The greatest change in the practice of family law in recent years has been the incredibly higher rate of resolution versus settlement.
Read More »Tag Archives: Gregg Herman
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.
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.
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.
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.
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).
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?
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
FAMILY LAW: The problem with prenups
Prenuptial agreements designed to govern a future divorce are strange animals.
FAMILY LAW: The marriage that shouldn’t be
I remember learning on the first day of law school that “bad facts make bad law.”
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.
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.
Read More »FAMILY LAW: Wis. needs to reconsider placement law
It is time for Wisconsin to reconsider the law regarding contingent placement orders.
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?”
FAMILY LAW: Comparing Wisconsin’s practices nationally, internationally
One of the delights of attending a bar association meeting is seeing new places.
FAMILY LAW: Relationships are at the crux of family law settlements
I feel like a new mom.
Read More »State Supreme Court dismisses complaint against family-law practitioner
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.
Read More »FAMILY LAW: Why collaborative divorce continues to decline in popularity
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.
FAMILY LAW: New group to help resolve family conflicts
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.
FAMILY LAW: The good, bad and ugly family court opinions of 2012
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.