Family & Divorce

If you are facing criminal charges, you are likely concerned about the potential penalties, including fines and imprisonment. However, the impact a conviction may have on your parental rights regarding your current and future children can be equally concerning. Convictions for violent and sensitive crimes, in particular, can impact your relationship with your children, so it is important that you hire a skilled attorney who can help you defend against false, exaggerated, or unfair allegations. Criminal Records and Child Custody in Wisconsin One way that a criminal record can affect your parental rights in Wisconsin is in legal…
Given the nomadic existence of some military families, it is not always easy to choose the right state to file for divorce. If the husband entered the military in Wisconsin, the marriage occurred in Texas, the children were born in California, the husband deployed to Iraq, and the mother and children moved back to Wisconsin, where is the proper jurisdiction for divorce? Such a scenario is common due to servicemembers’ orders. I will devote several upcoming blogs to this difficult issue. A party can only file divorce in Wisconsin if he/she has been a “resident” of the state for six…
Interested in advocating for racial justice for youth? Want to challenge indiscriminate shackling? Wondering how to serve dual status youth? Want to figure out ways that defense attorneys and prosecutors may work together on behalf of our youth? The National Juvenile Defender Center (NJDC) is there as a resource. About the National Juvenile Defender Center The National Juvenile Defender Center, according to its website, “is a nonprofit organization dedicated to promoting justice for all children by ensuring excellence in juvenile defense. Through community building, training, and policy reform, it provides national leadership on juvenile defense issues with a focus on…
As a divorce attorney in Sheboygan County I get asked all the time, “when should I hire a divorce attorney”. I have thought about that question and I have come up with 7 times when you should hire a divorce attorney. This post talks about one instance when you should hire a divorce attorney. I will make another post with additional instances. I cannot emphasize how difficult the divorce process can be, emotionally and physically. It takes a lot of energy and there is an emotional toll and a time commitment. Many people try to work it out with their…
​Imagine this scenario: Years ago you married someone, and the marriage ended rather quickly for all practical purposes. You were young, you didn’t have a lot of money, and your spouse left your home and was no longer part of your life. Although you were still legally married, that didn’t matter much in your day-to-day living circumstances. In addition, divorces are expensive and time-consuming. The forms are confusing, and you filed once but couldn’t afford an attorney, and the judge dismissed the case when you missed a court date because of work. Now years later, you have more access to…
If you are a divorced or single parent, you likely know the importance of outlining when and where your child will physically reside in your parenting agreement. Virtual visitation via electronic communication is perhaps a lesser-known component of a parenting agreement, but it can be a great option for children and parents for whom physical visitation is not always possible. When Is Virtual Visitation a Good Idea? Virtual visitation can occur via phone, video chat, text, email, or any other electronic means, and it can be useful in a variety of situations to allow children to regularly communicate and maintain…
Under Wis. Stat. section 767.59 (1m), the court has limited authority to give credit due to past support arrears prior to the time a motion is filed, and has no authority under the existing statute to clear maintenance arrears prior to the date that notice of the action is given to the opposing side, except to correct previous errors in calculations. What other remedies may be available? At Issue: Section 767.59 Section 767.59(1m) – Payment Revision Prospective – reads as follows: In an action under sub. (1c) to revise a judgment or order with respect to child support, maintenance payments,…
One of the most common questions clients ask me is: “When do the children get to make the decision as to placement?” Unlike some states which provide specific ages, Wisconsin has some statutes that merely make the wishes of the child one of a large number of factors which courts are to take into account. Wis. Stats. §767.41(5)(2). A recent unpublished, but citeable, Court of Appeals decision makes an interesting (in want of a better word) comment regarding this issue. In many cases, when a child’s age is at one end of the spectrum, the answer is obvious. Children who…
