like most other states, there is a provision that exempts equity in the family home. While in some states, there is no limit to the amount of the exemption, in Wisconsin, the maximum amount of equity which is protected in bankruptcy is $75,000 ($150,000 for a married couple filing jointly). In addition, if you sell your home and intend to purchase another home with the proceeds of the sale, you may use the exemption to protect that money for up to two years after the sale. It is important, however, to consult with a qualified bankruptcy attorney as there are certain conditions that have to be met in order to be able to claim the homestead exemption. Contact our office to learn more.

While bankruptcy serves to prevent creditors from collecting on debts owed, it does not erase negative information, such as history of late or missed payments, from your credit report. That information will stay on your report typically for 10-11 years, depending on the information being reported. In addition, filing for bankruptcy itself will appear on your credit report and will negatively affect your credit score. A Chapter 7 Bankruptcy filing will generally stay on your report for ten years and a Chapter 13 bankruptcy will appear for seven years from the time repayment is complete.

Attorney Misty Muter works with individuals and families to consolidate debt and seek other solutions that will not negatively impact an individual's credit rating. In addition, Attorney Muter counsels individuals who have poor credit scores on ways to build credit and improve credit ratings by, for example, making voluntary repayments.

Chapter 7 is generally available to consumers to eliminate all unsecured debt, such as credit cards and medical bills. Chapter 7 does not eliminate secured debt, and the Chapter 7 debtor must continue to keep current on all secured accounts, including home mortgages and car loans. Certain debts are non-dischargeable in a Chapter 7, such as recent taxes due, certain student loans, child support and alimony, and any debt procured by fraud.

The bankruptcy code mandates that all creditors must be included in the bankruptcy case, and, if they are in the same class, must be treated equally during bankruptcy. Following the bankruptcy proceeding, however, you may make voluntary repayments to any creditor you choose without reaffirming the entire debt. Voluntary repayments, in fact, will help you to improve your credit score following bankruptcy.

In most cases, when a bankruptcy case is filed, the bankruptcy court issues an order preventing creditors from continuing their collection efforts outside of bankruptcy court. Therefore, in most cases once a bankruptcy case is filed, creditors must suspend any wage garnishments, and in fact, it may be possible to recover any wages garnished 90 days prior to filing for bankruptcy.

No. However, both spouses' income and expense information may be relevant to your case. In addition, because Wisconsin is a community property state, all of the debt incurred during the marriage is owed by both spouses equally. If only one spouse files, the other is not protected by the discharge, and the creditor may be able to go after the assets or property of the non-filing spouse. As such, filing jointly may offer certain advantages including protection for both spouses as well as the ability to claim a larger amount for the homestead exemption. At Muter Law Office, we can advise you on the best means to proceed. Contact us today.