Family & Divorce

Attorney Katie Harrell presents on family law mediation and arbitration for State Bar
Attorney Katie Harrell will present as part of a panel on Thursday, June 20, at the State Bar of Wisconsin’s Annual Meeting and Conference in Green Bay. Her presentation is part of a three-day program of CLEs and other sessions for legal professionals. “Point/Counterpoint: Advantages and Pitfalls of the Mediation/Arbitration Hybrid Process” will outline how alternative dispute resolution, particularly arbitration, is gaining traction in
Continue Reading Attorney Katherine Harrell Presents at State Bar of Wisconsin’s Annual Meeting

Transracial adoption has elicited strong responses for over five decades, with the country split between two extreme ends of the spectrum. On one end, transracial adoption is compared to cultural genocide, while on the other, transracial adoption provides children of color with better opportunities and diverse cultural experiences.1 There is little agreement regarding transracial adoption. However, what is certain is that colorblindness and a lack of cultural competency pose significant threats to children who are transracially adopted. A
Continue Reading Colorblindness and Cultural Competency in Transracial Adoptions

Posted on June 17, 2024 in Divorce
If you are planning to get a divorce, you will need to address various financial concerns as you determine how to divide your marital property. These issues can become more complicated if you are concerned that your spouse is attempting to hide assets. Uncovering these hidden assets is crucial to ensure a fair settlement, but determining the best ways to do so is not always easy. An experienced divorce attorney
Continue Reading 8 Ways to Uncover Hidden Assets During Your Divorce

During the divorce process, there are numerous issues related to your property and finances that may arise. As you work to divide your marital property, some of the most pressing issues that you will need to address will be related to your family home. Whether you owned your home before getting married or purchased it during your marriage, decisions will need to be made about the ownership of the property going forward. An experienced attorney can help you
Continue Reading Can I Keep My Wisconsin Home After Getting Divorced?

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By Attorney Gregg HermanJune 10, 2024

Remember when your kid wanted to throw a birthday party, and they had to invite the whole class? You know, because it was the right thing to do? Yes, even that kid that no one liked got an invite, and the party went off without a hitch.
The Wisconsin State Bar Association is throwing a party soon—and Wisconsin Law Journal isn’t invited.
The
Continue Reading WLJ not invited to the party: State Bar closes doors to media

Love is love, but estate planning for the LGBTQ+ community can be more complex than it should be. While significant strides have been made towards equality, there are still legal nuances to consider to ensure your wishes are respected and your loved ones are protected.
This blog post will explore some key elements of LGBTQ+ estate planning and the language that can empower you to build a secure future for yourself and your family.
Why is Estate Planning Important
Continue Reading Estate Planning for the LGBTQ+ Community

There are a lot of differing opinions about whether one custodial parent may make a major decision for a child independently and without the involvement and consent of the other custodial parent. The history of joint custody and placement in Wisconsin is an evolving one. Father to Mother to Equal In summer 1983, the
​Marquette Law Review published an article that compared approaches to joint custody and shared parental responsibility in both Wisconsin and Florida. At that time, the
Continue Reading Equal But Not Separate: Joint Custody Means Both Parties Must Agree

Posted on May 29, 2024 in Criminal Defense
Kidnapping is a serious crime. However, what most people believe to be kidnapping may not necessarily fall within the definition of this offense under Wisconsin law. In fact, most kidnapping cases are related to child custody disputes, and parents or other family members or friends who deny a parent access to his or her child may be charged with child abduction or interference with custody.

For those who have been
Continue Reading When Can Someone Be Charged With Kidnapping in Wisconsin?

A parent in a termination of parental rights proceeding has a near absolute statutory right to counsel, pursuant to Wis. Stat. section 48.23. Case law establishes that a parent’s statutory right to counsel is not limited to those who appear in person, and that such a right can withstand default judgment.1Wis. Stat. Section 48.23(2)(b)3 In response to these cases, the Wisconsin Legislature amended the statutes to create a process by which a parent may presumptively waive their
Continue Reading ‘Egregious’ and Accidental Waiver of Counsel in TPR Cases

Prenuptial agreements, commonly referred to as “prenups,” are legal agreements that couples may enter into before marriage. A prenup may protect assets belonging to either spouse and determine how certain issues will be handled if the couple chooses to get a divorce.

While these agreements can be valuable tools for protecting the interests of both parties, there are circumstances under which a court in Wisconsin may declare that a prenup is invalid. Understanding these circumstances is essential
Continue Reading When Can a Wisconsin Court Rule That a Prenup Is Invalid?

Counting an item as an asset (usually a pension) to be divided in property division, then also as income available for maintenance, is generally prohibited as “double counting.”1 However, this rule is not absolute. “When analyzing whether there has been double counting, the focus should be on fairness, not rigid double-counting rules.”2 In the last 60 years, courts have carved out various exceptions:
Income from a pension. In a case involving property, maintenance, and child support, income
Continue Reading Property Division: Exceptions to the Double Counting Rule

Posted on May 06, 2024 in Divorce
Getting a divorce is likely to be a challenging process, and as you prepare for the end of your marriage, you may face both emotional and financial uncertainties. One concern you may have is whether you will be required to pay alimony, which is also known as spousal support, spousal maintenance, or simply as “maintenance.” Understanding the factors that influence maintenance decisions in Wisconsin can help you prepare for what lies
Continue Reading Will I Be Required to Pay Alimony After My Divorce in Wisconsin?

When parents go through a divorce, some of the most crucial issues they will need to address will be related to child custody. Most of the time, parents will have shared or joint custody of their kids, giving them both the right to be involved in major parenting decisions and ensuring that they will each have sufficient time with their children. However, sharing child custody is not just about adhering to a legal agreement; it is about
Continue Reading 6 Tips for Sharing Child Custody Effectively

Wisconsin families, like those across the country, can be made up of many different arrangements – the result of active decisions or convenience.

For unmarried couples in Wisconsin, navigating breakups poses unique legal challenges. Every so often, this results in ideas around “palimony” – the marriage of the words “pal” and “alimony” – to address financial support or property division between unmarried adults separating after a period of cohabitation.

While this circumstance may be covered by protections of common
Continue Reading Navigating Breakups for Unmarried Couples in Wisconsin

For parents who are involved in family law cases, child support is likely to be a crucial issue that will need to be addressed. Child support ensures that children’s ongoing needs will be met. Payments made by one parent to the other may be used to cover regular expenses, including food and clothing, as well as housing expenses such as rent and utilities. Additional expenses may also be addressed, such as those related to education, activities, medical care, and
Continue Reading 3 Examples of How Child Support May Be Calculated in Wisconsin

Issues related to child support often play a crucial role in family law cases. The costs of raising children can be significant, and they should be shared by both parents. For those who are going through a divorce or who need to resolve child custody issues as unmarried parents, it is important to understand the methods that will be used to calculate child support under the guidelines provided in Wisconsin law. An experienced attorney can assist with these matters,
Continue Reading How Is Child Support Calculated Under Wisconsin’s Guidelines?