A promise not to prosecute a couple for child abuse became binding once the couple detrimentally relied upon the promise by consenting to the termination of their parental rights, the Wisconsin Court of Appeals has ruled.

Mar. 01, 2023

Big Revision for Child Name Changes

The recent 2021 WI Act 182 created new language for petitions to change the name of a minor under 14 years of age with two living parents who are not filing a joint petition in certain circumstances. Amanda R.R. Mayer outlines the new law and how to navigate it – and points out a glaring omission.

Feb. 17, 2023

Governor’s Budget Proposal Provides Needed Increases in Funding for District Attorneys and Public Defenders

Wisconsin's criminal justice system is facing a watershed moment. Staff vacancies and turnover for prosecutors and defenders are pushing the system to a breaking point, and solutions must include adequate funding from the legislature.

Feb. 13, 2023

State Bar Applauds Governor's Civil Legal Aid Proposal

State Bar President Margaret Hickey makes a statement in response to the Governor's budget proposal on civil legal aid funding.

Jan. 04, 2023

Are Motions to Enforce Physical Placement the Best Remedy For Your Client?

Motions to enforce are extraordinary motions that offer a speedy consequence where there are placement issues in a family law matter. However, they may not be the best solution for your client. Comm. Barry Boline discusses the details of motions toenforce and their impacts.

Dec. 19, 2022

Guardianship Respondents Must be Physically Present for Final Hearing

Wisconsin law requires that a person subject to a petition for guardianship and protective placement be physically present for the final hearing absent a valid waiver, the Wisconsin Court of Appeals has ruled.

Dec. 07, 2022

Effectively and Efficiently Handling Divorce Cases in Wisconsin

In 2021, more than 16,600 divorce cases were opened in Wisconsin, according to circuit court statistics. The lawyers who handle them know that divorces involve complex decisions and a lot of paperwork. Here are a few time-saving tips for efficiently working with a new divorce client.

Nov. 11, 2022

Highlighting a Hidden Legal Issue: Transnational Marriage Abandonment

Transnational marriage abandonment (TMA) occurs when an abuser abandons their victim-spouse in that victim-spouse’s country of origin, without means to return to the United States. Wisconsin lawyers should familiarize themselves with TMA and be prepared to use innovative legal strategies outlined here to empower survivors. 95 Wis. Law. 22 (November 2022)

Nov. 02, 2022

An Aging Nation: Advising Older Clients on Long-Term Care

As the number of people age 65 or older continues to rise in the U.S., more lawyers are needed to assist older Americans on issues of health care.

Oct. 25, 2022

Couple Fails to State Sufficient Constitutional Claims in Child Placement Lawsuit

Constitutional claims made by parents against state and county officials who took custody of one of their daughters and facilitated the placement of another daughter in a foster home failed because the parents failed to state legally sufficient claims, th

Oct. 12, 2022

Family Drug Treatment Court: A Boost to Families in Children's Court

Children are being removed from parents with substance use disorders at an alarming rate. Applying a treatment court model to help these families reunify might make sense for them and their communities. Read about the principles and structure surrounding family drug treatment courts, and some of the successes of and obstacles to implementing such a court in one Wisconsin county.

Oct. 12, 2022

Final Thought
The Double Meaning of Domestic Violence

Lawyers have a duty to challenge illegal and immoral uses of violence. Dianne Post makes her case.

Oct. 04, 2022

Fighting For (and Like) Cats and Dogs in Divorce

Pets are increasingly valued as more than property. But what does that mean for divorce in Wisconsin? Comm. Mark Fremgen explores the current status of pet custody and placement agreements in the state.

Sep. 06, 2022

Variable Housing Costs Now Removed from Military Gross Income: Calculating Child Support

Legislation to exclude area variable housing costs from gross income in military cases became effective March 13, 2022. Jill Mueller discusses how 2021 WI Act 160 impacts child support calculations for members of the military.

Aug. 29, 2022

Vaccines for Children and the Role of the GAL

The availability and approval of COVID-19 vaccine administration for children presents new challenges for parents with joint legal custody who disagree about whether to vaccinate their children. Erin Idler explores the legal standard and role of a guardian ad litem in resolving such disputes.

Aug. 23, 2022

Family First and Qualified Residential Treatment Programs

The Family First Prevention Services Act refocuses child welfare goals from reaction to prevention, requiring qualified residential treatment programs to meet more stringent qualifications for funding. Grace Tressler explores the Act’s various impacts,especially how its implementation in Wisconsin transforms the current landscape of the treatment programs.

Aug. 12, 2022

Communications in Mediation: Not Admissible in Court?

Mediation is protected by Wis. Stat. section 904.085, which makes mediator testimony inadmissible, subject to limited exceptions. Paul Stenzel takes a closer look at a recent divorce case where the mediator testified in a post-judgment dispute thateventually went to the Wisconsin Court of Appeals.

Aug. 02, 2022

Guardian ad Litem Training for Family Violence Cases

The Wisconsin Supreme Court in 2021 established new requirements for guardians ad litem as it relates to domestic violence cases in family court. Debra Mancoske discusses recent GAL training in Brown County.

Jul. 21, 2022

Mental Health Resources for Children in Wisconsin

Mental health resources for children continue to be an important component when treating children with mental illness. Alyssa Paulus discusses these resources in Wisconsin.

Jun. 27, 2022

Drafting Caregiver Agreements that Combat the Caregiving Crisis

Quality caregiving services are a constant need, particularly in an unstable economy. Amy M. Burger discusses the caregiving shortage crisis and how legal practitioners can address the crisis by making caregiver agreements a regular and integral part oftheir practice.

Jun. 16, 2022

Newly Adopted Bill Addresses Custodial Questions for Deployed Parents

The new Wis. Stat. chapter 324 specifically addresses custody and visitation issues for deployed parents. David Kowalski discusses the new chapter and its limitations.

Jun. 15, 2022

CLE and Networking in Door County: Register Today for 2022 Family Law Workshop

Registration is open for the 41st Annual Family Law Workshop – back in person in beautiful Door County. This year's event is Aug. 4-6 and features the latest issues in family law.

May 11, 2022

Alternative Ways to Resolve Child Custody Disputes During the Pandemic

As elsewhere, the COVID-19 pandemic will have a long-term effect on family law issues, including decisions involving child custody. Tiara Oates discusses creative alternative ways to resolve child custody disputes – and lessons learned from the pandemic.

Apr. 11, 2022

Wisconsin Legislature Wraps Up 2021-22 Session

The Wisconsin Legislature has finished the business of the 2021-22 session. This article examines some of the bills and acts that were supported by the State Bar's lobbying practice sections.

Apr. 06, 2022

Solutions
COVID-19 Battle Highlights Importance of Healthcare Decision-making

Engaging in advance planning for healthcare decision-making can mean the difference between life and death. Mike and Luciana Wiltse share their harrowing experience with writer Jeff M. Brown.

Apr. 06, 2022

April 16 is Healthcare Decisions Day in Wisconsin

After nine years of practicing estate planning and elder law, Appleton lawyer Jon Fischer has seen up close the effects of failing to plan for end-of-life care.

Mar. 25, 2022

Pro Tip: Know Your Local Court Rules – Here's How

When you pick up a case in a county that is new to you, it's a good idea to get acquainted with that court's rules, because they can differ widely from what you're used to. David Karp discusses local court rules and where to find them.

Mar. 21, 2022

A Reminder from Family Court: Domestic Violence Affects Children

A recently appeals court decision reinforces the requirement for batterers to complete certified treatment before being granted sole or joint custody of minor children in a divorce. Marco Bichanich discusses the case and the importance of certified batterers treatment providers in protecting children from the impact of domestic violence.

Feb. 18, 2022

U.S. Immigration Policy and Migrant Family Separation

Under the Trump Administration, thousands of children were separated from their families at the U.S. border, and separations still occur – although much fewer – under the Biden Administration. Rozita Gerhard discusses the “zero tolerance” policy and its effect on immigrant children

Jan. 27, 2022

'Be Proactive:' Wisconsin Appeals Court Sends Message to Child Support Payers

A recent Wisconsin court of appeals decision sends a message to child support payers. Jacob S. Wiese discusses why the decision makes it clear to parties paying child support that they must be proactive in revising child support orders when a child reaches the age of majority.

Jan. 24, 2022

LGBTQ Youth Need You to Educate Courts on Their Unique Issues

LGBTQ youth have unique issues that require attorneys to educate the court, particularly in family law matters. U.W. law student Renee Pasciak explains the need for this education and how to advocate for this population.

Jan. 14, 2022

Court Erred by Ruling That Non-Certified Treatment Overcame Custody Presumption

A presumption against granting custody to an abusive parent can only be overcome with proof that the parent has completed treatment for batterers from a certified program or from a certified provider, the Wisconsin Court of Appeals has ruled.

Jan. 07, 2022

As I See It
Using Parent Coordinators to Decide Disputes Post-Divorce

With appropriate guidelines and oversight, parent coordinators can help resolve disputes between parents after divorce, quickly and cost effectively.

Dec. 21, 2021

Incorporating Lived Experience in Wisconsin’s Child Welfare System

Parents with personal experience in the child welfare system can play a valuable role in many ways, including providing feedback and peer support. Heather Miller discusses how a lived experience voice is being incorporated in child welfare in Wisconsin.

Dec. 02, 2021

Pursuing Attorney's Fees in Family Law Cases

Four statutes authorize the recovery of attorney's fees for clients and lawyers in family law cases in Wisconsin. Karyn Gimbel Youso discusses the statutes, two of which apply generally to all civil cases and two that are specific to the family law statute.

Nov. 17, 2021

The Proposed Guardian Training Requirement: Consequences for Petitioners

A current bill in the Wisconsin Legislature proposes a list of requirements and training that a potential guardian must go through before taking guardianship. Alexandra Evans discusses the requirements and their potential consequences for wards and guardians.

Nov. 01, 2021

Update: Proposed Changes to Family Law in Wisconsin

Several proposed bills would significantly affect family law practice in Wisconsin. Emily Tercilla provides a brief overview of these legislative bills and their anticipated impact.

Oct. 22, 2021

On ‘Sharenting:’ Parental Use of Social Media in Divorce

When one family unit becomes two, differing opinions on appropriate use of social media can arise. Ashleigh Hacker discusses the rise of “sharenting” and considerations for divorce attorneys in negotiating parental agreements.

Sep. 29, 2021

Finding Alternate Pathways to a Mediation Agreement

There are many different ways to achieve a mediation agreement. Nancy Mills suggests alternative ways for both parties to achieve desired results.

Sep. 15, 2021

Fifth Circuit: Indian Child Welfare Act Is Constitutional

The Fifth Circuit Court of Appeals recently determined the Indian Child Welfare Act to be overall constitutional, although it struck down certain provisions. Bailey Holt provides an overview of the act, and discusses the case and its implications.

Sep. 03, 2021

3 Discovery Tools Underemployed in Family Law

While family law attorneys have access to discovery tools like basic interrogatories and requests for documents that are commonly used by civil litigators, there are other tools out there that can bolster a case. Jeff Raymond outlines the pros and cons ofthree tools typically underemployed in family law litigation.

Jul. 23, 2021

On the Bias Against Immigrant Caregivers in the Child Welfare System

The Wisconsin Department of Children and Families recently promoted a new child welfare initiative that focuses on prevention and keeping families together. Azucena C. Guizar discusses the need to reach out to immigrant families in particular.

Jul. 23, 2021

On the Bias Against Immigrant Caregivers in the Child Welfare System

Jul. 21, 2021

Reserve Your Spot: Virtual Family Law Workshop is Aug. 5-6

Registration is open for the 40th Annual Family Law Workshop. This year's event on Aug. 5 and 6 will be held virtually, and features the latest issues in the family law.

