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Q:  Do I have to wait 120 days to get a divorce? Can my divorce be finalized sooner? A:  The law in Wisconsin requires that parties wait 120 days after they have filed for divorce before their divorce is granted. An individual who wishes to have his or her divorce finalized prior to waiting the mandatory 120 days would have to prove that he or she has an exceptional reason to have it finalized early.    One exceptional reason could be that the individual is on active duty in the military and deploying out of the country soon. The Court would…

Q: Is an employer required to pay unused vacation time upon resignation or termination? A fairly common question people have when their employment concludes is what happens with their unused, accrued vacation time. The answer is: it depends. In Wisconsin, like most every other state, the rule is that unused vacation time is to be paid out upon separation of employment UNLESS the employer’s policy says it will not be paid out. For example, an employer may have a policy (usually stated in the employee handbook) that states unused vacation pay will not be paid out if an employee quits…

Q: When massive accidents due to weather conditions occur in Wisconsin and other states, many questions are raised about how such accidents occur. At what point should roads be shut down because they pose a danger to drivers? A: That question was raised again on a national level after a massive car accident in Florida left at least 11 people dead and several more injured. In that tragic crash, the road had been closed for about three hours prior to the crash because of poor visibility caused by smoke and fog. Shortly after the road was reopened, the pileup occurred. Since then,…

Q. If you are involved in an automobile accident and receive a citation, but you don’t believe the accident was your fault should you contest the ticket? A. Ultimately, the decision is yours. Some questions to consider are:  What are your chances of success if you do contest it? How much will it cost you? Will you lose your driving privileges? A lawyer can help you assess your situation. If you decide to contest the citation, you are entitled to a trial. If the case is to be resolved in municipal court, a judge will decide the matter. If the case is to be resolved…

  Atty Michelle Fitzgerald Q. Do I have to go to court if I don’t want to sign over my parental rights?  A. You can sign a waiver form that would be part of a termination proceeding (filed by the other parent) and adoption (typically) if this would be a step-parent type adoption. If this is signed and notarized, you would not need to appear in court.    

  Atty Michelle Fitzgerald Q. How do I begin to file for divorce? A. You could start with a legal separation and if you or your spouse want to later convert it to a divorce (or dismiss it), it is a simple change. Separation papers have, for the most part, the same procedures and such as divorce papers.

  Atty Michelle Fitzgerald Q. What can I do if my spouse will not accept the divorce papers? A. You would have him served by a process server then either where he is staying or at work. He doesn’t have to accept them. He can simply be served. The process server will then give you an affidavit that he was served. You turn that in to the court.      

  Attorney Michelle Fitzgerald  Q. Am I still entitled to support if I had an affair?    A. Yes, you are. In Wisconsin, fault is not considered in a divorce. Everyone has the same rights to support, property division, etc.      

Atty. Michelle Fitzgerald Q. Does one parent get full custody if the other one dies? A. The spouse could file for guardianship if the other parent was not really involved in their child’s life. If that is not the case, and they were involved, then no, typically, the biological parent has full custody.    

  Atty. Michelle Fitzgerald Q. Can a man be ordered child support if he never signed a birth certificate when we were married?   A. If he was married at the time, and then later divorced, listing the children as theirs, then they are presumed to be his, and his legal obligation to support. The birth certificate does not control. He is entitled to have his name added to it. If there are other circumstances/facts, then he should consult with an attorney to discuss any potential options he may have.