Archives: Articles By Gregg Herman

Fighting Incivility In Family Law

Published: Wednesday, January 19th, 2000

In a recent Wisconsin Court of Appeals case, Mogged v. Mogged, No. 99-0346 (Dec. 28, 1999)(recommended for publication), the court sharply criticized the conduct of the wife’s counsel, calling his arguments “hyperbole” and “misleading.”

Marital Agreements

Published: Wednesday, October 13th, 1999

In family law, there are agreements and there are agreements. Some are merely recommendations to the court, while others are binding on the parties. The distinction is exemplified in three relatively recent court of appeals decisions.

Is There Anything Funny About Divorce?

Published: Wednesday, September 1st, 1999

Is there anything funny about divorce? The answer is clearly “no”. Divorce involves loss: Loss of a spouse, loss of income, loss of property. But, use of humor is different that “being funny.”

Modification of Maintenance: Rulings Raise Questions About Court’s Intent

Published: Wednesday, August 25th, 1999

A recent case, decided twice by the court of appeals, raises significant questions about maintenance modification law Wisconsin.

Stock Options in Divorce

Published: Thursday, July 1st, 1999

Stock options are a true “win-win” scenario for businesses and their executives. They only cost the business money if the company appreciates in value. For the employee, contrary to the normal rule of investing that the “greater the return, the greater the risk which must be run,” for stock options, there is a possibility of […]

Guardians ad Litem Essential in Family Court

Published: Thursday, April 29th, 1999

The importance of the GAL’s role in family court cannot be overstated. The court, knowing that the GAL is entrusted to do an appropriate investigation, relies heavily on the GAL’s recommendation.

10 Commandments of Domestic Negotiations, or “Rules, In a Knife Fight?”

Published: Sunday, February 1st, 1998

Here are a few suggested rules for lawyers to adopt, not to kick each other in sensitive spots, but to help overcome fundamental impediments to settlement.

The New Tax Law and Divorce

Published: Thursday, January 15th, 1998

The Taxpayer Relief Act of 1997 (“1997 Act”), which was signed into law on August 5, 1997, contains several provisions which affect the practice of divorce law. This article will highlight some of the key provisions.

Child Support and the Law of Diminishing Returns

Published: Friday, January 2nd, 1998

For years now, the legislature has been preoccupied with passing laws to effectively collect child support. These laws have done quite a bit of good and in some cases have been remarkably effective. Yet, in light of the most recent legislation, the question must be asked whether there is a point of diminishing returns.

Parental Alienation

Published: Thursday, January 1st, 1998

Two very recent cases decided simultaneously by the Vermont Supreme Court squarely addressed the issue of parental alienation, each with quite different results.