Jul. 21, 2021

Dilemma: Estate-planning Clients, a Divorce, and Potential Conflicts

After a client's divorce, can I represent that client in an estate planning matter if I previously represented both former spouses together on an estate plan?

Jul. 21, 2021

Reserve Your Spot: Virtual Family Law Workshop is Aug. 5-6

Registration is open for the 40th Annual Family Law Workshop. This year's event on Aug. 5 and 6 will be held virtually, and features the latest issues in the family law.

Jul. 21, 2021

Dilemma: Estate-planning Clients, a Divorce, and Potential Conflicts

After a client's divorce, can I represent that client in an estate planning matter if I previously represented both former spouses together on an estate plan?

Jul. 19, 2021

Foster Care: 15 Months Not Often Enough for Family Reunification

Is it time to reassess the Adoption and Safe Families Act requirement for termination of parental rights once a child has reached a total of 15 months in foster care? Lisa-Marie Line discusses the time limit and reasons why it may not be long enough to allow family reunification.

Jul. 08, 2021

Protecting the Family Cabin with a Family LLC

The family cabin is often one of the family’s most cherished assets, and protecting it from devastating long-term care costs requires advance planning. Corinna Martell discusses the benefits of using a family LLC to protect family property.

Jun. 17, 2021

Judicial Engagement Teams Make a Difference in Child Welfare Cases

While governed by uniform guidelines, the practice of child welfare law varies from county to county across Wisconsin. Michael Puerner discusses the role of Judicial Engagement Teams: to bring together teams of community stakeholders to identify best practices and implement positive changes in child welfare cases.

Jun. 15, 2021

Dismissing a Family Law Action

When parties change their mind about going through with a pending divorce or legal separation, they must file a voluntary dismissal. David Karp talks about the two different ways that a family law action may be dismissed.

Jun. 03, 2021

Significant Changes Coming to Administrative Code Chapter DCF 150

Legislation to reorganize Wis. Admin. Code ch. DCF 150 and eliminate new family support orders will become effective this year. Jill Mueller explains the changes to DCF 150 that make the shared placement calculation the primary method of calculating support.

Jun. 02, 2021

Family Law and the Pandemic with Donna Ginzl

Don't miss the 40th Annual Family Law Section Workshop, which will take place virtually, August 5-6, 2021.

May 14, 2021

Clan Mediation and Divorce within the Hmong Community

In the Hmong community, clan leaders participate in the mediation of divorce cases. Chue Xiong discusses the importance of clan mediation, and why it is important that attorneys participate.

May 14, 2021

Ripe for Abuse: How Joint Accounts Thwart Estate Plans

Joint accounts at financial institutions might be used to transfer assets at death in ways that account creators did not intend. Learn how to determine whether a joint account holder interfered with a decedent's estate planning goals by inappropriate use of the joint account.

May 05, 2021

Legal Research 101: Online Adoption Law Resources

As a lifetime commitment, adopting a child in the U.S. requires an attorney experienced in adoption law to guide a client through the lengthy adoption process. This guide is a quick introduction to available online adoption resources.

Apr. 30, 2021

Visitation by Grandparents and Other Third Parties

In determining whether to order third-party visitation, a court must analyze the visitation request based upon the child’s best interest, giving special deference to a fit parent’s determinations as to what visitation is appropriate.Wisconsin Legislative Council Information Memorandum.

Apr. 13, 2021

'Raise the Age' in Wisconsin: Brown County Initiates Young Adult Specialty Court

Elisabeth Stockbridge discusses efforts to address racial disparities and incarceration among emerging adults in Wisconsin.

Mar. 09, 2021

How Can I Get A Mentor?

Finding mentors is a critical part of starting a new attorney’s career. Tiara Oates offers tips on how to locate mentors and on nurturing the mentor/mentee relationship.

Feb. 15, 2021

On Shared Placement: ‘Regular’ and ‘Meaningful’ May Not Mean Equal Time

There is no right to equal periods of placement when considering child custody agreements, writes Mark Fremgen. Each situation is different, and placement agreements should involve all relevant facts when deciding the best interests of the child.

Jan. 22, 2021

Navigating De Novo Reviews

De novo hearings allow a brand-new hearing on issues decided by court commissioners, and are a useful tool in representing previously pro-se clients. Lauren Otte discusses de novo hearing procedure and how to use these hearings to benefit your clients.

Jan. 11, 2021

New Minor Guardianship Law: Changing Children's Lives

Many children are raised by someone other than a parent either temporarily or permanently. A new law clarifies and improves the minor-guardianship process.

Dec. 10, 2020

Triage: A More Efficient Family Case Management System

In this era of doing more with less, triaging family cases could benefit Wisconsin family courts, parties, and lawyers by using scarce resources more efficiently. Paul Stenzel discusses how triage, or differentiated case management, could fit into family court systems.

Nov. 18, 2020

Successful Mediation: Stay Neutral, Stay Calm

Important keys to a successful mediation: Maintaining neutrality and keeping in check the emotions of the participants – including the mediator. Judy O’Connell discusses ways to stay neutral and create calm in the mediation process.

Nov. 18, 2020

What Family Law Attorneys Should Know about Wisconsin's Confidential Address Program

Safe at Home, Wisconsin’s address confidentiality program, can be a necessary tool to protect the privacy of clients who are victims of domestic abuse. Jeff Raymond details properly serving pleadings to a party enrolled in the program – which is crucial to keeping practitioners out of hot water.

Nov. 10, 2020

Beyond the Divorce: Crafting Successful Settlement Agreements

Settlements allow creativity in developing a case-specific plan, but not all settlement negotiations are equivalent. The authors recently conducted a survey to learn more about factors that promote successful settlements. One key finding is that negotiators' skills matter.

Oct. 16, 2020

Early Neutral Evaluation – Is It Time to Use It in Family Law?

Early neutral evaluation is an available and alternative option for resolving civil cases quickly and efficiently. Marta Meyers discusses the issue, saying that it may be time to attempt early neutral evaluation more earnestly and more often in Wisconsin.

Oct. 13, 2020

Divorce Judgement: Is It Time for Wisconsin’s 120-Day Waiting Period to Go?

In Wisconsin, there is a 120-day waiting period before a Judgment of Divorce can be issued. Family Court Comm. Mark G. Schroeder discusses why it may be time for that waiting period to go.

Sep. 25, 2020

Is There a Way to Cure Maintenance Arrearages in Wisconsin?

Section 767.59 greatly limits the trial court's authority to modify maintenance payments or arrears accrued prior to the filing of a motion. David Karp explores other remedies that may be available to cure maintenance arrearages.

Sep. 16, 2020

Ethical Dilemma: Fees in Family Law Cases: Judgment or Arbitration?

In fees involving family law cases, a lawyer may request that the court grant a judgment for fees. How does this judgment intersect with the requirement to participate in fee arbitration on a client's request?

Aug. 19, 2020

Tips for an Effective Business Succession Plan

A succession plan for a business is an often overlooked, yet essential area of business law. Maureen O’Leary gives tips on setting up a successful plan and getting clients to look ahead.

Aug. 05, 2020

Assessing the Impact of Childhood Trauma

Chronic and persistent adversity impacts development in children as they grow into adults. Melissa Ivens discusses adverse childhood experiences (ACEs) and reviews strategies that facilitate healthy development in children.

Jul. 22, 2020

What You Should Know about the New Administrative Paternity

Administrative paternity, a fourth way to determine paternity in Wisconsin, begins Aug. 1, 2020. Jill Mueller discusses the logistics of administrative paternity and why this new option is important for parents and children.

Jul. 10, 2020

Preparing for Chapter 48’s New Private Minor Guardianships

A new private minor guardianship law takes effect Aug. 1, 2020. In this second part of a two-part series, Courtney Roelandts provides tips and suggestions on how to prepare for a smooth transition.

Jul. 07, 2020

Countering Evasion: Securing Notice in a Divorce Action

What happens when the opposing party in a divorce action evades a Summons and Petition or simply cannot be located? Lauren Otte discusses the required steps to secure service and personal jurisdiction in these circumstances.

Jun. 25, 2020

Judge Created Serious Risk of Actual Bias by Facebook “Friending” Litigant

In a case of first impression, the Wisconsin Supreme Court majority (4-3) ruled that a judge violated a litigant’s due process rights by accepting a Facebook “friend” request from a litigant in a pending child custody case.

Jun. 16, 2020

Chapter 48: The New Private Minor Guardianship Law

A new private minor guardianship law takes effect Aug. 1, 2020. In this first of a two-part series on the new Wis. Stat. chapter 48, Beth Lauck provides a background of private minor guardianships and an overview of the changes under the new law.

Jun. 03, 2020

Solutions: The Future of Assisted Living: A Crisis in the Making?

Carol Wessels and Michelle Putz discuss how more vulnerable people needing care and fewer people to provide it will affect the future of assisted living.

May 18, 2020

Silver Linings in a Dark Cloud

Court appearances via Zoom, live U.S. Supreme Court hearings, and improvements in court procedures. Gregg Herman discusses a few of the good things to come out of the coronavirus pandemic.

May 04, 2020

Family Finances under the CARES Act

Among the new rules implemented by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) are Economic Impact Payments (EIP) and changes in retirement distributions and withdrawals. Tiffany Highstrom discusses what attorneys should know about the CARES Act and offers advice on guiding clients through this uncertain time.

May 01, 2020

SECURE Act: Ensure Safety of Retirement Accounts

The SECURE Act, enacted in late 2019, made significant changes to treatment of certain retirement accounts. Lawyers should become familiar with the Act now so as to advise clients to make appropriate changes to retirement and estate plans.

May 01, 2020

Career: Considering an Elder Law Practice?

Ben Wright interviews elder law practitioners about their work, the challenges and rewards of their chosen focus area, and their tips for getting started in the field.

Apr. 20, 2020

Constructive Trust Could Be Remedy for Divorce Agreement Breach on Life Insurance Proceeds

Establishing a constructive trust could be a remedy to hold life insurance proceeds for a decedent’s minor children, a Wisconsin Supreme Court has ruled, but the circuit court must first examine the relevant facts to make that decision.

Apr. 16, 2020

Supreme Court Extends Order on Remote Hearings, Clarifies Order for Juvenile Cases

All in-person proceedings in appellate and circuit courts are suspended until further notice under a recent Wisconsin Supreme Court order, which also clarifies that judges may waive in-person requirements otherwise required in juvenile matters.

Apr. 15, 2020

Video Mediation: Making the New Normal Work Like Normal

In this article, mediator and former Milwaukee County Circuit Judge Richard Sankovitz provides tips on conducting mediations remotely.

Apr. 10, 2020

Divorce, Custody, and COVID-19

With a virtual shutdown in Wisconsin courts due to concerns over the spread of coronavirus (COVID-19), people are left to wonder what this will mean in their pending family law cases.

Apr. 08, 2020

Practicing Family Law in the Time of Coronavirus

The practice of family law in Wisconsin has changed drastically in the past month. Margaret Hickey gives a few tips on dealing with these changes, and where to find resources to help you manage your practice.

Apr. 07, 2020

Helping Clients in Nursing Homes and Assisted Living Facilities

Lawyers can help older individuals and their families by advising on selection of a long-term care facility and encouraging residents and family members to monitor the quality of care received in facilities.

Mar. 26, 2020

Child Placement in Wisconsin During the COVID-19 (Coronavirus) Pandemic

Lynn Lodahl of Hawks Quindel S.C. notes that many divorced and separated parents in Wisconsin are wondering how this affects their custody and placement orders.

Mar. 23, 2020

Guidance on Remote Notarization; Execution of Estate Planning Documents

An emergency rule now allows documents to be notarized remotely online but it does not apply to estate planning and other types of documents, such as wills and trusts.

