Legal Myths You Shouldn’t Believe In Wisconsin

When it comes to Wisconsin law, there’s misinformation everywhere, from Social Media, to the conversations at the supper club, & the ice rink. We’ll break down some of the most common myths below.

Legal myths can lead to costly mistakes, preventable disputes, or even unnecessary stress. Understanding the truth behind common misconceptions can empower you to navigate the Wisconsin legal system with confidence. Here are some of the most pervasive legal myths in Wisconsin—and the facts that debunk them.

Myth #1: “Mothers Always Get Custody in a Divorce”

Fact: In Wisconsin, child custody decisions are based on the best interests of the child, not the gender of the parent. Courts consider various factors, including the child’s relationship with each parent, the home environment, and the ability of each parent to meet the child’s needs. Equal placement is often the starting point for custody discussions, but the final arrangement depends on what’s best for the child.

Myth 2: “You Don’t Need an Attorney for a Simple Divorce”

Fact: Even in cases where both parties agree, divorces can quickly become complicated. Issues like property division, custody agreements, and spousal maintenance require careful legal consideration. An attorney ensures that your rights are protected and that all agreements are legally enforceable.

Myth 3: “You Can’t Refuse to Talk to the Police”

Fact: You have the right to remain silent. In Wisconsin, you are not required to answer questions from law enforcement without an attorney present. Politely but firmly state that you wish to remain silent and consult a lawyer before providing any information.

Myth 4: “Verbal Agreements Are Legally Binding”

Fact: While some verbal agreements may be enforceable, Wisconsin law typically requires contracts involving significant sums of money or long-term commitments (like real estate or employment agreements) to be in writing. Relying on verbal agreements can lead to disputes and legal complications.

Myth 5: “I Can Handle My Criminal Case Without a Lawyer”

Fact: Representing yourself in a criminal case is risky. Wisconsin’s legal system is complex, and even minor errors can have serious consequences. An attorney understands procedural rules, plea bargaining, and strategies to build a strong defense, ensuring you have the best chance of a favorable outcome.

Myth 6: “You Can’t Change a Child Support Order Once It’s Set”

Fact: Child support orders can be modified if there’s a significant change in circumstances, such as a change in income or increased needs for the child. Wisconsin law allows either parent to petition the court for a modification, but it’s important to have legal guidance to ensure a smooth process.

Myth 7: “Police Need a Warrant to Search My Car”

Fact: In Wisconsin, law enforcement officers can search your car without a warrant under certain circumstances, for example, if they have probable cause to believe it contains evidence of a crime. Understanding your rights during a traffic stop is crucial to protecting yourself from unlawful searches.

Myth 8: “Estate Planning Is Only for the Wealthy”

Fact: Estate planning is essential for anyone who wants to ensure their wishes are carried out after their death. It’s not just about money—it’s about protecting your loved ones, naming guardians for minor children, and designating healthcare decisions.

Myth 9: “A First OWI Offense Isn’t a Big Deal”

Fact: In Wisconsin, even a first OWI (Operating While Intoxicated) offense can have serious consequences, including fines, license suspension, and increased insurance premiums. Repeat offenses carry harsher penalties. Consulting an attorney immediately is critical to understanding your options.

Myth 10: “Legal Cases Always Go to Trial”

Fact: The vast majority of legal cases in Wisconsin are resolved through settlements, mediation, or plea deals, rather than going to trial. While trials do happen, they are often a last resort when other negotiations fail.

Understanding the truth behind these legal myths is the first step to protecting your rights and making informed decisions. Whether you’re facing a legal issue or simply have questions, Gerard Law Firm is here to help. Contact us today to schedule a consultation and get the reliable guidance you need.