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

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

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

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

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

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

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

Should Wisconsin prosecutors be held to a higher ethical standard than their constitutional obligation to disclose evidence to criminal defendants?

Tagged with: Gregg Herman office of lawyer regulation OLR Richard Cayo Robert Zapf Sharon Riek Stacie Rosenzweig Wisconsin Supreme Court

Clifford & Raihala senior partner Keith Clifford has been named president-elect of the National Board of Trial Advocacy.

Tagged with: Christopher Rundell Darin Harmon Foley & Lardner Gregg Herman Keith Clifford Loeb & Herman Mallery & Zimmerman Nicole Renouard Ruder Ware

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

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

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.

Tagged with: Family Law Gregg Herman Loeb & Herman

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

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.

Tagged with: Family Law Gregg Herman

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.

Tagged with: District 3 Court of Appeals Family Law Gregg Herman Michael Bloom Michael Hoover

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.”

Tagged with: Annette Ziegler David Prosser Family Law Gregg Herman Michael Gableman Wisconsin Supreme Court

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

It’s fair to assume Warren Hillman never intended that the proceeds of his federal employee life insurance policy would go to his ex-wife when he died unexpectedly in 2008.

Tagged with: ERISA Gregg Herman Loeb & Herman Sonia Sotomayor U.S. Supreme Court

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

Tagged with: Family Law Gregg Herman Loeb & Herman

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

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

I feel like a new mom.

Tagged with: ABA Family Law Gregg Herman

A veteran Milwaukee family-law practitioner has been cleared of ethics-violation charges regarding reimbursements he sought for his attendance and service at numerous American Bar Association events.

Tagged with: ABA Gregg Herman Halling & Cayo OLR Richard Cayo Wisconsin Supreme Court

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

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