Mar. 17, 2020

What You Need to Know about Supported Decision-Making Agreements

Supported decision-making agreements provide a means for individuals with functional impairments to maintain their self-determination when making decisions. Leah Ruedinger breaks down the scope of a supported decision-making agreement and discusses the role of the supporter in assisting individuals with functional impairments.

Mar. 09, 2020

Tips to Avoid Pitfalls in Divorce Agreements Requiring Children’s College Payments

Marital settlement agreements requiring college expense coverage for children can prompt disputes years after the divorce. David Kowalski discusses basic law on parental obligations for adult children, and suggests language to clearly define all parties’ obligations for parents jointly assuming this obligation.

Mar. 09, 2020

The Face of Elder Financial Exploitation

In Wisconsin, financial exploitation is the largest category of elder abuse after self-neglect. This article looks at certain vulnerabilities among older clients, along with options and resources to address them, especially through drafting and statutory provisions for financial powers of attorney.

Mar. 09, 2020

Financial Elder Abuse: Returning Control to Victims

Representing older clients in financial abuse cases requires the readiness to act quickly but also the recognition that traditional law enforcement and judicial system responses might not be appropriate. Here are considerations and steps to take when investigating and remedying financial abuse of an elder.

Mar. 09, 2020

Family Court or Not? Raising Child Abuse Allegations Against a Parent

In Wisconsin, two sets of courts potentially have jurisdiction over children and families. In cases involving child abuse allegations against a parent, consider the advantages and disadvantages to filing for a child abuse injunction first versus raising the allegations as part of an active family law matter. The authors discuss jurisdictional differences and areas of authority.

Mar. 04, 2020

Apply for Scholarships to the Family Law Workshop by April 1

The Family Law Section is offering 15 scholarships to its Annual Family Law Workshop in Door County, on Aug. 6-8, 2020, at Stone Harbor Resort and Conference Center in Sturgeon Bay.

Feb. 14, 2020

Legislature Sprints Toward Finish of 2019-20 Session

The 2019-2020 Legislative session is rapidly drawing to a close. Learn more about where priority bills for the State Bar and its Sections are at in the last days of the process.

Feb. 11, 2020

Misunderstanding POAs: Advocating for Client's Statutory Autonomy

Health-care and financial powers of attorney protect the people for whom they are created, not deprive them of autonomy and decision-making authority. Learn how to help older clients by crafting and using POA documents appropriately. These articles on POAs continue the series on protecting older clients.

Feb. 11, 2020

You're Not the Boss of Me: Principal's Autonomy Under a POA

When considering the value of power of attorney documents as protections against elder abuse, it is important to keep in mind that for both health-care and financial POAs, the principal typically retains considerable autonomy.

Feb. 03, 2020

New Law Allows Genetic Testing to Administratively Determine Paternity

A newly passed Wisconsin bill creates a new presumption of paternity in Wisconsin through genetic testing. Donna Ginzl discusses the details of Senate Bill 158 and how it changes paternity determination in the state.

Dec. 05, 2019

Strengthening Families through High Quality Parent Legal Representation

The legal community can strengthen families by providing, training, and supporting attorneys for parents involved in the child welfare system, says Alaina Fahley, who discusses what high quality parent representation would look like in Wisconsin.

Dec. 04, 2019

Addressing Childhood Trauma as a Family Practice Lawyer

Family lawyers trained to identify the effects of childhood trauma and compassion fatigue can better serve their clients. Lauren Otte discusses identifying and addressing the trauma experience of children and parents to mitigate the potential damage during custody and placement disputes.

Oct. 15, 2019

Ending the Cycle: A Push for Early Childhood Intervention for Intimate Partner Violence Exposure

Exposure to domestic violence can have serious health effects for children, according to recent scientific studies. Tiffany Highstrom gives a broad overview of these studies on the link between early childhood exposure to intimate partner violence (IPV) and children’s physical and health risks. “While exposure to IPV leaves no actual bruises, it has real effects on the health of the child. Research suggests that intervention can be effective in mitigating those effects,” she writes.

Oct. 09, 2019

Seventh Circuit Court: Former Prison Psychologist Cannot Marry Prisoner

A three-judge panel for the U.S. Court of Appeals for the Seventh Circuit has upheld a judgment in favor of the Wisconsin Department of Corrections, which denied a prison inmate’s request to marry his former prison psychologist.

Oct. 08, 2019

Helping a Client Buy or Keep a Home During a Divorce

When helping clients navigate the complexities of selling or refinancing an existing home or purchasing a new home during a divorce, it's important to understand the ever-changing real property landscape and the client's circumstances. Here's how to guide clients through this emotional and potentially discouraging transaction.

Oct. 08, 2019

Surviving Michels: Can Third-party Visitation Be Resurrected?

In Michels v. Lyons, the court held that a grandparent who wishes to have visitation rights to a grandchild in opposition to the parents' wishes must establish by a clear and convincing standard that the parents' decision is not in the child's best interests. Although more difficult, the higher evidentiary threshold can be overcome.

Oct. 08, 2019

President's Message
Lawyers Preventing Domestic Violence

Jill Kastner says lawyers can help combat domestic violence by volunteering to assist survivors.

Oct. 08, 2019

Solutions
When a Parent in a GAL Matter Acts Badly: What to Do?

Few lawyers have not experienced or witnessed a party behaving badly. When the behavior escalates to include cyberbullying, David Blumberg says the potential resulting harm cannot safely be ignored.

Sep. 16, 2019

Choosing a Family Law Process

Adversarial, collaborative, cooperative, or mediation? Choosing the method in family law matters depends on your client’s situation. Margaret Hickey discusses what to consider when selecting an approach to resolving family law cases.

Sep. 09, 2019

Out of Luck: Need a Rural Family Law Attorney?

Cases involving domestic violence, custody, or child abuse may force couples to run around a maze to locate legal counsel in a place where family law attorneys are scarce. The first one to find the attorney wins. Like a game of musical chairs, the second one to the chair is out of luck.

Sep. 03, 2019

Mediating the Zipper Merge

Mediation may seem like a traffic jam, but with the right mediation tools situations can successfully merge into a solution. James Mathie lists a few ways lawyers can set up a mediation for success.

Aug. 20, 2019

Post-filing Debts in Divorce: When Are They Divisible Marital Debt?

When should post-filing debts be considered when establishing a balancing payment in divorce? David Kowalski discusses issues raised by a recent case.

Jul. 26, 2019

Pros & Cons: A Review of Child Placement and Support Proposals

In 2018 the Legislative Council established a study committee to address potential changes to child support and the notion of presumed equal placement. Twelve measures are moving forward. Here is a summary of each measure, and the case for or against the action.

Jul. 25, 2019

Lis Pendens: Securing Client's Real Property Interests in Divorce

When clients' names in a divorce are not on a real property deed, protect their marital interest with a lis pendens. Cassel McClure Villarreal discusses lis pendens, an effective tool in protecting your client’s real property interest in divorce.

Jul. 17, 2019

Tackle Marital Property Issues Efficiently with 'Marital Property Law & Practice in Wisconsin'

For anyone handling marital property issues, Marital Property Law & Practice in Wisconsin, from State Bar of Wisconsin PINNACLE®, provides a practical guide that answers your in-depth questions and saves you time with its quickly accessible forms and flowcharts.

Jul. 16, 2019

Trauma-informed Care and the Role of Guardian ad Litem

Knowledge of a child's underlying trauma is the first step toward making the most appropriate recommendation regarding the best interest of the child. Kelsey Stefka discusses trauma-informed care and how it can be used by guardians ad litem to better understand their young clients.

Jun. 25, 2019

What Type of Service Is Required on a Contempt Motion?

What type of personal service is required in Wisconsin when proceeding with a contempt motion in family law cases? David A. Karp discusses the relevant statutory provisions and case law.

Jun. 25, 2019

Big Changes Considered in Wisconsin TPR and Adoption Law

Your views needed: The Wisconsin Legislature is exploring reform of Wisconsin’s termination of parental rights (TPR) and adoption systems. Emily Dudak Leiter discusses the details of these potential changes, and urges section members to take the poll, linked at the end of the article, to inform the section board of your views on these critical issues.

Jun. 17, 2019

Family Care: Supporting the Independence of Wisconsin's Aging Residents

Family Care is a Medicaid long-term care program that allows eligible Wisconsin to reside in their own homes while receiving high-quality support and care management. Julianne Cox discusses the program, enrollment, and its benefits and services.

Jun. 10, 2019

Military Retired Pay and Benefits Considerations in Divorce Proceedings

ERISA vs. FSPA – what’s the difference? It’s a vital consideration for divorce practitioners, says James C. W. Bock. Find out what they are, and why the FSPA and the Survivor Benefit Plan statutes matter in family law.

May 29, 2019

Supreme Court Sides with Parents in Grandparent Visitation Case

The Wisconsin Supreme Court has ruled against a grandmother who wanted more visitation time with her granddaughter, concluding grandma did not overcome a presumption that favors parental decisions concerning their kids.

May 28, 2019

Nursing Home Facility Shortages Are More Glaring in Rural Wisconsin

Residents of rural Wisconsin counties who require long-term care will likely have to move farther from home, and compete for fewer beds, than their urban counterparts. Continued facility closings threaten to exacerbate the disparity.

May 17, 2019

101
Domestic Abuse Injunctions: 7 Steps to Protecting Survivors and Their Pets

Morgan Stippel provides a step-by-step guide for obtaining injunctions to help protect domestic abuse survivors, and their pets, from abuse and harassment.

May 17, 2019

Solutions
Third-party Visitation: A Historical Perspective

When crafting an approach to third-party visitation, Mark Fremgen and Gregg Herman say, appellate courts should keep in mind the harm to children's interests created by litigation itself.

Apr. 29, 2019

Proposed Changes to Wisconsin Child Placement and Support Laws

A Legislative Council Study Committee recently proposed changes to child placement and support laws in Wisconsin. Tiffany Highstrom reviews the committee’s proposals and their potential impact on family law.

Apr. 09, 2019

Using Third-party Decision-makers after Universal Processing

The Wisconsin Supreme Court recently held that a circuit court judge who appointed a referee to resolve disputes delegated authority that he could not delegate. Margaret Hickey discusses the case and its implications when using third-party decision-makersin family law.

Apr. 03, 2019

A Barrier Removed: New Federal Legislation Addresses Pets of Abuse Victims

A new federal law expands protections for domestic abuse victims with provisions that apply to the victim's household pets, emotional support and service animals.

Mar. 21, 2019

Legislative Study Committee Recommends Statutory Changes to Minor Guardianships

In February 2019, the Wisconsin Joint Legislative Council unanimously voted to support changes involving minor guardianships. Deanna Weiss discusses the changes proposed in AB 47.

Mar. 20, 2019

Apply for Scholarships to the Family Law Workshop by April 1

The Family Law Section is offering 12 scholarships to its Annual Family Law Workshop in Door County, on Aug. 1-3, 2019, at Stone Harbor Resort and Conference Center in Sturgeon Bay.

Mar. 05, 2019

An Effective Mediation Tool: Listening

Listening closely and carefully is one of the most effective tools of the family court mediator. Nancy Mills discusses this subtle mediator skill that helps the mediator bring adversarial parents to an agreement that places the needs of the child first.

Feb. 20, 2019

Facebook “Friending” Between Judge and Litigant Created Risk of Bias

A judge who became Facebook “friends” with a pending litigant before deciding the case created a risk of actual bias such that the case must be reversed and remanded for a rehearing before a different judge, a state appeals court has ruled.

Feb. 13, 2019

Crime Victim Rights: Marsy's Law Comes to Wisconsin

Advocates for Marsy’s Law – equal rights for crime victims as defendants – have introduced resolutions recently in the Wisconsin Legislature. Donna Ginzl talks about Marsy’s Law For All and what’s happening in Wisconsin.

