Archives: Articles By Gregg Herman

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.

On December 13, 2005, the Wisconsin Supreme Court heard oral arguments in Landwehr v. Landwehr, which presents the issue of the proper standard of review when determining a motion to modify physical placement. Let’s hope the high court relies heavily upon a recent court of appeals opinion before rendering its decision in this case.

On November 9, 2005, the Wisconsin Assembly passed a bill by vote of 57 to 38 vote that would substantially change Wisconsin’s removal law, greatly restricting a parent’s ability to move with a minor child.

Although collaborative divorce has proven highly successful in certain cases, however, it has been a disaster in others. A new concept, cooperative divorce, is being developed as a settlement-based alternative to collaborative divorce.

In Noble v Noble, the Wisconsin Court of Appeals clarifies the line between dissipation and acceptable financial conduct.