Wisconsin Law Journal – WI Legal News & Resources Wisconsin Legal News & Resources

It is rare enough that the Wisconsin Supreme Court decides a family-law case (the last one of any significance was McReath eight years ago) and even more rare when the case involves issues of constitutional law. The court’s recent decision in Michels v. Kelsey, 2019 WI 57 also involves issues of the nature of family in our society and the effect of the legal system on families.

When it comes to employment choices, having a support obligation means that the good ol' USA is no longer a free country.

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It’s not that the previous law on relocation was perfect, but the new version, while improving on certain aspects, violates what should be a principal tenet for legislation: Don’t adopt laws, at least parts of which, everyone is just going to ignore.

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With a new legislative session underway, once again there are efforts to require Wisconsin family courts to order equal physical placement in every – or virtually every – case.

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An interesting article recently appeared in the Wisconsin Lawyer concerning domestic abuse and child custody: Meuer, Gibart & Roach, “Domestic Abuse: Little Impact on Child Custody and Placement”, Wisconsin Lawyer, Vol. 91, No. 11 (December, 2018).

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On Nov. 7, the Wisconsin Supreme Court will hear oral arguments in a grandparent-visitation case, Michels v. Lyons, 2017AP1142. This case affords the Supreme Court an opportunity to affect the law in an important and highly emotional area. In the ...

With same-sex marriage now legal in 36 states -- and probably legal in all 50 after the U.S. Supreme Court rules next summer -- same-sex divorces will follow in due course.

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It is common, where there are minor children, for a divorce agreement to require at least the payor of child support and sometimes both parties to maintain life insurance with the children as beneficiaries.

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If you tell the child’s other parent where you intend to move the child, permission to remove is specific to that location. The removing parent doesn’t have carte blanche to move wherever he or she chooses.

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Gray areas are seldom helpful in family law, as divorced parties benefit by definition.

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In a recent opinion the District 4 Court of Appeals misapplied Wisconsin statutes regarding the meaning of joint custody.

Tagged with: District 4 Court of Appeals Family Law Gregg Herman Jon Counsell

Everyone agrees that protecting children is a primary goal of our family law system. The difficulty is defining what is truly “best” for children, in order to achieve their best interests.

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Now that we’re in the thick of winter and as Oscar season approaches, thoughts turn to spending some time at the warm local cinema for diversion.

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So-called "constituent bills" are rather common in the family law field. They are introduced by legislators who want campaign contributions and don't like to say "no" to anyone who gives them.

Tagged with: child support Family Law Gregg Herman Joel Kleefisch

At this time of year, it’s common to see “wish lists” for various people or groups. That got me thinking (a dangerous, if rare, thing) of what “wish list” could be devised for those in the family law field.

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A recent Wisconsin Court of Appeals case in a mental commitment action may have significant implications for post-judgment modification cases in family law in this state.

Tagged with: Daubert Family Law Gregg Herman Stafford Rosenbaum

The statutes regarding post-judgment modification and removal are confusing. And unfortunately, a recent Court of Appeals decision makes them even more so.

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Prenuptial agreements designed to govern a future divorce are strange animals.

Tagged with: Family Law Gregg Herman JoAnne Kloppenburg Loeb & Herman Todd Bjerke

I remember learning on the first day of law school that “bad facts make bad law.”

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Apparently our state Supreme Court does recognize, after all, the rights of people to privately agree on their own affairs.

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It is time for Wisconsin to reconsider the law regarding contingent placement orders.

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Perhaps the two most common questions I am asked by people who learn that I am a divorce lawyer are: “What causes most of the divorces I handle?” and “How can I prevent becoming one of your clients?”

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One of the delights of attending a bar association meeting is seeing new places.

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I feel like a new mom.

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Few articles I’ve written have resulted in as much feedback as a June 8, 2011, piece I did on a collaborative case filings in Waukesha County.

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Frequently when talking to a client, I feel that I am practicing more psychology than law. In fact, in some cases, it’s a true pleasure when we get to the legal issues involved, as opposed to the emotional ones.

Tagged with: ABA Family Law Gregg Herman Michael Dwyer

As a family law attorney, I prefer when the courts get it right. It makes it much easier to practice law when there is consistency.

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At first blush, a recent Wisconsin Court of Appeals decision doesn’t appear to affect family law cases at all.

Tagged with: Family Law Gregg Herman Joan Kessler John Siefert Loeb & Herman Wisconsin Court of Appeals

Some times the lessons from caselaw could not be more obvious.

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As a sports fan, it’s frustrating to watch Olympic events that have subjective scoring, such as gymnastics and my favorite, synchronized swimming (is that really a sport?). It is so much easier to determine winners and losers where the results are objective, like in swimming and track and field.

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