Dec. 20, 2018

Mediation Should Be Required in Wisconsin Elder Guardianship Disputes

Mandatory mediation in elder law can save court resources and reach creative solutions that preserve family relationships and allow the elder’s voice to be heard, says Julie Short.

Dec. 19, 2018

Guidance for Advising the Evolving Family

No matter the area of practice, lawyers should be aware of the legal issues relevant to individuals whose families do not conform precisely to the structures for which many statutes and judicial decisions have been tailored. A vital guide is Advising the Evolving Family, recently released from State Bar of Wisconsin PINNACLE®.

Dec. 14, 2018

Brussels Sprouts, Pancakes, and Proof in Grandparent Visitation

Recent Wisconsin Supreme Court oral arguments in Michels v. Lyons dissected the constitutionality of a grandparent visitation statute. Tiffany Highstrom and Sara Vanden Brook discuss the court’s recent oral arguments regarding the statute and cases involved.

Dec. 14, 2018

Brussels Sprouts, Pancakes, and Proof in Grandparent Visitation

Dec. 13, 2018

Domestic Abuse: Little Impact on Child Custody and Placement

2003 Wis. Act 130 created a rebuttable presumption that when one party engaged in domestic abuse, joint or sole custody to the abusive parent is contrary to the child's best interest. Rather, the safety and well-being of the abused parent and child become paramount concerns when determining custody and placement. Research shows that this has not countered the trend toward joint legal custody and more equalized physical placement.

Dec. 12, 2018

ABLE Accounts: Saving for Children with Disabilities

Achieving a Better Life Experience (ABLE) accounts allow family members to save for a disabled child while not disqualifying the child from receiving government benefits. Amy Krier discusses the requirements and limitations for ABLE accounts.

Nov. 29, 2018

Immigration Matters in Divorce: The I-864 Affidavit of Support

When you represent noncitizen clients, immigration issues may overlap with family law issues. Cassel Villarreal details one particular issue – the I-864 Affidavit for Support, where a citizen sponsor agrees to financially support their immigrating spouse – and how it comes to play in divorce.

Oct. 18, 2018

Equally Liable: Credit Cards and Consumer Lending in a Community Property State

Obtaining a credit card or consumer loan as a married individual in Wisconsin actually requires compliance with multiple and complex areas of law. MaiVue Xiong discusses the framework lenders need to comply with obtaining and reporting credit, and the potential ramifications married consumers should know in Wisconsin.

Oct. 17, 2018

The Best Tools to Represent Your Clients: Family Law in Wisconsin: A Forms and Procedures Handbook

From initial client interviews to postjudgment actions, Family Law in Wisconsin: A Forms and Procedures Handbook covers all aspects of family law. State Bar of Wisconsin PINNACLE’s best-selling reference is newly supplemented for 2018.

Oct. 10, 2018

Home is Where the Families Are: Open Adoption in Wisconsin

Some states have decided that open adoption may be considered when it is in the best interests of the child. Brooklyn Kemp writes about the issues, benefits, and disadvantages of open adoption.

Sep. 20, 2018

‘Best Interests’ of the Child: Custody Litigation and Modifications in First Two Years

May parties stipulate to a lower standard for modification of custody and placement in the initial years following a judgment? James C.W. Bock explores case law and legislative intent involving the “best interest of the child” custodial standard.

Sep. 12, 2018

Child Abuse: Beware the 'Unsubstantiated' Finding

Just as a not-guilty verdict does not necessarily indicate a defendant did nothing wrong, a finding of unsubstantiated child abuse might not mean the child suffered no harm. To competently assist children and their families when abuse is alleged to have occurred, lawyers must understand the terms "substantiated" and "unsubstantiated," including the differences between them and the statute defining "child abuse."

Aug. 27, 2018

GALs and the Rise of Kinship Care

Called the "fastest-growing foster care initiative," kinship placement and adoption is on the rise. Kaitlyn Dvorak discusses what guardians ad litem should keep in mind about the benefits and challenges of recommending placement with family members.

Jul. 20, 2018

Dissecting the New Family Relocation Statute

Divorced parents sometimes desire to move with their children to locations farther from the home of the former spouse. Learn which proposed relocations are subject to a recently revised Wisconsin statute and how to comply with the law's procedural provisions.

Jul. 18, 2018

On Family Law:
Revisiting Standard for Grandparent Visitation

The Wisconsin Supreme Court has accepted certification of a case involving the standard for determining court-ordered grandparent visitation, giving the court the opportunity to clarify this area of law.

Jul. 11, 2018

Moving a Child Now Requires a Motion: Wisconsin’s New Relocation Statute

A new legislative Act alters what a custodial parent must do to move or relocate with a child. Lisa-Marie Line outlines the changes, which became effective April 5, 2018.

Jul. 11, 2018

2017 Wisconsin Act 203 and Changes to Post-divorce Relocation Standards

The Wisconsin Legislature recently made significant changes to the law that governs when one divorced parent seeks to relocate far the child’s other parent. Tiffany Highstrom details the new procedures and standards applicable under the Act.

Jul. 11, 2018

Blog Posts Highlight New Child Relocation Statute, Mediation Considerations

Did you know that 14 State Bar of Wisconsin sections are blogging? Recently, four different sections released four new blogs on Wisconsin’s new child relocation statute, considerations for mediation, and the civil procedure overhaul.

Jun. 29, 2018

What Sudoku and Mediation Have in Common

Jim Mathie discusses how perspective taking can help to solve difficult puzzles in mediation.

Jun. 28, 2018

Child Support Maintenance: No Longer Tax Deductible after Jan. 1, 2019

On Jan. 1, 2019, child support maintenance is no longer deductible in divorce. Gregg Herman discusses the issue, and what it means for families undergoing divorce – and who will be paying the price.

Jun. 20, 2018

Wisconsin's Child Support Guidelines Change July 1

The formula for determining variable child support costs for shared placement between parents will change July 1, along with other child-support related rules. In this article, an attorney with the Wisconsin Department of Children and Families explains the changes.

Jun. 20, 2018

Learn Insights on Implicit Bias and Stereotyping at August Family Law Workshop

Join seasoned veterans, new lawyers, family court commissioners, and judges as you gain insight into the ever-changing world of family law at the 2018 Family Law Workshop, Aug. 2-4, 2018, in Sturgeon Bay.

May 31, 2018

Considerations When Dividing Retirement Accounts in a Divorce

Dividing retirement accounts during a divorce is not a straight-forward process. To avoid post-divorce litigation, it is vital to do the proper work on the front end, says David Kowalski.

May 16, 2018

On Family Law:
New Legislation – Or the Less Things Change

Three new laws affect family law matters regarding child removal procedures, deposition restrictions, and "Sara's Law."

May 09, 2018

State Supreme Court May Hear Case on Grandparent Visitation Rights

The Wisconsin Supreme Court could hear a case, on bypass from the Wisconsin Court of Appeals, to decide whether a grandmother is entitled to additional visitation time with her granddaughter, including an annual weeklong vacation.

May 02, 2018

Wausau Metro Strong: Sara's Law and a Community Response to Tragedy

One of the first tasks the Wausau Metro Strong group did was look at ways to protect lawyers like Sara who take on contentious and difficult cases involving families and children, says attorney Lance Leonhard, deputy county administrator for Marathon County.

Apr. 12, 2018

Governor Scott Walker Signs State Bar Supported Legislation into Law

Governor Walker signed "Sara's Law," named after Attorney Sara Quirt-Sann, who was one of four people killed in a shooting spree in Marathon County March 22, 2017. Quirt-Sann was representing the shooter's estranged wife in their divorce case.

Apr. 11, 2018

Placing Children First: Mediating Child Custody and Placement Disputes

There are many hurdles and pitfalls when it is your job to find common ground with parents involved in custody disputes. Nancy Mills discusses her techniques to help parents overcome their issues and put their children first.

Mar. 21, 2018

Apply for Scholarships to August Family Law Workshop by April 1

The Family Law Section is offering 12 scholarships to its Annual Family Law Workshop in Door County, on Aug. 2-4, 2018, at the Stone Harbor Resort and Conference Center in Sturgeon Bay.

Mar. 21, 2018

On Family Law:
'Put a Ring On It'

A recent Wisconsin Supreme Court case makes it clear that being married affords far more legal rights under Wisconsin law.

Mar. 05, 2018

Why Should You Care About Elder Law Issues in Divorce Cases?

With many family law litigants going without counsel, we need to be relevant to assist clients and add value to the divorce process, writes Margaret Hickey. One way to do that: Knowledge of elder law.

Feb. 22, 2018

A Need for Solutions: Out-of-state Youth Residential Care Placements Doubled in 2017

With more than 110 court-ordered out-of-state mental health residential care placements for youth in 2017, the lack of in-state options is of deep concern for many in the child welfare and juvenile justice systems. The upward trend is a disturbing one, says Eileen Fredericks.

Feb. 07, 2018

Imminent Demise: Register for Domestic Partnership Status Before It Disappears on April 1

Wisconsin's domestic partnership status ends on April 1. While current registrants retain their status and benefits, other same-sex couples can sign up by March 30.

Feb. 01, 2018

The New Tax Reform: What It Means for Individuals Going Through a Divorce

The 2017 Tax Cuts and Jobs Act imposes sweeping changes in the tax code. Some of the most dramatic changes will affect taxpayers going through a divorce. David Karp discusses the changes that family law attorneys should be aware of.

Jan. 22, 2018

Speaker's Task Force on Foster Care's Legislative Proposals Moving Forward Quickly

Following the establishment of the Speaker's Task Force on Foster Care, a new legislative package of 13 bills, called Foster Forward, was introduced. Megan DeVore talks about the Foster Forward bills and their potential to bring significant changes to the child welfare system in Wisconsin.

Jan. 17, 2018

Using Mediation to Find the Path to a Favorable Resolution

Litigation is a costly endeavor – in time, money, and the stress involved. With more cases now heading first into mediation, what are some ways to maximize the chance of a durable resolution for both parties?

Jan. 17, 2018

On Family Law
No Tax Deductions for Maintenance: Harmful to Both Parties

There are many unknowns about who will benefit from the new tax bill just passed by Congress. What it does for sure is hurt individuals getting divorced in maintenance situations.

Jan. 01, 2018

Representing Domestic Abuse Survivors

Domestic abuse and violence survivors may seek representation in many types of cases in which the abusive power and control dynamic has a direct effect. These clients might have special needs during legal representation, whether or not the case involves the alleged abuser.

Dec. 20, 2017

On Family Law
"Representing" Both Clients in a Divorce? Unwaivable!

Limiting the scope of one's representation does not cure an unwaivable conflict of interest, such as representing both parties in a divorce.

Nov. 15, 2017

On Family Law
Proposed Legislation on Removal of Children

New legislation targets procedural problems in applying the child removal law in divorce and paternity cases.

Nov. 10, 2017

State Bar's Family Law Section Supports Child Custody Legislation

Two Republican legislators are sponsoring legislation that would make it easier to modify child custody and placement orders.

Nov. 01, 2017

Legal Research: Where to Find Family Law Resources

Helping your client through a divorce, adoption, or other family law issue is no easy task. There are many resources out there to help you make the task easier.

Oct. 24, 2017

Court Says Hmong Couple Had Putative Marriage, for Purposes of Divorce

A man challenged a divorce decree, as well as property and maintenance awards, arguing that he and the petitioner were never validly married despite evidence that a Hmong marriage took place at a Thai refugee camp in 1980.

Oct. 04, 2017

Find Your Perfect Supporting Case with Family Law Casenotes & Quotes

When you’re tracking down that perfect case to support your family-law client’s position, look in Family Law Casenotes and Quotes, newly updated with the latest cases on contempt, discovery sanctions, and more.

