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Author Archives: GREGG HERMAN

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.

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FAMILY LAW: 10 things divorce lawyers should say

Smart Money Magazine recently published an article titled “10 Things Divorce Attorneys Won't Say.” My response: If there are things divorce lawyers won’t tell their clients, it’s probably because they’re untrue.

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Court has chance to settle big issue

Could it be that our Supreme Court, which has gone over two years without deciding a single significant family law case, could have not one, but two such cases before it in the present term? Am I dreaming?

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Spousal maintenance an ongoing concern

There's an old joke about a husband not wanting to pay his wife any maintenance. The judge, after hearing the evidence, finds she is entitled to support and says, "I'm going to give her $1,000 per month." The husband responds, "Damn nice of you, judge. I'll kick in a couple hundred bucks of my own."

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Commentary: Ruling sets bar for full payment

Last year in this column, I raised the question of whether the costs for violating a court order, including attorney fees, would constitute “continuing contempt” in order to assure that a victim would be made whole. (“When is Contempt Continuing?” Wisconsin Law Journal, Aug. 24, 2009.) While not directly addressing the issue of continuing contempt, a recent decision by the ...

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Commentary: Family law still needs to follow rules

Every once in a while, it seems, the Wisconsin Court of Appeals needs to remind trial courts that family-law cases are really lawsuits. While they differ from other areas of law in certain ways, namely the familiarity of the parties with each other, they are still court proceedings and as a result, certain rules apply — such as court orders ...

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Time to move forward together

Gregg Herman Over the past few weeks, this column has examined the relationship between family law attorneys and mental health professionals. We have examined the issues from the perspective of studies of family law processes and of the use of mental health professionals in the legal process. Now, how can lawyers and mental health professionals work together in the future ...

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