This is the last installment of our blog specifically focusing on the SCRA and its effect on Wisconsin military divorces. Previous blogs in this series addressed the relief available for servicemembers and their spouses when a divorce or child custody act is pending. Following are miscellaneous sections of the Act that be relevant in a family matter, with short explanations: The servicemember can request an interest rate reduction to 6% on loans incurred prior to military service by writing to the creditor. This can be a valuable tool in cases where the parties are struggling to make ends meet during…
Families come in many different forms. In particular, advances in medical technology are expanding the concept of the family now more than ever. Unfortunately, the social acceptance of some families has lagged behind the technology. But what is the impact, if any, on children born via assisted reproductive technology (ART)? A recent article in Reproductive Biomedicine Online by Susan Golombok of the University of Cambridge in England looks at 40 years of research, including her own longitudinal studies, and answers that question. The article breaks down its findings into the following categories of family. Here are the highlights: 1) Lesbian…
Emily Dudak Leiter of The Law Center, S.C., attorney and yoga teacher, spoke today about “Wellness for Attorneys” at the State Bar of Wisconsin’s virtual conference, “Trending Topics in Juvenile Justice Reform 2020.” Emily shared her techniques for staying happy and healthy while practicing children’s law. The techniques she discussed included mindfulness, meditation, Yoga, breathwork, sleep, living with gratitude and compassion, guarding your energy and time, exercise, not multi-tasking, alignment and stretching while at the computer, music and essential oils in the office, minimalism, and cleanliness, boundaries, living beneath your means, and getting out in Nature. Emily hopes to continue…
Technology benefits the world in thousands of ways. It provides a means of connection and communication, allows us to find answers to nearly any question, gives us the ability to work remotely and stay up-to-date with every current event in the news and with our friends and family. Social media offers different platforms that children of all ages can use and even earn money from. One 7 year old made over $22 million in 2018 by reviewing toys on YouTube. Numerous other children have ‘gone viral’ for creating dances, reviewing food and beverages, and just being really, really adorable. However,…
Categories Categories Archives Family Law Videos WI Court Opinions Legal Publications By Attorney Gregg HermanAugust 28, 2020 On June 16, the Supreme Court of Wisconsin issued its opinion in Miller v. Carroll, 2020 WI 56, a case involving a judge’s decision to accept a Facebook friend request from a mother in a custody and placement dispute. Four justices joined the majority opinion, from Justice Rebecca Dallett, excluding one footnote. Three of the justices in the majority filed concurring decisions, including Dallett who concurred with her own opinion (huh?). Justice Brian Hagedorn filed a dissenting opinion, most of which was…
Last Sunday evening, August 9, 2020, our school law attorneys held a free, back-to-school Zoom webinar.  Attorneys Kristi Baker and Anne Daugherty-Leiter sought to empower parents and talked about how to help your child receive a free, appropriate public education during these challenging times, with a focus on special education needs. No student can afford a wasted semester, least of all a student with an IEP.  Anne and Kristi emphasized how parental advocacy is key to making sure that a child’s IEP is both drafted and implemented, in a way that meets the child’s needs during this challenging time.  Our…
I have often spoken and written about the vital importance of military spouses and their divorce lawyers ensuring that divorce judgments dividing military retired pay are properly and completely executed. The recent Wisconsin Court of Appeals case of Schwab v. Schwab 20 Ct App 40 is yet another example of the serious consequences when this is not done. A couple divorced in 1992, and the non-military wife was awarded a portion of the servicemember husband’s military retired pay. Unfortunately, the wife’s lawyer never completed the qualified domestic relations order to actually divide the account. The husband did not retire until…
By Attorney Max Stephenson Although studies show that approximately 40 to 50 percent of all U.S. marriages end in divorce, 70 percent of those spouses who get a divorce end up remarrying later in life. A second marriage can bring much happiness and a new lease on life for those people whose first unions did not work out. However, to avoid rushing into a second marriage shortly after a divorce, some states have a mandatory waiting period. Be sure to brush up on your state’s guidelines and contact an experienced divorce attorney before considering remarriage. Mandatory Waiting Period Wisconsin,…