Sep. 20, 2017

Family Law Handbook: Updated for Limited-scope Representation

Whether your family law client is essentially self-represented or has hired you to do everything in the divorce, Family Law in Wisconsin: A Forms and Procedures Handbook gives you vital information.

Sep. 20, 2017

On Family Law
Parenting and Divorce: Three Key Factors Affecting Better Outcomes for Children

The home environment, the degree of conflict between parents, and a child’s psychological makeup are key factors impacting children of divorce.

Sep. 06, 2017

On Family Law:
Dividing Pension Pies … er … Plans

One advantage of the collaborative divorce process is it affords clients the opportunity to “expand the pie” rather than just divide it. That is, it gives clients a broader range of possible solutions that increase the value of complicated assets, such as pensions. The help of a neutral financial professional can be a key to more “pie.”

Jul. 24, 2017

Estate & Business Planning for Family Farms

Effective estate planning for many rural Wisconsin residents is a matter not only of the typical goal of treating all heirs fairly but also the goal of ensuring that the family’s assets can continue for agricultural purposes by future generations within the family. The author lays out the types of farm-specific information a lawyer should gather from the client and offers a farm-client case study.

Jun. 21, 2017

On Family Law:
Is There a Formula for That?

Many legal issues in family law can be resolved by applying a mathematical formula, such as for setting child support or spousal maintenance. When determining marital property for purposes of division, gifted or inherited property is excluded, unless excluding it creates a hardship for the noninheriting spouse. Determining “hardship” is an issue that requires a lawyer’s advocacy skills rather than a math equation.

Jun. 07, 2017

Effective July 1: Business Court Pilot Project, Deadman's Statute Repeal, Other Rule Changes

The Deadman’s Statute dies on July 1, but a Business Court Pilot Project is born, along with rule changes that impact family law mediators and expand CLE options. Read about rule changes and orders effective July 1.

Jun. 07, 2017

From Parents to Petitions: Learn the Latest in Updated Termination of Parental Rights and Adoption

Get the latest update in termination of parental rights procedures with Termination of Parental Rights and Adoption, newly revised from State Bar of Wisconsin PINNACLE^®.

Jun. 07, 2017

Custody, Placement, and Safety: Here’s How to Eliminate Bias and Prioritize the Child

Learn a practical approach to handling family law cases that involve domestic violence issues at the 2017 Family Law Workshop, Aug. 3-5, in Sturgeon Bay.

May 17, 2017

On Family Law
How Should We Use Third-party Decision Makers?

Two recent family law cases address this question from different standpoints.

May 01, 2017

As I See It
Out of Sync: Assistive Reproductive Technology & Parentage Law

Advances in assistive reproductive technology are giving new options for parentage to individuals who are in same-sex marriages, are dealing with infertility, or both. But Wisconsin law is not keeping pace. To resolve disputes when a surrogacy agreement falls apart and grant parent status, the author proposes that Wisconsin courts use an “intended-parent” test.

May 01, 2017

Protecting Juveniles’ Rights: 50 Years of In re Gault

On the 50th anniversary of the U.S. Supreme Court’s decision in In re Gault, which granted certain rights to juveniles accused of committing crimes, the author reviews today’s juvenile courts, considers how juvenile courts protect minors’ due process rights, and outlines defense lawyers’ obligations to juvenile clients.

Apr. 19, 2017

On Family Law
Elderly Divorce, Assessing Mental Capacity, and Ethical Standards

An increase in older clients in divorce actions means family law lawyers face complicated and challenging evaluations for mental capacity.

Apr. 01, 2017

As I See It
Following Alaska's Lead: A Wisconsin Pet Custody Statute

Christopher Krimmer says a pet custody statute would provide courts and parties to a divorce with a clear legal standard – such as Alaska’s “well being of the pet” standard – of how to best recognize the special relationship that pets play in our families.

Mar. 15, 2017

Apply for Scholarship to August Family Law Workshop by April 1

The Family Law Section is offering 12 scholarships to its Annual Family Law Workshop in Door County, on Aug. 3-5, 2017, at the Stone Harbor Resort and Conference Center in Sturgeon Bay.

Mar. 15, 2017

On Family Law
Lawyer-mediators Drafting Settlement Agreements: Will It Work in Complex Cases?

New SCR 20:2.4(c), effective on July 1, 2017, allows lawyer-mediators to draft settlement documents in family cases. In the majority of cases, this rule will save time and money for parties, observes the author. However, in complex situations, this rule could create problems.

Jan. 18, 2017

Court Approved: Family Law Mediators Can Draft Settlement Documents

The new rule, with an expected effective date of July 1, 2017, will allow lawyers who mediate family law cases to draft, modify, complete, and file settlement documents. The rule will give divorcing couples more affordable options to come to a resolution.

Jan. 18, 2017

On Family Law: Delegating Custody and Placement Disputes to Third Parties

Can post-judgment divorce disputes regarding custody and placement be delegated to third parties? If so, the question then becomes whether a party, who agrees to delegating these decisions, must have recourse to the court if that party wants to challenge the decision.

Dec. 21, 2016

The Social Benefits and Pitfalls of Virtual Visitation

The holidays can be a tough time for non-placement parents who don’t live close to minor children, not to mention the children. In this article, Brandon Carlin explains the benefits and pitfalls of “virtual visitation,” also known as “virtual parent-time.”

Dec. 21, 2016

Interdisciplinary Practice: Bringing Change in Through the Back Door

Despite resistance to multidisciplinary practice 15 years ago, interdisciplinary teams of family lawyers, psychologists, social workers, and financial advisors are working together just fine, thank you.

Dec. 01, 2016

Managing Risk
Family Law Practice – Beware the Danger Signs

Tom Watson says family law has become a more hazardous practice area. Learn about the dangers to increase the likelihood of having satisfied clients who understand their cases and willingly pay your fees.

Nov. 16, 2016

On Family Law: A Look at Proposed Changes to Child Support Guidelines

While the proposed changes to Wisconsin Child Support Guidelines related to high-income formula make sense, other proposals seem to be solutions in want of a problem.

Oct. 19, 2016

Guardians ad Litem: Time to Improve This Critical Role for Children, Families, Lawyers, and Courts

On behalf of the children in family court, the authors urge GALs and courts work together to consistently implement GAL guidelines to ensure a common experience county by county for parents, lawyers, and courts.

Sep. 21, 2016

On Family Law: Zero Tolerance During Child Placement Conflicts

According to a recent appellate court decision, it is reasonable for a trial court to prohibit alcohol consumptions during periods of child placement. Your clients may resist your advice to avoid alcohol when resolving these conflicts.

Sep. 01, 2016

More to Come: Dementia and Estate Litigation

Often, old age is accompanied by declines in cognition that can negatively affect an older person’s ability to engage in estate planning. But even when they don’t, beneficiaries might use a testator’s age and normal age-related behavior as reasons to challenge a will or other testamentary document. The growing number of older people with cognitive challenges will bring with it an increase in estate litigation.

Jul. 20, 2016

On Family Law: Back to the Past – Retroactive Revisions in Support

Jun. 15, 2016

On Family Law: Building a Family Law Practice in the Digital Age – A Cautionary Tale

The best family law practices will be built by combining old-fashioned networking with digital technology and a good website. However, lawyers who use online referral services need to be sure they are complying with Supreme Court Rules.

Jun. 01, 2016

Lawyers, judges, and family court commissioners are invited to attend the annual workshop to learn the latest updates in family law.

Jun. 01, 2016

101
Divorce, QDROs, and Dividing Wisconsin Retirement System Accounts

David Nispel and Department of Employee Trust Funds colleagues discuss the steps to divide Wisconsin Retirement System accounts via domestic relations orders.

May 18, 2016

On Family Law: Does Meister Mean More Grandparent Visitation Litigation?

The Wisconsin Supreme Court concluded in In re Meister that a grandparent, great-grandparent, or stepparent need not prove a parent-child relationship in order to secure visitation rights under Wis. Stat. section 767.43(1). Will this decision expand grandparent visitation litigation in Wisconsin?

May 01, 2016

Representing Creatives – In Life and After

Intellectual property can be a significant element of a person’s estate, and for artists, that intellectual property likely will be copyright. For lawyers advising clients, identifying, and cataloging property consisting of copyright is particularly important – and challenging.

Apr. 20, 2016

Download End-of-Life Planning Guide and Start That Conversation with Clients and Family – Available Free Through April 29

Don’t keep your loved ones in the dark about your end-of-life wishes. Download the State Bar’s planning guide, free to download through April 29.

Apr. 20, 2016

On Family Law: Income Withholding No Longer Permissible on Percentage Expressed Child Support Orders

Wis. Stat. section 767.75 now provides that all income assignments must be for a fixed sum regardless of whether the court-ordered obligation on which the assignment is based is expressed in the court order as a percentage of the payer's income. This means that if a stipulation is approved for a percentage expressed support amount, the order must be converted to a flat dollar amount for purposes of withholding.

Apr. 08, 2016

Wisconsin Supreme Court Clarifies Standard on Grandparent Visitation Rights

After her son and daughter-in-law divorced, Carol Meister, who lives in Ohio, filed a motion seeking court-ordered rights to visit her four grandchildren. Recently, the Wisconsin Supreme Court clarified the standard to determine such rights.

Mar. 16, 2016

Scholarships Available for August Family Law Workshop – Apply before April 1

The Family Law Section is offering 12 scholarships to its Annual Family Law Workshop in Door County, on Aug. 4-6, 2016 at the Stone Harbor Resort and Conference Center in Sturgeon Bay.

Mar. 16, 2016

On Family Law: Pets, Domestic Violence, and Act 253

Every divorce lawyer has seen it – a domestic violence perpetrator who abuses the family pet as a way to inflict pain on a spouse or other family member. Act 253, while not a cure-all, offers protections for victims’ pets through DM orders.

Feb. 17, 2016

Beyond “Take It or Leave It”: Using Interest-based Negotiation to Craft Viable Prenuptial Marital Property Agreements

Lawyers who treat negotiation as a traditional “take-it-or-leave-it” process of positional bargaining can leave a couple crafting a Prenuptial Marital Property Agreement to start their marriage at a place of distrust and negativity.

Jan. 20, 2016

On Family Law: Voices of Children – When Should They Be Heard?

Jan. 20, 2016 – Unlike other areas of law, there is no “magic age” for when children have a right to be heard. For numerous reasons, we need train GALs not only on the substantive law, but on how to talk to children who are caught in the middle of family battles.

Jan. 06, 2016

On Family Lawyers and Billing: The Clock Is Ticking

Jan. 6, 2016 – Is there a good alternative to hourly billing divorce clients? This author believes hourly billing remains the best option, but integrity in billing practices and attention to early settlement options just might save divorce lawyers from obsolescence.

Dec. 15, 2015

Testamentary Trust: Court Resolves Intra-family Lake Cottage Dispute

Rene Von Schleinitz died in 1972. His will provided for a trust to hold land with “improvements,” including cottages on Cedar Lake in West Bend. Recently, a state appeals court ruled that “improvements” did not include septic and well systems serving a cocottage built and owned by Von Schleinitz’s daughter and her husband.

Dec. 02, 2015

Looking for a Family Law Case Citation? Find It Quickly With Newly-Revised Family Law Casenotes and Quotes

Dec. 2, 2015 – If you’re looking for that perfect case to support your family law client’s position, look in Family Law Casenotes and Quotes from State Bar of Wisconsin PINNACLE®, newly updated to include the latest cases on child support, property division, maintenance, and more.

Dec. 02, 2015

On Family Law: Game Theory and Divorce Settlement Agreements

Nov. 05, 2015

Same-Sex Couple Must Wait for Answer on Parent Presumption Question

A married same-sex couple attempting to challenge Wisconsin’s gender-specific “parent presumption” will have to wait for a future court to determine whether the presumption applies in same-sex marriage situations, an appeals court has ruled.

