Archives: Financial Issues

Note to the Wisconsin Court of Appeals: If shirking is an “unfortunate term,” as you characterized it in your recent family law decision, Chen v. Warner, please stop using it!

The Wisconsin supreme court recently artfully danced around a few thorny policy issues when it released its long-awaited decision in LeMere v. LeMere, 2003 WI 67.

It is well-established that under Wisconsin law income from excluded, non-marital property, is marital property. However, the law is not as clear regarding the effect of appreciation of non-marital property. A recent court of appeals decision does little to clear up this confusion.

When a divorce is looming, but not yet filed, at what point must the husband and wife get court approval for family law agreements?

In few other areas of law do the parties to a lawsuit share as intimate a knowledge of each other as do those in a divorce case. In addition, in few other areas of law will the parties have an ongoing relationship with each other after the lawsuit is completed.

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?