Wisconsin Law Journal – WI Legal News & Resources Wisconsin Legal News & Resources
When it comes to employment choices, having a support obligation means that the good ol' USA is no longer a free country.
Tagged with: Employment Family Law Gregg Herman jobs
Read More »Choice of jobs in a time of full employment
New removal law ignores certain realities
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.
Tagged with: Family Law Gregg Herman
Read More »Fathers’ rights groups too often overlook children’s interests
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.
Tagged with: domestic abuse Family Law Gregg Herman
Read More »Legislation dealing with domestic abuse, custody not having intended effect
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).
Tagged with: domestic abuse Family Law Gregg Herman
Read More »FAMILY LAW: Court to look at when grandparents’ visitation rights can infringe on children’s well-being
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 ...
Read More »FAMILY LAW: Rewriting the book on marriage
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.
Tagged with: divorce Family Law gay marriage Gregg Herman U.S. Supreme Court
Read More »FAMILY LAW: Lawyers shouldn’t rely on appeals court to bail them out
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.
Tagged with: child support Family Law Life insurance
Read More »FAMILY LAW: A handy decision for divorcees considering a move
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.
Tagged with: divorce Family Law Gregg Herman
Read More »FAMILY LAW: A troubling gray area in divorce cases
Gray areas are seldom helpful in family law, as divorced parties benefit by definition.
Tagged with: Family Law Gregg Herman Loeb & Herman Patricia Curley retirement
Read More »FAMILY LAW: Appeals court erred in joint custody decision
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
Read More »FAMILY LAW: Wis. should protect children from parents’ fighting
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.
Tagged with: Family Law Gregg Herman Loeb & Herman
Read More »FAMILY LAW: Divorce ‘documentary’ shows little to no reality
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.
Tagged with: divorce Family Law Gregg Herman
Read More »FAMILY LAW: Leave child support legislation alone
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
Read More »FAMILY LAW: What our practice area needs for the holidays
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.
Tagged with: Family Law Gregg Herman
Read More »FAMILY LAW: Appeals decision could alter post-judgment modification cases
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
Read More »FAMILY LAW: Appeals court reaches correct conclusion in confusing way
The statutes regarding post-judgment modification and removal are confusing. And unfortunately, a recent Court of Appeals decision makes them even more so.
Tagged with: District 3 Court of Appeals Family Law Gregg Herman Michael Bloom Michael Hoover
Read More »FAMILY LAW: The problem with prenups
Prenuptial agreements designed to govern a future divorce are strange animals.
Tagged with: Family Law Gregg Herman JoAnne Kloppenburg Loeb & Herman Todd Bjerke
Read More »FAMILY LAW: The marriage that shouldn’t be
I remember learning on the first day of law school that “bad facts make bad law.”
Tagged with: Annette Ziegler David Prosser Family Law Gregg Herman Michael Gableman Wisconsin Supreme Court
Read More »FAMILY LAW: State justices’ decision on custody agreement leaves large gap
Apparently our state Supreme Court does recognize, after all, the rights of people to privately agree on their own affairs.
Tagged with: Alan White Annette Ziegler Family Law Gregg Herman Wisconsin Supreme Court
Read More »FAMILY LAW: Wis. needs to reconsider placement law
It is time for Wisconsin to reconsider the law regarding contingent placement orders.
Tagged with: Family Law Gregg Herman Loeb & Herman
Read More »FAMILY LAW: What causes divorce
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?”
Tagged with: divorce Family Law Gregg Herman
Read More »FAMILY LAW: Comparing Wisconsin’s practices nationally, internationally
One of the delights of attending a bar association meeting is seeing new places.
Tagged with: ABA CLE Defense of Marriage Act Family Law Gregg Herman Loeb & Herman U.S. Supreme Court
Read More »FAMILY LAW: Relationships are at the crux of family law settlements
FAMILY LAW: Why collaborative divorce continues to decline in popularity
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.
Tagged with: divorce Family Law Gregg Herman
Read More »FAMILY LAW: New group to help resolve family conflicts
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
Read More »FAMILY LAW: The good, bad and ugly family court opinions of 2012
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.
Tagged with: Family Law Gregg Herman Wisconsin Supreme Court
Read More »FAMILY LAW: Court of Appeals decision creates family law problems
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
Read More »FAMILY LAW: Disability payments, a bitter ex and lessons learned
Some times the lessons from caselaw could not be more obvious.
Tagged with: Elsa Lamelas Family Law Gregg Herman Loeb & Herman
Read More »FAMILY LAW: Personal proclivity of judges plays a role in cases
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.
Tagged with: Brian Blanchard District IV Court of Appeals Family Law Gregg Herman Loeb & Herman
Read More »FAMILY LAW: State needs to divorce itself from these family law rules
I recently gave the Wisconsin Court of Appeals credit for changing, perhaps intentionally or inadvertently, one of the sillier family law rules in Wisconsin with its decision in Tierney v. Berger, No. 2011AP565.
Tagged with: appeals court Family Law Frisch v. Henrichs Gregg Herman Loeb & Herman
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