Oct. 21, 2015

On Family Law: Rules Limiting Mediator Drafting in Family Cases Should be Changed

Oct. 21, 2015 – A subcommittee of the Supreme Court’s Planning and Policy Advisory Committee believes that the Rules of Professional Responsibility limiting mediator drafting in family law cases should allow for such drafting. If you have an opinion on this matter, here’s your opportunity for input.

Sep. 30, 2015

Paternity Actions Can Be Dismissed Without Prejudice, Appeals Court Says

A man named Douglas believes he could be the father of a baby born into a marriage. A circuit court dismissed his paternity action, but a state appeals court recently ruled that dismissal does not automatically mean “dismissal with prejudice.”

Sep. 16, 2015

“De Facto Marriage”: Cohabitation Claims in Wisconsin

Sept. 16, 2015 – The number of Americans choosing to cohabitate instead of marry is at an all-time high for every age group. While Wisconsin does not recognize common law marriage, these “de facto marriages” often mimic traditional divorce cases when cohabitation relationships end.

Sep. 16, 2015

On Family Law: Methods for Settlement Negotiations

Sept. 16, 2015 – Today, the trend is to settle – rather than litigate – family law cases. While settling is important, how the case is settled is just as important. Here are some resources to help you gain the skills to effectively negotiate a settlement.

Sep. 01, 2015

Family Feuds: Mediating Estate and Probate Disputes

No matter the number of beneficiaries or the size of the estate, family feuds about inheritances can result in permanent estrangement. Mediation is a cost-effective, efficient mechanism to resolve such disputes and mend and even strengthen formerly broken ties.

Aug. 14, 2015

Supreme Court Accepts Case on Governor’s School Regulation Authority, Four Others

The Wisconsin Supreme Court will hear a case to examine whether the governor can nix rules promulgated by the state school superintendent, whether a Wisconsin Department of Justice employee was fired in violation of a state whistleblower law, and what gra ndparents must show to get grandchild visitation rights.

Aug. 05, 2015

On Family Law: More Perspectives on Collaborative Divorce Numbers

Aug. 5, 2015 – Brian Jensen of the Collaborative Family Law Council of Wisconsin and Diane Diel of Diane S. Diel S.C. respond to Gregg Herman’s July 15, 2015, InsideTrack opinion article, On Family Law: Collaborative Divorce Numbers Down, Why?”

Jul. 15, 2015

On Family Law: Collaborative Divorce Numbers Down, Why?

Jul. 13, 2015

Spouse Waived Domestic Violence Presumption Relating to Child Custody

A state appeals court has ruled that a spouse waived her right to invoke a presumption restricting child custody based on domestic abuse when she stipulated to joint custody of minor children in the original divorce proceedings with her husband.

Jun. 17, 2015

June 17, 2015 – Stay in tune with the latest development and family law and enjoy a cocktail reception and a sunset cruise at the 34th annual workshop sponsored by the Family Law Section.

Jun. 17, 2015

On Family Law: Sub S Income and Support

June 17, 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.

Jun. 03, 2015

Splitting Up is Hard: PINNACLE Can Help Lawyers Help Divorcing Clients

June 3, 2015 – Handling a divorce or post-divorce issues? Get the State Bar of Wisconsin PINNACLE’s best-selling reference on the subject, newly supplemented for 2015 – Family Law in Wisconsin: A Forms and Procedures Handbook.

May 06, 2015

On Family Law: Are Maintenance Guidelines a Good Idea?

May 6, 2015 – Could standards, similar to child support, work for spousal support? Earlier this year Illinois put into effect a statute for maintenance guidelines. Could it happen in Wisconsin? The author believes maintenance guidelines are a good idea if they are advisory, allowing for judicial discretion. Ignoring individual circumstances creates more harm than good.

May 01, 2015

Marital Waste: Within the Eye of the Beholding Court

Wisconsin’s family law statutes presume that a couple’s property will be equally divided at separation or divorce. Marital waste is one factor that may allow a deviation from this presumption, but different courts treat marital waste in various ways. Here are some strategies for effectively representing divorcing clients who may have wasted marital assets, or who believe their spouse wasted assets and are seeking compensation in support or the division of marital assets and debts.

Jan. 23, 2015

Court Can Dismiss Paternity Action Even If Genetic Test Already Performed

Despite a conclusive genetic test, a state appeals court has ruled that the court correctly disregarded the genetic test and properly dismissed a potential father’s action to establish paternity because dismissal was in the child’s best interest.

Nov. 05, 2014

Same-Sex Marriage Now a Reality, but Legal Issues Still Linger

Nov. 5, 2014 – Same-sex marriage is now the reality in Wisconsin. But lawyers and same-sex couples will still encounter many legal questions that are still unanswered. In this article, attorney Christopher Krimmer raises various legal issues and offers some solutions.

Oct. 31, 2014

Appeals Court Upholds Order Requiring Mother to Move Back to School District

A mother must move her children back to Wisconsin and enroll them in a specific school district, according to a state appeals court decision, which agreed that Blenda Shulka did not adhere to the letter and spirit of the original placement order.

Oct. 06, 2014

High Court Passes on Same-Sex Marriage Cases, Wisconsin’s Ban Will Be Lifted

A federal appeals court ruling that said Wisconsin’s ban on same-sex marriage is unconstitutional remains intact, now that the U.S. Supreme Court has declined to consider seven petitions asking the nation’s high court to decide the issue.

Sep. 17, 2014

Making Medical Decisions for Minors When Conflicts Arise

Sept. 17, 2014 – Parents or legal guardians are vested with the power to make medical decisions for their minor children or wards, but this power is not absolute. In this video, Madison attorney Tyler Wilkinson highlights considerations for attorneys facing medical decision-making issues.

Sep. 11, 2014

Same-Sex Marriage in Wisconsin: U.S. Supreme Court May Decide

The U.S. Supreme Court may hear a case that challenges Wisconsin’s same-sex marriage ban, as well as bans in four other states. The petitions will get a first look at the end of this month when the Court convenes for a private conference.

Sep. 05, 2014

Unconstitutional: Wisconsin, Indiana Offer No Good Reasons for Gay Marriage Bans, Seventh Circuit Says

A three-judge panel for the U. S. Court of Appeals for the Seventh Circuit has ruled same-sex marriage bans in Wisconsin and Indiana are unconstitutional. Wisconsin’s same-sex marriage ban was instituted as a constitutional amendment in 2006.

Sep. 01, 2014

Children in School:
Bullying: Fighting Back

Bullying in school is particularly hard to combat, because children generally do not have the option of avoiding the problem by changing locations. Read how schools, parents, and communities are fighting back against bullying.

Sep. 01, 2014

Children in School: Examining Students' Rights

Public school students enjoy limited rights under the First, Fourth, and Fourteenth Amendments.

Sep. 01, 2014

Children in School:
Student Discipline and the School-to-Prison Pipeline

School boards have wide latitude in disciplining students, but there are risks when discipline is used inappropriately.

Sep. 01, 2014

Children in School:
The ABCs of Special Needs Students

Learn about the Individuals with Disabilities Education Act, individualized education plans, and section 504 services.

Sep. 01, 2014

Where Immigration and Children’s Law Meet

Family and children’s law attorneys must determine whether a child is a U.S. citizen early in any proceeding to preserve a noncitizen child’s eligibility for citizenship or immigration status.

Sep. 01, 2014

Making Medical Decisions for Minors

Parents or legal guardians are vested with the power to make medical decisions for their minor children or wards, but this power is not absolute. Recent Wisconsin Supreme Court decisions show that medical decision-making for minors can pose knotty legal and ethical dilemmas.

Sep. 01, 2014

Editor's Note
A Focus on Children’s Legal Issues

Editorial board members Michelle Leiker and Gretchen Viney introduce this special focus issue.

Sep. 01, 2014

101
An Intro to Minor Guardianship Actions

Gretchen Viney explains the process to obtain a minor guardianship under Wis. Stat. chapter 54.

Sep. 01, 2014

As I See It
Aging Out: Crossing into Adulthood Without a Net

Tanner Kilander says recent changes in state law entitle some teenagers leaving the foster care system to a few more years of help.

Sep. 01, 2014

Final Thought
Little Clients, Big Effect

Michael Lueder urges lawyers to provide pro bono legal services to help children.

Sep. 01, 2014

Making Medical Decisions for Minors

Medical decision-making for minors can pose knotty legal and ethical dilemmas for parents, health care providers, and lawyers. Tyler Wilkinson highlights considerations for attorneys.

Aug. 27, 2014

Wisconsin Lawyer Magazine Targets Bullying in Upcoming Children and the Law Issue

When children are bullied, what should their families and their legal counsel do? That question is addressed in the September issue of Wisconsin Lawyer ™, a special edition that is dedicated to issues surrounding children and the law.

Aug. 26, 2014

Helpful Reminders for Incoming College Freshmen On the Move

As incoming freshmen all over the state are getting ready to leave home for the first time and start classes, the State Bar of Wisconsin is issuing helpful reminders to new adults.

Aug. 06, 2014

Wisconsin Supreme Court Upholds Same-Sex Domestic Partnership Status

The Wisconsin Supreme Court has unanimously ruled that a Wisconsin's same-sex domestic partnership law does not violate the state’s constitutional ban on same-sex marriage, a ruling that comes amidst litigation challenging same-sex marriage bans in severa l states, including Wisconsin.

Jul. 30, 2014

Children Have Claim for Wrongful Death of Father, Despite Estranged Spouse

July 30, 2014 – An estranged wife is not considered a “surviving spouse” under the state’s wrongful death law, the Wisconsin Supreme Court has ruled in a 4-3 decision, meaning a father’s minor children are first in line to recover for his wrongful death.

Jul. 16, 2014

The Elder Divorce: Considerations in Divorces Involving Older Couples

July 16, 2014 – When couples divorce later in life, the divorce can impact the benefits that elderly ex-spouses may receive in their retirement years. In this article, family and elder law attorney Megann Hendrix discusses the issues and considerations in this area.

Jul. 16, 2014

T-minus Three Weeks: Annual Family Law Workshop, Aug. 7-9 – Beginner/Advanced Tracks Available

Jun. 20, 2014

Just Married? The Current Legal Status of Wisconsin Same-Sex Marriages

Wisconsin couples will be in legal limbo while the higher courts decide whether same-sex marriage bans are unconstitutional, and whether the Wisconsin marriages that did take place from June 6 to June 13 are valid.

Jun. 09, 2014

Same-Sex Marriage Decision: Federalism Does Not Trump Constitutional Rights

A federal judge in Madison has ruled that Wisconsin’s constitutional marriage amendment, which doesn’t allow same-sex marriages to be recognized in Wisconsin, is unconstitutional despite an argument that federalism should prevail.

Jun. 04, 2014

Annual Family Law Workshop Goes to Sturgeon Bay, Aug. 7-9

May 21, 2014

Divorce is Complicated. But it Doesn’t Have to be Messy – PINNACLE Resource Can Help

May 21, 2014 – If you’re handling a divorce or post-divorce issues, you need the State Bar of Wisconsin PINNACLE’s best-selling reference on the subject, revised and renamed in 2014 – Family Law in Wisconsin: A Forms and Procedures Handbook.

May 13, 2014

Ex-Husband Can Stop Paying Spousal Maintenance, Appeals Court Rules

Bradley and Edith Brin divorced in 1992 after 35 years of marriage. At the time, a court ordered Bradley to pay spousal maintenance indefinitely. Recently, a state appeals court ruled that Bradley could stop paying alimony to Edith.

