Some things sound better on paper than they turn out to be in real life.
Read More »LOOKING BACK ON A TOUGH YEAR: Appeals court doesn’t always hit mark with family law cases
Last month, I took a look at the Wisconsin Supreme Court decisions in family law in the past year.
Read More »LOOKING BACK: Court didn’t distinguish itself with family law in 2020
Typically, I end a year of columns with a review of the previous year.
Read More »Survey: More training needed for negotiations rather than litigation
Several months ago, my friend, Dr. Ken Waldron, a (semi) retired psychologist from Madison, and I were discussing the importance to children of their divorcing parents peacefully settling their disputes when Ken noted the lack of empirical data on settlement negotiations.
Read More »Court should clarify how legal separation should be treated in insurance contracts
The Wisconsin Supreme Court now has an opportunity to clarify an area of family law which very much needs clarifying.
Read More »WHO’S LIFE IS IT ANYWAY? ‘In between’ placement cases offer no easy answers
One of the most common questions clients ask me is: “When do the children get to make the decision as to placement?”
Tagged with: Family Law
Read More »Court’s decision to take up Facebook case doesn’t make much sense
On June 16, the Supreme Court of Wisconsin issued its opinion in Miller v. Carroll, 2020 WI 56, a case involving a judge’s decision to accept a Facebook friend request from a mother in a custody and placement dispute.
Tagged with: Family Law
Read More »With hardship, COVID-19 brings a few opportunities for legal practice
My mother used to say that it takes a very ill wind to blow no good.
Tagged with: Family Law
Read More »NEGOTIATING THEIR DIFFERENCES: How men, women bring different strengths to the table
In the movie “A Marriage Story,” a female lawyer (played by Laura Dern, who won the Academy Award for Best Supporting Actress) is incredibly compassionate toward her client, saying she will move forward with the divorce, “as gently as possible.”
Read More »Supreme Court wastes time on decision in first family-law case in eight years
It has been eight years since the Wisconsin Supreme Court accepted a review of a family-law case, other than regarding grandparent visitation.
Read More »How support has changed in the age of COVID-19
Although I’m normally not one to bemoan the “good old days” gone by, there are instances in which I do. And given the unprecedented and unusual circumstances surrounding the COVID-19 outbreak as it affects the legal system, one such instance comes to mind.
Tagged with: divorce Family Law
Read More »AVOID THE ‘F’ WORD: What’s ‘fair’ got to do with it?
Recently, a default divorce hearing fell through because the judge in the case had the temerity to ask a party whether she thought the proposed settlement was fair.
Tagged with: divorce Family Law
Read More »A MARRIAGE STORY: Does recent film offer Hollywood view of divorce, or is it close to real life?
Although I consider myself a movie buff, I typically dislike movies about lawyers and the legal system. For example, although Paul Newman (a great actor) was nominated for the Academy Award for playing a lawyer in “The Verdict”, I found the movie irritating (at best). Apparently, the rules against ex parte contact with the court were unknown to the script writers.
Read More »2019 IN REVIEW
After a year of writing this column for the Wisconsin Law Journal, it is time to take a look back at the main issues for the year. This affords me the opportunity of taking another kick at such cats as seem to warrant another kick.
Read More »Who wants to be friends – with a judge?
On Jan. 13, 2020, the Wisconsin Supreme Court will hear oral arguments on the question of who can be friends with a judge – at least in the cyber world. The implications of the case may affect the use of ESM (Electronic Social Media) by judges and bring into play the adage “bad facts make bad law”.
Tagged with: Family Law Gregg Herman
Read More »Most family law cases now settle. Here are some tips on doing it right.
The greatest change in the practice of family law in recent years has been the incredibly higher rate of resolution versus settlement.
Tagged with: Family Law Gregg Herman
Read More »THE MAGIC OF MEDIATION: Litigation rates in family law decline in favor of settlements
Among the changes in the practice of family law over the years (and there have been many) none have been as significant as the transition of the practice from litigation focused to settlement focused.
Tagged with: Family Law Gregg Herman
Read More »Family-law case raises questions about mandatory court rulings
The Wisconsin Supreme Court does not accept many family-law cases (the last one, other than one regarding grandparent visitation, was McReath v. McReath, 2011 WI 66, 335 Wis.2d.643, 789 N.W. 89 eight years ago).
Read More »Should courts ever grant grandparents’ visitation rights against parents’ wishes?
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.
Read More »Choice of jobs in a time of full employment
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 »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
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