Archives: Articles By Gregg Herman

May a circuit court use its remedial contempt powers to craft a remedy, where a party fails to provide tax returns and income information in a timely manner as required under statute, a divorce judgement, and a court order, but then the party produces the information just before the contempt hearing? The Wisconsin Supreme Court says “Yes.”

What would the role of a child’s representative be in a perfect world?

Much ink has been spilled over the GAL’s role, and much real and virtual debate has taken place. This article offers a discussion on the roles of lawyers for children other than the role prescribed in Wisconsin.

Usually, a lawyer represents a client. In Wisconsin, on the other hand, a GAL represents the “concept” of the best interests of the child.

Although the role of a guardian ad litem, or GAL, is settled in Wisconsin, the issue is highly contentious elsewhere. The dispute illustrates that, while the GAL role in Wisconsin is not perfect, it is better than most other alternatives.

This series of articles, written by Atty. Gregg Herman and published in the Wisconsin Law Journal, examines the role of the lawyers for children in family law cases.

Although marital fault is not relevant to property division in Wisconsin, financial fault is very much relevant.

If the Supreme Court is going to have only one family law case on its docket (and this is currently the only one), Frisch v. Heinrichs is not the case to choose.

Depending on how strictly it’s read, the Wisconsin Court of Appeals holding in Frisch v. Heinrichs may cause severe problems in allowing courts to order a person who disobeys a court order to make the innocent party whole.

As divorce lawyers, we are intimately aware of the overlapping relationship between psychology and family law.