Family & Divorce

RSS Link

Over its last several sessions, the Wisconsin Supreme Court has attempted to determine that burden of proof required during at dispositional phase of a termination of parental rights case in Wisconsin.

The Court first addressed this issue in June 2023 in its decision in State v. A.G.1 In a December 2023 article in this blog, my co-author Courtney L.A. Roelandts and I provided a detailed analysis of this case, which dealt with the issue of the burden…
Continue Reading Soon We May Soon Know the Required Burden of Proof in TPR Dispositional Hearings

A joint statement has been issued by the major LGBTQ+ legal advocacy non-profits, reaffirming their advice for LGBTQ+ families after the election: get a court order regarding your child. Before the election and after, for 20+ years, actually, this has been our advice at The Law Center. Even post-marriage equality, we felt a birth certificate alone is not enough. Nearly all LGBTQ+ legal advocacy non-profits have agreed with us for years. Now, several non-profits have just put out a…
Continue Reading Protecting Your LGBTQ+ Marriage and Family: A Comprehensive Resource

Are Accusations of Domestic Battery Public?
 Posted on December 16, 2024 in Criminal Defense
If you have been accused of domestic battery, you may be concerned not only about the serious criminal penalties you may face, but also about the potential implications for your life and career if the accusations become public. The potential personal, reputational, and financial consequences of a domestic battery charge becoming public information are significant, especially if the accusations are false. That is why it…
Continue Reading Are Accusations of Domestic Battery Public? 

Decisions involving cellphone and social media access for minor children have become one of the biggest aspects of parenting in today’s age. Those decisions impact everything from communication to safety to social development to mental health. Case law on the issue of cell phones and social media access is scant, which suggests these issues have not yet risen past the circuit court level. Without that guidance from upper courts, we should consider the Wisconsin statutes in crafting orders that…
Continue Reading Addressing Issues of Cellphones and Social Media Access in Custody and Placement

 
 Posted on December 09, 2024 in Divorce
Divorce can be a stressful process, but when high-value assets are at stake, it can be that much more complicated and expensive. For one, the assets involved in a high-net-worth divorce are worth a great deal of money. They can also be unique, encompassing anything from classic cars to intellectual property, to more traditional assets like real estate.

For another, high net-worth divorces can sometimes bring up privacy considerations due to…
Continue Reading Six Unique Expenses in a High Net-Worth Divorce 

https-www-wisbar-org-newspublications-publishingimages-article%20images-rondini_diane_1200x630-jpg

Diane Rondini, a retired public defender, has received the 2024 Robert E. Shepherd Jr. Leadership Award for Excellence in Youth Defense. Diane Rondini, a retired public defender and past chair of the State Bar of Wisconsin Children and the Law Section Board, has received the 2024 Robert E. Shepherd Jr. Leadership Award for Excellence in Youth Defense at the Gault Center’s Youth Defense Leadership Summit in Denver, Colorado, on Oct. 19, 2024. About the Award The Shepherd Award celebrates…
Continue Reading Diane Rondini Wins Prestigious Leadership Award for Excellence in Youth Defense

The results of the 2024 election are shocking, disturbing, and deeply saddening. We grieve the hope we felt and the future we thought was on the horizon.

We are also heartbroken at the number of inquiries our firm has received since the election and the fear we hear in people’s questions. We will continue to do everything we can to protect our clients and their families, no matter what the law says and who has been elected. Our…
Continue Reading Protecting LGBTQ2+ Families In Wisconsin after the 2024 Election

Protecting Your Privacy During High Asset Divorce
 Posted on November 07,2024 in Family Law
Making the decision to separate from your spouse can be a difficult process. Once you do make the decision, it will be helpful to think about how best to handle the separation and divorce proceedings. There are many factors to take into account, but one often overlooked but important issue is preserving your privacy during this stressful and challenging time–both potentially from your spouse and…
Continue Reading Protecting Your Privacy During High Asset Divorce

Do you ever read a statute looking for a straightforward answer – only to be left more confused?

My favorite legal exercise is when a particular statute directs you to a different statute which then directs you to yet another statute. Do you remember diagraming sentences in grade school? Perhaps I just showed my age, but I do my own version of diagramming to try and understand many of the statutes we use in family law practice.

Wis. Stat.
Continue Reading Revising Placement: The Harm Standard, Section 767.451, and the Two-year Limit

Posted on October 23,2024 in Divorce
As part of a divorce, legal separation, or paternity proceeding involving children, the court will determine the amount of child support a parent owes. Generally, after a court has entered an order for child support, the party paying child support must continue doing so according to the terms of the order or may be subject to criminal proceedings.

However, there are several instances where a legal right to terminate child support payments…
Continue Reading When May Child Support Payment Obligations End in Wisconsin?

The sibling bond is a fundamental aspect of human relationships. The bond often outlasts many other connections throughout a person’s life.

In the area of foster care and adoption, where stability and emotional support are important, the preservation of sibling relationships takes on an even greater significance.

As children navigate their self-discovery and personal development, the sibling relationship is a critical influence in their lives. Thus, understanding the impacts of sibling separation in foster care and adoption settings is…
Continue Reading The Sibling Bond: Its Importance in Foster Care and Adoptive Placement

 
 Posted on October 15,2024 in Divorce
Wisconsin offers two legal options to end your relationship with your spouse: legal separation or divorce. Both methods provide a legal means to deal with custody, the financial relationship between the parties, and child support. However, couples who choose to go through a legal separation remain married. There are some important differences between legal separation and divorce. An experienced Wisconsin divorce lawyer can help you decide the better route to take…
Continue Reading Legal Separation Versus Divorce in Wisconsin

In last month’s column, I made several very useful suggestions (if I may say so myself) to the Wisconsin Supreme Court for improvements during their new term. Shockingly, not one member of the court thanked me for the helpful advice, nor have they (so far) adopted any of my suggestions.

Since I’m sure this was simply an oversight and that the court welcomes my commentary, I would like to weigh in on a present case where the court…
Continue Reading Finality at last. Maybe.

The 2024-2025 term for the Wisconsin Supreme Court just began, and I thought it prudent to offer them some advice as to how to improve their performance this term.

No, they didn’t ask my opinion, and they’ve ignored my advice in the past.

But I’m sure that’s merely an oversight.

So here, as a public service, are five ways (there could be more, but my column has a word limit) for the Wisconsin Supreme Court to improve.
First
As…
Continue Reading Advice to the Wisconsin Supreme Court

In May 2024 in this blog, 1 my co-author Jenni Spies Karas and I warned that practitioners and judges should be mindful to cite the authority by which they are requesting or entering default judgment, pending the outcome of the Wisconsin Supreme Court case State v. R.A.M.

That caution has become a reality.

Courtney L.A. Roelandts, Marquette 2018, is the assistant managing attorney of the Children’s Court Guardian ad Litem Division of the Legal Aid Society of…
Continue Reading State v. R.A.M. and a Parent’s Right to Counsel in TPR Cases

Protecting your child will always be your number one job, even as they reach adulthood. Watching your child grow into an independent adult is a bittersweet milestone. While it’s exciting to see them spread their wings, it can also be challenging to adjust to the new dynamics of your relationship. One of the most significant changes is the shift in legal and medical responsibilities. Here are some things to consider when protecting your child as they transition into adulthood.
Continue Reading Protecting Your Child: Legal & Financial Steps for Adulthood