Archives: Family Law

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.

The adoption ceremony was one of the best moments I ever seen in the courthouse. It was warm, touching and beautiful.

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.

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?

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 A recent unpublished, but citeable, Wisconsin Court of Appeals case has implications for some of these divorce cases.

Two questions regarding removal were addressed by the District 2 Court of Appeals in Shulka v. Sikraji. It’s a handy case for family-law attorneys with cases where a client wants to move, but would forgo it if it means losing primary placement.

Lawyers should be professionals – and most are – which means advice should be what is best for the client, not for the lawyer.

Here are some ideas — some tried and tested and some not — which might break the impasse when all else has failed to reach a settlement in a divorce.

If a marriage is terminable, the sooner it is put to rest, the sooner the rest of life can start. Dead marriages don’t come back to life. Rather, they fester and the emotional toll gets worse

In a recent opinion the District 4 Court of Appeals misapplied Wisconsin statutes regarding the meaning of joint custody. Fortunately, it was an unpublished decision. Unfortunately, it is an authored opinion, so it can be cited for its persuasive value.