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Take a moment to read through some frequently asked questions and learn more about the legal process. With over 17 years of experience, you can coun on Cervera Garcia Law Offices LLC to answer all of your legal questions. Contact us today to schedule an appointment at our office in Milwaukee, WI.
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Must my spouse and I go to court to resolve our disagreements before obtaining a divorce?
No. Mediation is a less expansive, more expedient dispute resolution alternative to litigation. Though not always mandatory, many couples have managed to agree on how to dissolve their marriage through the mediation process. However, every case is different, and some couples may find mediation unbeneficial.
What is the difference between separation and divorce?
Separation and divorce have very much in common in Wisconsin. In both cases, property will be divided, spousal support will be considered, and child support and visitation will be determined. The main difference between the two, then, is that divorce completely ends a marriage whereas legal separation does not. Legally separated spouses are prevented from remarrying unless legal separation is later converted into divorce.
Can I prevent my spouse from obtaining a divorce?
From the law's perspective, no. Wisconsin follows the “no-fault” divorce rule wherein fault (e.g., cruelty, infidelity, etc.) need not be proven. A divorce in Wisconsin is granted if the marriage is irretrievably broken. In other words, if one spouse tells the court the marriage is destroyed beyond repair, the court will find it is irretrievably broken.
Can my spouse and I share the same divorce lawyer?
No. The rules of professional ethics make it very clear that joint representation in divorce proceedings is strictly prohibited. An attorney owes an ethical duty to represent the best interests of their client. Although you and your spouse may get along, you are technically adversaries to a divorce with competing interests. Consequently, joint representation by an attorney would result in an ethical violation to both you and your spouse.
Do I need an attorney?
Considering what is at stake in a family law dispute, having a proven, trustworthy attorney at your side is easily the safest approach. The Cervera Garcia Law Office, for example, has 14 years of family law litigation experience. Being represented by an attorney with this level of experience can play an enormous role in the outcome of your case.
What is the difference between a felony and a misdemeanor?
The difference between a felony and a misdemeanor in Wisconsin is the length of imprisonment. Typically, a misdemeanor is punishable by less than one year imprisonment, though a repeat offender could be sentenced with up to two years in prison. Misdemeanor imprisonment terms are normally served in local jails. A felony in Wisconsin is punishable by imprisonment of more than one year. A felony sentence is typically served in state prisons.
Do I need a criminal defense lawyer?
Any person accused of a crime is entitled to self-representation—known as proceeding pro se. Indeed, this right to self-representation is reflected in the U.S. Constitution. Notwithstanding, most people opt for assistance of counsel. The reason for doing so is simple: the law is complex and there is too much at stake to not have an experienced criminal defense attorney at your side. Even the most routine of courtroom events are governed by dense rules of evidence and procedure. Considering what is at stake, the safest choice is to rely on the help of an experienced criminal defense attorney.
Will a conviction stay on my record?
Wisconsin law does provide for expunction in limited circumstances. It is only available to a narrow group of offenders under the age of 25 who have committed a narrow class of offenses. For information concerning whether your conviction can be expunged, contact the Cervera Garcia Law Office today.