May is Mental Health Awareness Month, a time to spotlight the importance of emotional well-being and to empower and advocate for those living with mental health conditions. At our firm, we recognize that when people think of disability benefit claims, mental health conditions are often overlooked. Yet these conditions can be every bit as disabling as physical injuries — and in the case of law enforcement officers, the mental toll of the profession can be particularly devastating.
Police officers
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COA rejects numerous IAC claims, affirms jury verdict in TPR appeal
Marathon County v. S.S., 2024AP1866, 5/8/25, District III (1-judge decision, ineligible for publication); case activity
“Sean” appeals orders of the circuit court terminating his parental rights to his daughter, “Zoey,” and denying his motion for postdisposition relief. He argues that he was denied effective assistance of counsel in four respects during the grounds trial, and that he was prejudiced by the individual and cumulative effects of counsel’s deficient performance. COA rejects Sean’s first two IAC claims and concludes
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Factoring in the Factors #1: Parent’s Wishes
In Wisconsin, Wis. Stat. 767.41(5) sets forth a list of factors that the court-appointed Guardian ad Litem is to apply in arriving to their recommendations as to what they believe is in “the best interest” of the minor child or children as it relates to custody and placement disputes. Ultimately the Court will also come to its own determination after considering the GAL recommendation and arguments presented by both parties.
The first factor, Wis. Stat. 767.41(5)(am)1 states that “The
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GAL Friend or Foe
The Guardian ad Litem (GAL) is the court-appointed attorney to represent the best interests of a ward, child, or an incompetent adult. Importantly, their intended role is to apply the “best interest” standards. During their investigation, they may conduct interviews directly with the child, their relatives, teachers, counselors, and other individuals. Through their unique position, they will have access to review medical, school, and court records and documents to arrive to their recommendation. Ahead of an initial hearing, if
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120 Days until your divorce date
In the state of Wisconsin, by statute, 120 days must pass from the date of filing until the Courts are authorized to finalize a divorce. These 120 days are often considered as the “cooling-off period” in the divorce. If parties have a change of heart, either one may request to postpone proceedings to allow for reconciliation. This puts the Court on notice that no further hearings are needed to allow the parties to attend couple’s therapy or resolve their
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Waiting for All Issues to Resolve? You May Miss the Appeal Window
In Wisconsin, litigants may only appeal a final circuit court judgment or order to the Wisconsin Court of Appeals per Wis. Stat. section 808.03(1) as a matter of right – appeals from nonfinal orders are permissive. Litigants must strictly follow deadlines for appellate jurisdiction: they have a maximum of 90 days to file an appeal, per Wis. Stat. section 808.04(1).
In a divorce, legal separation, or other family law matter initiated by summons and petition, determining when an order
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Mental health and the law
With a lump or two in my throat, I’m going to address one of the most difficult issues in the area of law — the complicated situation of those suffering with mental health conditions who are involved in our legal system. I am certainly not going to solve any problems or, unusual for me, even propose a solution. This article is simply my observations regarding a terrible problem, not as a mental health therapist or provider, but as a
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The Implications of being a “No-Fault State.”
Wisconsin is one of several states that does not require the claim of wrongdoing to petition the Court for a divorce. Come your final divorce hearing, the court need only establish that both you and your partner agree that the marriage is “irretrievably broken.”
At the onset of filing, the Courts do not view the petitioning party differently than the responding party. By being a no-fault state, no stigma exists for individuals who wish to initiate the divorce. Therefore,
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COA affirms challenge to TPR disposition under erroneous exercise of discretion standard
Waukesha County v. A.T., 2025AP167, 4/2/25, District II (1-judge decision, ineligible for publication); case activity
“Amber” appeals from an order terminating her parental rights to her 6-year-old daughter, “Holly.” She argues the circuit court erroneously exercised its discretion at disposition. COA affirms under the deferential, erroneous exercise of discretion standard.
Holly was removed from Amber’s care at the age of two due to Amber’s substance abuse issues. She was then placed in three homes over the next four
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How to Maintain an Amicable Divorce?
The divorce process can be a contested litigation battle, but that does not need to be the case. To help you (and your ex-partner) maintain reasonable expectations for each other throughout the divorce, here are some potentially beneficial pointers for what is to come:
Why Family Law Attorneys Should Consult with a Defamation Attorney
Contentious divorces often involve years-long battles over child custody, asset division, and spousal support. False claims of infidelity, domestic violence, child abuse, or financial misconduct are unfortunately common in high-conflict family law cases.
One party may attempt to control the narrative by defaming their former spouse on social media. They may create fake profiles, connect with their ex’s contacts, and post lies designed to inflict maximum reputational harm.
For these situations, family law attorneys should consult defamation counsel
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Everything You Need to Know About QDROs in Wisconsin
When high net worth couples divorce, one of the most complex aspects of property division is determining how to fairly and legally divide retirement accounts. These accounts often represent a substantial portion of the marital estate and must be handled with care to avoid unnecessary taxes, penalties, or delays. In Wisconsin, one of the key tools used to divide certain retirement assets is a Qualified Domestic Relations Order, or QDRO.
Our Wisconsin divorce attorneys for high net worth
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Imputing Income and Vocational Evaluations
If the Court decides that it is going to impute a party with income, it will next need to decide what income to use. If a party is not working enough hours, imputing income is somewhat simple. The Court will likely use the existing hourly rate and multiply it by the number of hours the party should be working.
If a party is unemployed, or under employed, it is more complicated to determine what their income should be. The
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Imputing Income 2
We recently discussed what it means for the Court to impute you with income. We explained that without a good reason, if you are unemployed, or under employed, the Court can assess you with a higher income than you actually have when doing its support calculations. If you are at risk of being imputed with income, you might be wondering, what does the Court usually consider a good reason for under or unemployment?
To begin, the Court will consider
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Imputing Income
During child support and maintenance determinations, the Court will assess parties’ incomes. Not only will the Court look at the numbers, but in some cases, the circumstances surrounding one’s employment will be relevant. If historically you have made a lot of money, and intentionally decrease your income to avoid paying support, you are likely going to run into problems. If you have an advanced degree but choose to work a minimum wage job, you similarly may have some problems.
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The 365-day Secure Detention Programs for Youth are Poorly Regulated
Wis. Stat. section 938.34(3)(f) allows for children to be placed in a juvenile detention facility as a dispositional placement for up to 365 days. However, the regulations for holding kids in juvenile detention facilities for up to 365 days are woefully inadequate. History The guidelines under which juvenile detention centers operate were last reviewed and modified in 2010. They were designed to address safety and basic programming standards for the traditional short-term placements for which juvenile detention facilities and
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