Archives: Caselaw

The specter of never-ending litigation is a frightening one in any area of law. Where children are involved, it is even scarier.

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.

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.

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

A recent court of appeals decision, which is recommended for publication, contains a startling analogy: it compares alcoholism to cancer and diabetes. The case might effectively overrule a previous court of appeals decision that is frequently cited for the proposition that maintenance payors do not need to be enablers for an alcoholic ex-spouse.

If the much-publicized case of Terri Schiavo wasn’t enough to make you reconsider the importance of good estate planning, a recent Wisconsin Court of Appeals case re-emphasizes that point.

One grey area of family law was recently made black-and-white by a recent court of appeals decision. Another area, however, may have been made a shade grayer.

The Wisconsin Court of Appeals decision in Landwehr v. Landwehr is the first family law case on the Wisconsin Supreme Court’s September 2005 term docket.