Archives: Divorce

Response to Collaborative Law Article

Published: Tuesday, September 8th, 2015

My intent in my column was not to trash the collaborative practice, which has certain benefits. It is rather to speculate on why, if it is such a substantial beneficial as advertised, it has not grown? In fact, it has shrank.

Confidentiality and Divorce

Published: Thursday, July 30th, 2015

The issue of confidentiality pits the interests of the parties who would like to keep their affairs private from the public interest in the openness of our legal system. My preference is for the former however, it is nice to have a legal system which is open and public.

Domestic Violence and Custody

Published: Tuesday, July 7th, 2015

This case, recommended for publication, involved a divorce in which the parties stipulated to joint legal custody despite prior DV incidents.

Sub S Income and Child Support and Spousal Maintenance

Published: Wednesday, June 17th, 2015

How much income from a Sub S corporation can be used for child support and maintenance? A recent court of appeals holding in Biorgo doesn’t bring clarity to this confusing family law issue.

The Ultimatum Game and Divorce Settlement Negotiations

Published: Saturday, June 13th, 2015

In the process of writing my book for the ABA Family Law Section, I did a fair amount of research into a field called “game theory,” which, among other models, includes the ultimatum game.

Are Maintenance Guidelines a Good Idea?

Published: Wednesday, May 6th, 2015

Maintenance guidelines are a good idea if they are advisory, because they allow for judicial discretion. However, ignoring individual circumstances creates more harm than good.

Service By Facebook

Published: Monday, April 6th, 2015

An article in the NY Daily News where a judge is allowing a husband to be served with divorce papers on Facebook.

Same Sex Divorce

Published: Wednesday, February 18th, 2015

My latest column in the Wisconsin Law Journal is my somewhat whimsical speculation on same-sex divorce.

Rewriting the Book on Marriage

Published: Wednesday, February 18th, 2015

With same-sex marriage now legal in 36 states — and probably legal in all 50 after the U.S. Supreme Court rules next summer — same-sex divorces will follow in due course. Will there be any differences between opposite-sex divorces and same-sex divorces?

Lawyers Shouldn’t Rely on Wisconsin Appeals Court to Bail Them Out

Published: Monday, January 12th, 2015

It is common, where there are minor children, for a divorce agreement to require at least the payor of child support and sometimes both parties to maintain life insurance with the children as beneficiaries. A recent unpublished, but citeable, Wisconsin Court of Appeals case has implications for some of these divorce cases.