May 08, 2014

It Takes a Community: Wisconsin Lawyers Band Together for This Week's National Mock Trial

Wisconsin lawyers have more in common than their work with clients and ability to compose legal briefs, many also possess a desire to give back and help grow and cultivate the legal profession.

Apr. 11, 2014

Time is Running Out, 200 Volunteers Still Needed for National Mock Trial

The State Bar of Wisconsin National Mock Trial planning team is calling on attorneys, judges and experienced teachers and coaches from around the state to step up to the bench and volunteer to serve on a judging panel during the 2014 National High School Mock Trial Championship on May 9 and 10 in Madison.

Mar. 28, 2014

Lend Your Legal Expertise to 2014 Legislative Council Special Study Committees

Attorneys are encouraged to volunteer to serve on newly created Legislative Council study committees. These special study committees provide a unique opportunity for legislators and members of the public to work collaboratively and deliberatively in the development of legislative solutions to complex issues.

Mar. 26, 2014

Have Your Day in Court: Volunteer to Help with National Mock Trial

Want to help high school students have the experience of a lifetime? Volunteer to serve as a member of a judging panel or general volunteer during the 2014 National High School Mock Trial Championship in Madison from May 6 to 10.

Mar. 11, 2014

The Verdict is In: Rhinelander Mock Trial Team Advances to Nationals

Rhinelander High School captured its 17th high school mock trial state title yesterday after defeating Shorewood High School in a very close final round judged by six members of the Wisconsin Supreme Court. The team will now advance to the National High School Mock Trial Tournament, May 8-10 in Madison.

Mar. 01, 2014

Surrogacy Law Still Uncertain

The clearest conclusion to be drawn from the Wisconsin Supreme Court's decision in Rosecky v. Schissel, a surrogacy-agreement case, is that Wisconsin law concerning such agreements is still far from well-defined.

Feb. 17, 2014

Give 17-Year-Olds a Second Chance: Contact Your Legislator

Help the State Bar of Wisconsin send a bill to the governor’s desk, which would return first-time, nonviolent 17-year-old offenders to juvenile court jurisdiction.

Feb. 14, 2014

Sweet 16: High School Mock Trial Teams Advance to State Tournament, Winner Hosts Nationals in Madison

Students from 16 Wisconsin high schools recently advanced to the State Bar of Wisconsin’s 31st Annual High School Mock Trial State Tournament, a two-day event that starts March 9 at the Dane County Courthouse in Madison.

Feb. 05, 2014

Keep Current on Family Law Cases with Revised Edition of Family Law Casenotes and Quotes

Feb. 5, 2014 – Whether you’re working with traditional family law principles or dealing with developing issues, you’ll quickly find the most relevant cases with the latest edition of PINNACLE Family Law Casenotes and Quotes.

Feb. 05, 2014

New and Revised Mandatory Court Forms: General, Civil, and Small Claims

Feb. 5, 2014 – The Wisconsin Records Management Committee updated or introduced 13 general, civil, and small claims forms. Forms became effective Nov. 21, 2013.

Jan. 17, 2014

Second Chance Bill Gains Momentum, Links Former Governors

A State Bar of Wisconsin-backed bill that would return nonviolent 17-year-olds to juvenile court jurisdiction is making headway in the legislature and the political sphere with newly announced supporters and a unanimous vote of passage out of a senate committee.

Jan. 10, 2014

Judges Needed As State Bar Prepares for Mock Trial Regionals

More teams have signed up to participate in the Wisconsin High School Mock Trial Program than in previous years. This year, 111 teams will compete in the mock trial regional tournaments.

Jan. 01, 2014

Valuing a Business in Divorce

Valuing a marital estate and determining property division and spousal support in a divorce requires extra care when one of the spouses owns a business. Extra care is needed to protect the livelihood of the business owner and to ensure the non-business-owning spouse receives a fair share.

Jan. 01, 2014

Solutions: Federal Benefits for Married Same-Sex Couples

Federal benefits are now available to gay and lesbian couples who reside in Wisconsin but married in another jurisdiction, says Christopher Krimmer.

Dec. 10, 2013

Give Back, Volunteer to Judge at National Mock Trial Championship

Want to refine your courtroom skills and delivery? Looking at procedure and performance from a different perspective, like that of a judge, can be very helpful, and the State Bar of Wisconsin has a perfect opportunity to do just that. You can take the bench while volunteering as a judge at the National High School Mock Trial Championship in Madison from May 8 to 10.

Nov. 26, 2013

Large Donations Push National Mock Trial Championship Closer to Fundraising Goal

With several donations coming in over the past few weeks, the State Bar of Wisconsin’s National Mock Trial program is well on its way to achieving its ultimate fundraising goal of $200,000. To date, the State Bar has raised $138,000.

Nov. 11, 2013

Court Cannot Nix Parent’s Intrastate Move Less than 150 Miles Away

Circuit courts cannot place moving restrictions on divorced individuals with young children, so long as the ex-spouse does not move outside the state or move more than 150 miles away, according to a recent decision by a state appeals court.

Oct. 24, 2013

Donate Today to Help State Bar Reach National Mock Trial Fundraising Goal

After a strong start, the State Bar of Wisconsin's fundraising thermometer for the 2014 National Mock Trial Championship rests at $83,000, which is less than 50 percent of the necessary $200,000. Despite the stagnant funds, Wisconsin's National Mock Trial Executive Committee remains hopeful that they will reach their goal.

Oct. 23, 2013

Challenge Not Timely: Panel Upholds Child Support Floor of $15,000 per Month

A Wisconsin millionaire whose income dropped significantly in 2011 must still pay at least $15,000 in monthly child support, a state appeals court has ruled.

Aug. 21, 2013

Same-Sex Marriage Decision Impacts Wisconsin, Despite Misconceptions

Aug. 21, 2013 – On its face, a recent U.S. Supreme Court case only affects gay and lesbian couples in states that recognize same-sex marriage. But as Madison attorney Christopher Krimmer explains, the case also impacts couples in states that don’t, including Wisconsin.

Jul. 29, 2013

Courts Can Void Marriages After One Spouse Dies, Supreme Court Concludes

Circuit courts can still void marriages after one spouse dies, the Wisconsin Supreme Court has ruled, meaning a petitioner can challenge a surviving spouse’s share of an estate on the grounds that the marriage should be voided.

Jul. 24, 2013

Learn About the Court System at Your Next Meeting or Event

Now that the State Bar of Wisconsin has introduced its new Our Courts Wisconsin program, groups are lining up to request that one or more of the presentations come to their city or county.

Jul. 24, 2013

Wisconsin Law Foundation Donation Kicks Off National Mock Trial Fundraising

The State Bar of Wisconsin is set to host the National Mock Trial competition next spring, and organizers of the event are pleased to announce that they have received the largest donation to date – $25,000 – from the Wisconsin Law Foundation.

Jul. 22, 2013

Court May Hear Wrongful Death Case Involving Estranged Spouse, Minor Kids

Can minor children sue for wrongful death when a parent is killed and leaves behind an estranged spouse? The Wisconsin Court of Appeals recently bypassed the question, asking the Wisconsin Supreme Court to decide.

Jul. 11, 2013

State Supreme Court Upholds Surrogacy Agreement, Clarifies Law

Traditional surrogacy agreements are enforceable in Wisconsin, under a recent decision by a Wisconsin Supreme Court, binding surrogate-biological mothers who sign such contracts but later change their minds about giving up the baby.

Jul. 03, 2013

Adoptive Parents Win High Court Battle Involving Native American Child

July 3, 2013 – The U.S. Supreme Court has ruled in favor of a couple seeking to adopt a child whose father is a member of an Indian tribe, a decision that will likely impact parental termination cases in Wisconsin.

Jun. 26, 2013

State Budget Will Have Varying Impact on Attorneys

Assembly Bill 40 – more commonly referred to as the “budget bill” – passed through both legislative houses last week with only a few technical changes to the governor’s original proposal. Now the bill heads to Gov. Walker, so he can sign the bill into law.

Jun. 17, 2013

Wisconsin Supreme Court Will Hear Act 10 and Domestic Partnership Cases

The Wisconsin Supreme Court recently added two high-profile cases to its docket, one involving the controversial budget repair bill, the other a challenge to the state’s law recognizing domestic partnerships between same-sex couples who live together.

Jun. 10, 2013

Fundraising Campaign Launched in Wisconsin for Massive National Mock Trial Event

Jun. 05, 2013

Changes to Divestment, Estate Recovery Approved By Joint Finance, Head to Legislature

The Joint Finance Committee approved several provisions of the governor’s proposed changes to Medical Assistance (MA) in an omnibus motion during yesterday’s final finance committee meeting.

May 30, 2013

Two State Bar Sections Wary of Proposed Changes to Medical Assistance

Two of the State Bar of Wisconsin’s lobbying sections are actively opposing elements of the governor’s budget bill on the grounds that the provisions will negatively affect their clients.

May 22, 2013

Plaintiff's Action to Collect Ex-Spouse’s Retirement Pension Not Time Barred

Acknowledging the case “raises thorny questions,” a Wisconsin Supreme Court majority recently ruled that Wisconsin’s statute of repose did not bar a plaintiff’s action to collect a half-interest in her ex-spouse’s retirement pension.

Apr. 17, 2013

Health Care Decisions: Talk About Them Now With Your Family and Your Clients

April 17, 2013 – Most Americans have not exercised their right to make decisions about their health care in the event that they cannot speak for themselves. Elder law attorney Ben Adams points viewers to the State Bar’s consumer guide, A Gift to Your Family, as a great tool to start the conversation. The State Bar is offering free electronic access to and special discounts on this resource through April.

Apr. 17, 2013

PINNACLE Updates Advising Older Clients and Their Families, An Important Resource for Elder Law Practitioners

April 17, 2013 – In March 2013, State Bar of Wisconsin PINNACLE® released the latest supplement to Advising Older Clients and Their Families Vol. 2 – available both in print and online – has been updated by some of Wisconsin’s most experienced elder law attorneys.

Apr. 15, 2013

April 16 Proclaimed Healthcare Decisions Day in Wisconsin

April 15, 2013 – Governor Walker has officially proclaimed April 16 as Healthcare Decisions Day in Wisconsin.

Apr. 09, 2013

State Bar Launches New Video in Advance of National Healthcare Decisions Day

April 9, 2013 – Finding a medical decision maker, and ensuring that they know you and your values is the key to successful end of life planning. It’s also the core message in a new video produced by the State Bar of Wisconsin.

Apr. 09, 2013

State Bar Launches New Video in Advance of National Healthcare Decisions Day

Apr. 01, 2013

Contrary to the Child’s Best Interest: Jury Trials in Children’s Court Proceedings

Jury trials in CHIPS, JIPS, and TPR proceedings, although a statutory entitlement, do little to promote the judicial systems goal of fostering and protecting the best interests of children.

Mar. 29, 2013

Supreme Court Says Jury Must Hear Facts in Parental Termination Case

The Wisconsin Supreme Court, by a 4-3 majority, has ruled that a Dane County woman will have another shot to keep her kids because of erroneous lower court rulings that prevented her from presenting evidence to a jury.

Mar. 07, 2013

Indian Law Section Requests Input on Amicus Brief in Adoption Case

The State Bar of Wisconsin’s Indian Law Section is seeking feedback on its plan to file an amicus curiae brief in a U.S. Supreme Court case, Adoptive Couple v. Baby Girl, brought by a couple who attempted to adopt a Native American child.

Mar. 01, 2013

10 Questions: Latrice Milton: Divorce Lawyer and Life Coach

Latrice Milton has transformed the way she practices family law, taking a holistic approach to clients’ divorce issues and needs.

Feb. 20, 2013

Indian Adoption Case Sparks Wisconsin Involvement

Feb. 20, 2013 – The U.S. Supreme Court has agreed to hear a rare child custody case involving the attempted adoption of an Indian child by a non-Indian couple, which implicates the federal Indian Child Welfare Act and could impact Wisconsin law.

