If you are either contemplating filing for divorce or if you or your spouse have already filed for divorce, it is very important that you understand the standards for decision-making that the court will employ, the procedures and the rules of evidence involved. Attorney Bryan S. Seidl has dedicated a substantial part of his practice to assisting clients with their divorce and post-divorce issues. Every divorce is different from the next, each involving different sets of facts and issues to resolve.
Because the facts and circumstances involving each divorce can vary from one extreme to the next, the cost of a divorce can also be different in each case. Attorney Bryan S. Seidl of Seidl Law Offices, LLC, has years of experience in successfully helping clients navigate the often turbulent processes of divorce law and post-divorce law, and the procedures necessary to finalize the divorce, while keeping his clients’ costs and fees at a reasonable level. In an effort to help save his clients money in attorneys’ fees, Mr. Seidl advises all of his divorce clients in the following regards:
(1) “Don’t spend $2,000 in attorney fees fighting over a $20 toaster oven.” The Court and the law expect that you and your spouse be willing to compromise (to a reasonable degree), to be reasonable and respectful in your communications with each other, to be respectful to all parties involved, and that you make a good faith effort to settle differences. While you are certainly not expected to sacrifice your rights, it is not financially prudent to let your emotions get the better of you. Mr. Seidl has the experience to advise you with regard to which battles are worth fighting for and which battles are not worth fighting.
(2) “Be as organized and active in your case as possible.” Within the confines of the Attorney-Client relationship, there are certain tasks that only Mr. Seidl can do based on his experience, training and education in the law, and there will be certain tasks that both Mr. Seidl and/or YOU can accomplish (such as gathering information and documents necessary for trial). Mr. Seidl gives you every opportunity, to complete the tasks that either you or Attorney Seidl can perform in an effort to save you money in attorney fees. The more organized you are with regard to the information you need to provide, the less time Mr. Seidl has to spend organizing your file and understanding the facts and circumstances of your case so that he can effectively communicate the facts to opposing counsel and the court, and the amount of attorney fees you will need to pay will, in turn, be reduced.
From the moment that a petition for divorce is filed, there are several issues that need to be resolved in order for the court to give you a final divorce judgment. These issues may include, but are not limited to: legal custody and physical placement of children; visitation; child support; spousal support or maintenance (formerly known as “alimony”), the division of marital assets and marital debts, possibly domestic violence issues, and possibly other issues depending on the facts and circumstances. If the you and your spouse can agree on all issues that need to be resolved, you may submit divorce papers to the Judge or Family Court Commissioner, in the form of a “Marital Settlement Agreement” for the Court’s review and possible approval. If the Court finds that the Marital Settlement Agreement is fair and just for all parties concerned and is in the children’s best interests, the Judge will adopt the Marital Settlement Agreement and make it a part of the Judgment of Divorce.
If the court approves a Marital Settlement Agreement made between you and your spouse, later modifications, depending on the issue, can become difficult and expensive. That’s why it is important, even if you and your spouse are in agreement, to hire an attorney to prepare and review your Marital Settlement Agreement. Without such counsel, mistakes can be made that may impact you and/or your children for years to come.
If the parties are unable to resolve one or more of the issues needing resolution, the parties must proceed to a contested divorce trial and put into evidence the facts that support their position on those issues. The court will then make a decision concerning all of the contested issues between you and your spouse. Generally, through the litigation process, there may be a need for the parties and their attorneys to engage in what is referred to as the “discovery process.” The purpose of the discovery process, if necessary, is to obtain and “discover” all of the evidence and the testimony that your spouse and his/her counsel will use and submit to the court to support their arguments. It may, again only if necessary, involve Requests to Admit, Requests for Production of Documents, Interrogatories, and/or depositions of parties, third-party witnesses and experts. For more information about the discovery process, please visit our FAQ page or call Mr. Seidl at (715) 365-9008 or (715) 360-9008.
If you cannot come to an agreement on all issues needing resolution, you and your spouse will be required to testify in court and produce relevant documentary evidence concerning the issues that you and your spouse cannot agree on. After hearing the testimony, receiving the evidence and hearing arguments from the parties or their attorneys, the presiding Judge will make a ruling on each of the contested issues. Litigation over disputed or contested matters is most often time consuming and requires a solid knowledge of Wisconsin divorce law. For this reason, it is important to have the assistance of an experienced, knowledgeable and skilled divorce attorney to ensure that your rights are protected.
Attorney Bryan S. Seidl of Seidl Law Offices, LLC, is experienced, knowledgeable and skilled in family law matters, and will provide you with the diligent, zealous and individualized representation and the attention that you deserve. Mr. Seidl will work hard towards resolving the many issues that need resolving in your divorce or post-divorce matter, while keeping your rights and best interests at the forefront of the litigation process and at the same time making sure that you are kept timely informed and that you understand the process and your options, all at a reasonable cost to you.
