Archives: Articles By Gregg Herman

It is common, where there are minor children, for a divorce agreement to require at least the payor of child support and sometimes both parties to maintain life insurance with the children as beneficiaries. A recent unpublished, but citeable, Wisconsin Court of Appeals case has implications for some of these divorce cases.

Two questions regarding removal were addressed by the District 2 Court of Appeals in Shulka v. Sikraji. It’s a handy case for family-law attorneys with cases where a client wants to move, but would forgo it if it means losing primary placement.

Perhaps the greatest gray area in family law in Wisconsin deals with retirement. First, there is no definitive answer to the question, “When can I retire?” Second, there is no definitive answer to the question, “If I can retire, will spousal support be terminated or simply reduced?” A recent Wisconsin Court of Appeals decision does not do much to answer either question.

Here are some ideas — some tried and tested and some not — which might break the impasse when all else has failed to reach a settlement in a divorce.

In a recent opinion the District 4 Court of Appeals misapplied Wisconsin statutes regarding the meaning of joint custody. Fortunately, it was an unpublished decision. Unfortunately, it is an authored opinion, so it can be cited for its persuasive value.

While Texas has a statute requiring courts to accept settlement agreements, which Wisconsin does not, I was most impressed with the language of the decision recognizing the harm caused to children by litigation. Yet Wisconsin courts have consistently refused to recognize this harm.

I’ve been critical of several Wisconsin decisions which, in my opinion, fail to recognize that the best interests of children is promoted by limiting conflict, including litigation between the parents. No Wisconsin court seems to recognize the importance of resolution. But the Texas Supreme Court does.

A film I won’t be seeing anytime soon is a new documentary called “Divorce Corp,” billed as an “expose” on the divorce “industry.”

Here is a link to my article in the Wisconsin Law Journal on the child support legislation proposal.

Valuing a marital estate and determining property division and spousal support in a divorce requires extra care when one of the spouses owns a business. Extra care is needed to protect the livelihood of the business owner and to ensure the non-business-owning spouse receives a fair share.