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).

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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.

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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.

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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.

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Gray areas are seldom helpful in family law, as divorced parties benefit by definition.

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In a recent opinion the District 4 Court of Appeals misapplied Wisconsin statutes regarding the meaning of joint custody.

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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.

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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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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.

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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.

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The statutes regarding post-judgment modification and removal are confusing. And unfortunately, a recent Court of Appeals decision makes them even more so.

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Prenuptial agreements designed to govern a future divorce are strange animals.

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I remember learning on the first day of law school that “bad facts make bad law.”

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Apparently our state Supreme Court does recognize, after all, the rights of people to privately agree on their own affairs.

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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.

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

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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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One of the delights of attending a bar association meeting is seeing new places.

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I feel like a new mom.

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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.

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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.

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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

As a family law attorney, I prefer when the courts get it right. It makes it much easier to practice law when there is consistency.

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At first blush, a recent Wisconsin Court of Appeals decision doesn’t appear to affect family law cases at all.

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Some times the lessons from caselaw could not be more obvious.

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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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I recently gave the Wisconsin Court of Appeals credit for changing, perhaps intentionally or inadvertently, one of the sillier family law rules in Wisconsin with its decision in Tierney v. Berger, No. 2011AP565.

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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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