For more information, contact us at 715-365-9008 or 715-360-9008. Your first phone call is FREE! Help is just a phone call away.
Paternity is the legal process by which the biological father of a child is legally established and found to be father by the courts. Generally, paternity actions relate to children born out of wedlock. Children born to married women are considered to marital children and the husband is presumed to be the father as paternity is immediately established. However, in certain circumstances, the paternity of a marital child may also be challenged.
If a child is born out of wedlock, there are several ways in which the paternity of a child can be established, including:
- If the parties marry after the child’s birth;
- If, at the time of birth or shortly thereafter, the father and mother both sign a statement called a “Voluntary Acknowledgment of Paternity” and file it with the state registrar (certain restrictions apply to parents who are minors or in the event one or both parties rescind the Voluntary Acknowledgment of Paternity in a timely manner pursuant to statute);
- If some person authorized under statute files a motion to establish paternity and either a male stipulates to being the father or the court, after hearing evidence, makes a determination as to who is the father. A motion to establish paternity can be filed by the child, the child’s natural mother, a male presumed to be the child’s father, a male alleging himself to be the father, the personal representative of any of the preceding individuals if that person has died, the legal or physical custodian of the child, the state of Wisconsin under certain circumstances, a guardian ad litem appointed by the court under certain circumstances, and a few others under specified circumstances
Once paternity has been established, the court will enter a judgment of paternity, and will make orders concerning legal custody, physical placement and/or visitation, health care for the child and child support.
If you are considering whether to bring a paternity action or if you are involved in a paternity suit, it is only to your advantage to have an experienced, knowledgeable and skilled attorney working for you and your interests. Attorney Bryan S. Seidl’s years of experience in family law and paternity matters make him the wise choice to advise and represent you regarding your rights and to negotiate a fair settlement of your obligations. Mr. Seidl will make certain that you are timely and fully informed with regard to the process and procedures, your rights and your options. Mr. Seidl takes pride in effectively communicating with his clients so that they know and understand the legal processes, their options and the law. Contact Seidl Law Offices, LLC, now at (715) 365-9008 for a free consultation.
REAL ESTATE LITIGATION:
Every piece of real property / real estate is unique under the law. Your property is very special to you for a good reason – usually more than one good reason. Unfortunately, property owners sometimes find themselves in situations in which they face the unwanted necessity of having to engage in litigation with a neighbor, a recent seller or buyer of their property, or with a relative or friend with whom they share ownership interests.
Property line disputes, timber trespass, seller fraud and/or misrepresentations, and misleading information from certain certain other entities involved in the real estate transaction process can put you in the uninvited position in which you face daunting monetary damages, costs and/or repairs in order to defend or protect your property rights, enjoy aspects of your property which you were originally promised, and/or put your new property in compliance with local and/or state zoning requirements.
The fiscally prudent way in which to save yourself money, and also emotional turmoil, in these situations is to consult with an experienced real estate attorney before you sell your home or vacant land, or before you purchase a home or vacant land. If you did not consult an attorney prior to buying or selling a home or vacant land and you find yourself in a situation that may potentially lead to litigation involving property rights or zoning requirements, Seidl Law Offices, LLC, can help you as well.
Seidl Law Offices, LLC, is experienced in both negotiating settlements prior to having to go to court and, if necessary, in litigating real estate disputes and fighting for your rights in circuit court. Seidl Law Offices, LLC, is available to diligently and zealously represent you with regard to property line disputes, misrepresentations, and local and state zoning defense. Call Attorney Bryan S. Seidl of Seidl Law Offices, LLC, at (715) 365-9008 now for a FREE consultation and to learn more about how to protect your rights and your property, and save yourself time, MONEY, and emotional turmoil concerning your unique real estate.
An easement is “a liberty, a privilege, or an advantage in lands without profit and distinct from an ownership.” Grygiel v. Monches Fish & Game Club, Inc., 787 N.W. 2d 6, ¶13, 2010 WI 93 (Wis., 2010). Put another way, an easement gives a person or group of people the legal right to use a portion of land owned by another person or group – usually for a specific and limited purpose. There are different types of easements, each of which having its own particular set of standards, guidelines and rules to follow. There are express easements and implied easements, affirmative easements and negative easements, and easements by prescription. Easements are also “of two classes: easements appurtenant and easements in gross.” Id.
By their very nature, and because they involve two or more parties having property interests in the very same property, easements can become the source of confusion, disputes and litigation. Whether you own real estate that is subject to an easement that is the source of a dispute, or if you are someone who has the “dominant estate” (the person with rights to use the land of another) or the “servient estate” (the person who’s land is subject to an easement), Attorney Bryan S. Seidl has the knowledge and experience to assist you with negotiation of a fair and reasonable settlement or, if necessary, litigation in court. Call Attorney Bryan S. Seidl at Seidl Law Offices, LLC today for a FREE consultation concerning your real property interests. Call (715) 365-9008.
