Wisconsin Law Journal – WI Legal News & Resources Wisconsin Legal News & Resources
One of the expected consequences of the COVID epidemic was disputes between parents regarding parenting children.
Tagged with: Gregg Herman
Read More »COVID AND CUSTODY: Surprising lack of litigation among parents over vaccines, masks
ZOOM, ZOOM, ZOOM: Sometimes, in-person is better
In a previous column, I commented that one of the few silver linings of the dark, dark cloud called Covid-19 is that it has led to an increased use of technology, such as Zoom, and the resulting avoidance of unnecessary costs.
Tagged with: Gregg Herman
Read More »Being a little married
There is a saying that you cannot be a little bit pregnant. Well, apparently, you can be a little married.
Tagged with: Gregg Herman
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 »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 »High court to make rare examination of prosecutors’ ethical duties in discovery
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
Read More »Who’s Doing What: Clifford named NBTA president; Renouard named Centro Legal’s executive director
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
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: 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 »Analysis: Employees must keep beneficiary designations updated
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
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
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