In law, as in many things in life, some ideas are better in theory than in practice. It is not uncommon that the Legislature, which has precious few lawyers (most sessions have ten or fewer lawyers out of 133 state Senators and Representatives, and almost none of them has ever been in the private practice of law), passes legislation which sounds good on its face but has a different practical effect. The phrase which attaches to such legislation is “the law of unintended consequences.”

Tagged with: divorce Family Law Gregg Herman

In late March, as people in China emerged from coronavirus quarantines, lawyers watched divorce rates skyrocket in many Chinese cities. Statistics about the increase quickly spread online.

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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.

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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.

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Grant Zielinski knows he needs to do a little explaining when responding to the question: What do you do for a living?

Tagged with: Asked & Answered divorce Divorce Financial Solutions LLC Family Law Grant Zielinski

Couples who get divorced would no longer have to wait six months before remarrying under a bill approved by the Wisconsin Assembly.

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When it comes to divorce, it’s not enough anymore to know the ins and outs of child custody or the complexities of the law governing property divisions.

Tagged with: divorce Divorce Financial Solutions Family Law Garrick Zielinski Susan Hansen

In a rare unanimous decision, the Wisconsin Supreme Court construed the meaning of the statute on grandparents’ visitation rights after a divorce.

Tagged with: Bench Blog David Prosser divorce Family Law Jean DiMotto visitation rights William Hue Wisconsin Supreme Court

Before a recent rule change, the chances were slim that the parties in a divorce case could find lawyers to represent them pro bono.

Tagged with: divorce Family Law Hawks Quindel Kathy Charlton Legal Action of Wisconsin Maggie Niebler-Brown Mike Dwyer pro bono

Men's Divorce School, a free seminar presented July 7 in Milwaukee by the domestic litigation firm Cordell & Cordell, will provide a crash course in Divorce 101.

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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

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

While fewer people are getting married in Wisconsin, divorces also continue to decline.

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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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Recently a woman, despite her basic fears, called me to discuss divorce mediation.

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Nearly 15 years after the Indiana Supreme Court launched its Family Court Project, 22 counties — including Lake and Porter — are working toward a kinder, gentler, more holistic way to resolve family crises, court officials say.

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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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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

2012AP102 Montalvo v. U.S. Title & Closing Services, LLC

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2011AP623, 2011AP2617 In re the marriage of: Symdon v. Symdon

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2011AP2433 In re the marriage of: Kittelson v. Kittelson

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A divorced father could claim a dependency exemption on his federal income taxes – even though his child’s mother refused to sign the form ordinarily required by the IRS for such exemptions, the U.S. Tax Court has ruled.

Tagged with: child support divorce Income tax U.S. Tax Court

Public policy does not prohibit the parties to a divorce stipulating to an unmodifiable, limited-duration floor on the husband’s child support obligation, the Wisconsin Supreme Court has ruled in affirming judgment.

Tagged with: child support divorce May v. May Supreme Court

Is maintenance still relevant in the 21st Century?

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A Connecticut judge recently ordered a divorcing couple to share their Facebook and other online social media passwords.

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2010AP3135 In re the marriage of Kettner v. Kettner

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2011AP508-FT In re the marriage of: Wirtz v. Wirtz

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2011AP574-FT In re the marriage of: Johnson v. Dostal

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A few years ago, it appeared that collaborative divorce, and its cousin, cooperative divorce, would be the "new thing," revolutionizing the practice of divorce in Wisconsin.

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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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