Has some other person or entity cut down trees and/or taken soil which were located on your land? Did you authorize cutting of trees or take down trees yourself which were located on someone elses land due to the lack of, or possible error in, a survey? The law of the State of Wisconsin does provide for recovery of the damages from a timber trespasser – someone who engages in the unauthorized cutting, removal or transportation of raw forest products – in the form of money to the landowner whose trees were improperly cut and/or taken. As with all legal issues, the law also provides defenses.
In some instances, the victims of “timber trespass” can recover from the “timber trespasser” double or quadruple the stumpage value OR double the fair market value PLUS certain economic damages resulting from the harvest, PLUS other reasonable and necessary costs, including the following:
- Costs of the repair of damage to, or cleanup on, the land from which the raw forest products were harvested
- Costs involved with the removal of slash from agricultural land, waterways, highways, private roads, trails or other sites where the slash would interfere with reforesting or replanting
- Costs in determining the fair market value, the stumpage value or the volume of the raw forest products that were harvested
- Costs in determining the location of the property boundaries necessary for determining whether a violation has occurred
- Costs involved in determining forest management or reforestation plans
- Costs for reforesting itself
- Costs for replanting by direct seeding or by use of seedlings
Last but certainly not least, the laws of timber trespass allow the court to award to the successful party in a timber trespass case court costs and reasonable attorney fees from the unsuccessful party if the unsuccessful party unreasonably refused, before commencement of the lawsuit, to pay a reasonable demand for monetary damages or to accept a reasonable offer of payment for monetary damages.
Attorney Bryan S. Seidl of Seidl Law Offices, LLC is knowledgeable and experienced in the law of timber trespass and is ready to help you protect your rights and recoup monetary damages in the event some unauthorized person has cut and/or removed trees and/or soil from your land. Attorney Seidl is equally ready and able to assist you in defending against unreasonable demands for payment in the event you mistakenly cut or removed trees and/or topsoil from someone else’s land. If your property has been violated by a “timber trespasser,” or if you have been accused of cutting or taking someone else’s trees without permission, contact Bryan S. Seidl at (715) 365-9008 today for help!
Purchasing or selling real estate in the current real estate market can be challenging. The decision to purchase or sell real estate is a important decision that can affect you and your loved ones for years to come. New requirements have forced Banks to tighten their lending practices to an extent that may limit or prohibit you from purchasing that piece of the American Dream. From a Buyer’s prospective, bank financing may not be available to you for one reason or another. Sellers may also find themselves in a position in which they have an interested Buyer, but the Buyer may not meet the strict financing requirements that you, as the Seller, may not require.
In that event, there is an alternative to bank or credit union financing: Seller financing in the form of a land contract. A land contract:
- allows you to sell or purchase a home or a piece of vacant land without having to satisfy the sometimes strict financing requirements of a bank, credit union or other lender; and
- allows both the Seller and Buyer the freedom to negotiate and determine the terms (interest rate, amount of time during which the land contract is in effect and the Buyer is paying the Seller monthly installments, etc.) of the agreement under which the property is financed; and
- allows you to avoid the costs and fees associated with financing the purchase through a bank or credit union
Through the use of a land contract, the Seller – and not a bank – actually “finances” the Buyer’s purchase of the property by essentially agreeing to receive a down payment and then receiving monthly payments PLUS agreed-upon interest for a set number of years; at the end of that number of years, the Buyer must come up with the balance owed or, in certain circumstances, may re-negotiate an extension of the land contract period. Once the entire purchase price is paid directly to the Seller, the Seller then gives the Buyer a Deed evidencing title to the property. Both the land contract and, once the property is paid for, the Deed are recorded with the county Register of Deeds office.
If you cannot satisfy the requirements of your bank or credit union, or if a Buyer who is interested in purchasing your property cannot meet such requirements for some reason, you can still purchase or sell real estate. Attorney Bryan Seidl is an experienced real estate attorney who can assist you in purchasing or selling real estate using a land contract. Call Attorney Bryan S. Seidl today at (715) 365-9008 for a FREE consultation.
SALE / PURCHASE:
Selling your home or vacant/hunting land or purchasing a new home or vacant/hunting land is usually an exciting event in people’s lives. It can also be an event which could very well lead to future legal trouble, attorney’s fees, costs and expenses if you do not understand the pitfalls sometimes associated with such transactions. Seller and Buyers alike need to be cautious when it comes to selling or purchasing real estate. Contact Seidl Law Offices, LLC, at (715) 365-9008 now for a FREE consultation and to learn more about how to protect your rights and save yourself time, MONEY, and emotional turmoil in the future concerning the sale or purchase of your home or vacant/hunting land.
