Archives: Divorce

In personal injury cases, the use of formal discovery is routine. Failure to do so may, in fact, be negligence. But, family law is not personal injury law. In fact, in many – if not most, family law cases, doing formal discovery may be malpractice.

In Bonds v. Bonds, the California Supreme Court held that the failure of a spouse to secure independent legal representation during negotiations with the spouse who was promoting entry into a prenuptial agreement does not, per se, invalidate the agreement at the time of divorce.

In Randall v. Randall, when a court applies the shared-time formula for child support, it is also required to order the parties to share the variable costs for the children in the same proportion in which they share the children.

As a result of June 7, 2000, a Supreme Court of Wisconsin case, Washington v. Washington, 2000 WI 47, trial courts now have the power to grant relief, even years after the judgment.

On February 22, 2000, the Supreme Court of Wisconsin granted review of the court of appeals decision in Meyer v. Meyer, which involves the treatment of professional degrees under Wisconsin family law.

Pretend for a minute that Hillary was not as accepting of Bill’s infidelity as she appeared to be. What issues would arise in the divorce case of Clinton v. Clinton?

Removal law has been gradually changing over the years, in an continuing effort to balance the rights of one parent to move and the other parent to have a continuing relationship with the children.

On Feb. 22, the high court granted review of the Court Appeals decision, to focus upon whether a court in a maintenance determination can consider a period of premarital cohabitation, and whether a professional degree is an asset for purposes of an unjust enrichment claim.

Recently, the United States Supreme Court heard oral arguments in Troxel v. Granville, No. 99-138 (argued Jan. 12, 2000), involving the issue of grandparent visitation. While it remains unclear whether the Court’s opinion will have any significant impact in Wisconsin, the case involves issues of basic and significant societal concerns.

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.”