Limited Liability Companies (LLCs)
If you own and operate a business as a sole proprietorship or partnership (unincorporated) and are considering incorporating the business or turning it into a limited liability company (“LLC”), there are certain requirements that your new business MUST comply with in order for your business to enjoy the “limited liability” advantage that is associated with incorporation or registering your business with the State of Wisconsin Department of Financial Institutions (“DFI”).
Unfortunately, many business owners believe that, in order to enjoy the benefits of “limited liability,” all one needs to do is simply fill out and file, for example, the Articles of Organization form with the DFI and pay the filing fee. What these business owners do not understand is that, while filing your businesses Articles of Organization with the DFI does effectively register the business as a Limited Liability Company with the proper Wisconsin agency, it does NOT, under the laws of the State of Wisconsin truly afford the business the limited liability protection that business owners are seeking without satisfying other necessary legal requirements.
In order to provide your business with true limited liability protection in the court system in the event some third party were to name your company AND you personally as a defendant in a lawsuit (thus putting not only the business assets but also your own personal assets – including your home, other real estate, bank accounts, etc. – at risk of being used to satisfy a potential judgment against you), your new LLC must, in addition to filing the Articles of Organization with the DFI and paying the filing fee, comply with a number of other requirements under the statutory and common laws of the State of Wisconsin. Without complying with these other requirements, the Judge in any potential, future lawsuit likely will allow a third party plaintiff who sued the LLC AND you personally to “pierce the corporate veil” of protection which is normally afforded to managing member-owners of compliant LLCs. If the Judge allows the third-party plaintiff to “pierce the corporate veil” of protection, you may be at serious risk of losing your home, your other assets, and/or facing bankruptcy.
Call Seidl Law Offices, LLC at (715) 365-9008 right now for a free consultation to learn more about how to protect your business and your own personal assets against the claims of others against the business and you! Seidl Law Offices, LLC, defers to your Certified Public Accountant (CPA) with regard to tax questions and implications concerning the conversion of your business to a Limited Liability Company.
Cottage / Cabin / Lake Home / Vacation Home / Vacant Land LLC
~ Be proactive and save your family vacation home, lake home, cottage, vacant hunting land, or second home from being a source of future family conflict with a “Cottage LLC”~
Often times people with vacation homes, lake homes, cottages, cabins, vacant hunting land or second homes like you decide to pass such properties along to their children or other family members. Once that decision is made, the question inevitably arises: How do I do that?
At Seidl Law Offices, LLC, we can make the transfer of your vacation home, lake home, cottage, cabin, vacant hunting land or second home easier, and in a manner that helps you and your children and family members avoid future legal problems by creating a “Cottage LLC.”
A sampling of the problems that can arise without a Cottage LLC:
- How to transfer ownership to multiple family members?
- What will happen when conflicts arise between the family members concerning the usage, maintenance and costs of the property?
- How will the family members make decisions concerning the usage, maintenance and costs involved with multiple owners of the property?
- How will the family member-owners share the costs and expenses of the property?
- How will the family member-owners share possession or usage of the property?
- How will the family member-owners share the maintenance responsibilities involved with the property?
- Will Family member-owner #1 be personally liable for injury or damages sustained by the friend or acquaintance that Family member-owner #2 brought to the property as a guest, after the guest injured him or herself as the result of alleged negligent maintenance of the property?
- How will issues such as the following be resolved without any legal document in the form of an agreement between the family member-owners:
- Family member-owner #1 wants to put on an addition to the property
- Family member-owner #2 also wants the addition, but cannot afford to contribute any money towards the project
- Family member-owner #3 never uses the property because he/she lives in another state and rarely comes to Wisconsin and, therefore, rejects the idea
- Family member-owner #4 has fallen on hard times and wants to sell his/her ownership interests to the others, but they don’t want to or cannot afford to buy Family member-owner #4’s interest
The solution is to retain Seidl Law Offices, LLC to set up a Limited Liability Company for your family vacation home, lake home, cottage, vacant hunting land, or second home. By doing so, we transfer ownership of the property to the family vacation home / cottage / cabin / lake home / hunting land LLC. Then we prepare an Operating Agreement – a very specialized Operating Agreement – which the Managing Members of the LLC sign, setting forth the rules under which the family members own, use, maintain and fairly pay the expenses of the family vacation home, lake home, cottage, cabin, vacant hunting land, or second home. A “Cottage/Cabin LLC,” “Lake Home LLC,” “Vacation Home LLC,” or “Vacant Hunting Land LLC” allows you to easily transfer part ownership in your property to multiple family members now OR in the future, and provides you and your loved ones with limited liability against claims by third parties. Let Seidl Law Offices, LLC help guide you in your succession planning for your cottage, cabin, lake home, camp, vacation home or hunting land.Call Seidl Law Offices, LLC now for a FREE consultation at (715) 365-9008!