Jan. 02, 2013

Wisconsin's Domestic Partnership Law Survives Constitutional Challenge

Jan. 2, 2013 – In 2009, Wisconsin passed a domestic partnership law granting certain rights to same-sex couples who live together. A lawsuit challenged the law as unconstitutional. Recently, a state appeals court upheld the law in a case likely headed for the Wisconsin Supreme Court.

Dec. 04, 2012

Divorce Court Lacked Jurisdiction to Transfer Property, Title Company Loses

Dec. 4, 2012 – Gustavo Montalvo returned to Wisconsin after several years to learn that his wife divorced him and sold the house they owned. He wasn't aware of these events, and he never signed the real estate documents allowing transfer of the house.

Nov. 07, 2012

Tragedy Highlights Domestic Abuse in Wisconsin, Lawyers Can Help

Nov. 7, 2012 – The recent shooting in Brookfield highlighted a stark reality in Wisconsin: Domestic abuse remains a real problem with the potential for devastating consequences. As courts and domestic abuse agencies aim to break the cycle, lawyers can help victims remain safe.

Sep. 13, 2012

Court Sides With Ex-Wife in Pension Fight, Applies New Judgment Interest Rule

Aug. 20, 2012

Appeals Court Sends Surrogacy Case to Supreme Court

Jul. 06, 2012

Wisconsin Supreme Court Accepts Ten New Cases, Including Faith-Healing Case

July 6, 2012 – The Wisconsin Supreme Court has voted to accept ten new cases, including a case involving two parents convicted of reckless homicide after using prayer to treat their 11-year-old daughter's diabetic condition over a two-day period in March 2008.

Jul. 01, 2012

The Gay Divorcée: When Same-Sex Marriages Dissolve in Wisconsin

Marriages and marriage-like relationships between same-sex individuals are becoming more common, but the widespread lack of legal sanction for same-sex marriage means that gay and lesbian individuals must act cautiously when separating their relationship bonds.

Jun. 29, 2012

Handling a Basic Divorce: Family Law Practitioners Give Practical Advice

July 5, 2012 – Seasoned family law practitioners recently presented a wealth of information on "handling a basic divorce." This article highlights the major issues, with practical tips.

Jun. 20, 2012

Supreme Court May Decide Whether Marriages Can Be Voided After Death of Spouse

June 21, 2012 – The Wisconsin Supreme Court may soon decide whether Wisconsin courts can "void" marriages after a spouse has died despite the state's annulment statute, which does not allow marriages to be "annulled" after a party to the marriage has died.

Jun. 18, 2012

Lessons from Topolski: When a Pension is Not a Pension

June 20, 2012 – Employee benefits issues can cause unintended consequences in divorce actions, according to attorney Daniel Welytok. In this article, the Milwaukee lawyer discusses a landmine issue involving disability pension payments subject to a marital settlement agreement.

Jun. 01, 2012

Valuing Retirement Benefits in Divorce

Married couples' retirement plans may be among their most valuable and complicated assets. Appraising plan values correctly for a fair division at divorce is a challenge many attorneys do not feel qualified to undertake. This overview of retirement plans will give attorneys a deeper understanding of clients' assets.

Jun. 01, 2012

Viewpoint: Making Wisconsin's Child Welfare Law Work

Too often, the child welfare system focuses on false issues, engenders adversarial rather than collaborative relationships, and delays addressing the real issues: timely resolving the safety and permanency issues crucial to a child's welfare. We must refocus the system for the sake of children and their families.

Jun. 01, 2012

Bankruptcy Court Finds Attorney Fees Awarded in a Divorce Proceeding Nondischargeable

June 6, 2012 – Family law practitioners wishing to collect their fees as a potential creditor in a bankruptcy matter need to understand how the bankruptcy court views such debts. In this article, Milwaukee attorney Nathan Zimmermann provides insight based on a recent federal case.

Apr. 04, 2012

Supreme court may decide whether time bars ex-wife's right to retirement pension

April 4, 2012 – The Wisconsin Supreme Court may decide whether the state's statute of repose bars a former spouse from receiving one-half of her ex-husband’s retirement pension.

Apr. 03, 2012

Minimum child support agreements don't violate public policy if limited in duration

April 3, 2012 – Agreements that require one parent to make minimum "floor" child support payments to the other parent for a period of time, without modification, will generally be upheld, the Wisconsin Supreme Court clarified in a recent decision.

Mar. 19, 2012

Proposed changes to FMLA regulations, public comment period ends April 30

April 18, 2012 – The public comment period on the U.S. Department of Labor's recently issued proposed changes to the federal Family and Medical Leave Act (FMLA) regulations, related primarily to military family leave and airline flight crew eligibility, will close on April 30, 2012. The following highlights the significant changes proposed by the Department of Labor.

Mar. 01, 2012

Viewpoint: Wisconsin's Undeveloped Surrogacy Law

Parties to surrogate-parenting arrangements typically enter into agreements that spell out each party’s expectations and responsibilities. However, Wisconsin law is insufficiently developed to ensure adequate enforcement of such agreements.

Jan. 26, 2012

Forgiveness of debt in contemplation of death not valid, appeals court concludes

Jan. 26, 2012 – A dying man's wish to forgive several debts cannot be granted, a state appeals court has ruled.

Jan. 04, 2012

PINNACLE revises Wisconsin Judicial Benchbook series

Jan. 4, 2012 – The Wisconsin Judicial Benchbook series is among the best sellers of the State Bar of Wisconsin PINNACLE^™ publications. The 2011 revisions and supplements for each of the five criminal and traffic, civil, family, juvenile, and probate, guardianship and mental health volumes include statutory amendments and case law developments occurring since the 2010 supplements.

Jan. 04, 2012

PINNACLE revises Wisconsin Judicial Benchbook series

InsideTrack

Dec. 15, 2011

Mandatory reporting: Wisconsin makes changes to child abuse reporting laws

Dec. 21, 2011 – Individuals who are required to report suspicion of child abuse now have greater protections under a new law that took effect earlier this month. Milwaukee attorney Barry W. Szymanski advises lawyers who represent school districts or individuals subject to mandatory reporting requirements to take note of the changes.

Nov. 23, 2011

Gov. Walker signs bill permitting power of parental rights, other child-related legislation

Nov. 23, 2011 – Today, Wisconsin Gov. Scott Walker signed into law legislation that allows parents with legal custody of a child to delegate parental authority to a third party through a power of attorney (POA), along with other child-related legislation.

Nov. 10, 2011

Pro se litigants lose on forfeiture rule in guardianship case between sisters

Nov. 10, 2011 – In Wisconsin, the "forfeiture rule" prevents parties from raising new legal arguments on appeal that were not raised at the circuit court level. Application of the rule is no different for self-represented (pro se) litigants, a state appeals court recently explained.

Oct. 31, 2011

2011 Assembly Bill 30 creates a new power of attorney to allow parents to delegate parental authority to a third party

Nov. 2, 2011 – 2011 AB 30 expands the legal tools available to parents who need assistance in caring for their children. Randi Othrow and Dyann Hafner explain that parents struggling with medical, emotional, or addiction issues may designate an appropriate adult to care for their children as may parents who are sentenced to jail, are in the military, or are away from home because of other responsibilities.

Oct. 01, 2011

Procedural Gray Areas: New POA for Finances

Wisconsin's new power of attorney for finances provides more guidance for agents and protection for principals. Still, some uncertainties remain as to the meaning and effect of the law that created the new POA.

Aug. 11, 2011

Divorce: Working through the client's self-defeating behavior

Aug. 17, 2011 – Clients come to your door after getting divorce advice from Aunt Minnie, the neighbor, and do-it-yourself websites. How do you help your clients understand that their "tunnel vision" gets in the way of their long-term best interests?

Aug. 05, 2011

Grandparents need not establish a "significant triggering event" to assert visitation rights

Aug. 5, 2011 – The District IV Wisconsin Court of Appeals clarified that when Wisconsin's "special grandparent visitation provision" applies, petitioning grandparents need not show a "significant triggering event" occurred in order to seek visitation rights of a nonmarital grandchild.

Aug. 01, 2011

'Catch 22' Ethical Dilemma for Defense Counsel in TPR Litigation

Losing one's parental rights is a serious matter, which is why representation by counsel and appearance and participation by parents is required in termination of parental rights litigation. But defense counsel face an ethical dilemma when a court denies a motion to withdraw because a parent’s conduct makes it impossible for counsel to provide adequate representation. To continue representation violates professional conduct rules. To not continue representation violates statutory law. It's a "Catch 22."

Aug. 01, 2011

Career: Women Lawyers Walking the Tightrope

In part two of this two-part article on women lawyers balancing work and life, the author discusses the advantages to law firms of embracing the move to greater diversity of employees and clients.

Jul. 28, 2011

Professional goodwill includes 'personal goodwill' when it comes to dividing marital assets

July 28, 2011 – Some states divide professional goodwill into two components – "personal goodwill" and "enterprise goodwill" – and exclude personal goodwill from the divisible marital estate at divorce. The Wisconsin Supreme Court recently clarified that Wisconsin isn’t one of them.

Jul. 20, 2011

PINNACLE's newly revised System Book for Family Law guides lawyers through divorce process

July 20, 2011 – For more than 30 years, the System Book for Family Law has guided Wisconsin attorneys and their support staff through the divorce process and enabled them to offer high-quality representation to their clients. State Bar of Wisconsin PINNACLE™ now offers the newly revised seventh edition of this time-honored resource.

Jul. 18, 2011

Using QDROs for delinquent or current child support and maintenance

July 20, 2011 – In this article, attorney Timothy Stewart explains how qualified domestic relations orders (QDROs) can be a useful tool in procuring delinquent or current child support and maintenance payments, as well as the tax benefits in using them.

Jun. 10, 2011

Equal Placement Presumption is in the Child's Best Interest: AB 54 Should Become Wisconsin Law

June 15, 2011 – Family law attorney Dominic J. Anderson, discusses his support for Assembly Bill 54, arguing that it seeks to equalize physical placement between parents to the highest degree, while also seeking to create a lower burden for modifying placement. This is part two in a two-part pro-con examination of the legislation.

Jun. 10, 2011

The Child's Best Interest Should Come First: AB 54 Should Not Become Wisconsin Law

June 15, 2011 – Family Law attorney Michele Perreault discusses her opposition to Assembly Bill 54, arguing that it minimizes the best interests of a child to promote a political goal of equal participation. This is part one in a two-part pro-con examination of the legislation.

May 24, 2011

Wisconsin Supreme Court clarifies parental rights analysis in parental termination case

May 24, 2011 – A father who did not maintain a "substantial parental relationship" with his child served as grounds for involuntary termination of his parental rights, the Wisconsin Supreme Court recently concluded.

May 12, 2011

Federal and Wisconsin family and medical leave: Identifying the differences

May 18, 2011 – In this video, attorney Meg Kurlinski outlines the differences between the federal and Wisconsin family and medical leave laws. Wisconsin's law, often a trap for unwary lawyers, provides greater rights to employees than the FMLA.

Apr. 28, 2011

Federal and Wisconsin family and medical leave: Five tips to identify differences

May 4, 2011 – Wisconsin lawyers need to understand both the federal and the Wisconsin Family and Medical Leave acts when advising clients on family and medical leave, because they have different provisions. Attorney Margaret Kurlinski offers five tips to identify differences in eligibility and the type and amount of leave available.

Apr. 25, 2011

Wisconsin Supreme Court accepts review of six new cases, including attorney sanctions case

April 25, 2011 – The Wisconsin Supreme Court accepted review of six new cases, including one that asks the court to decide whether appeals court judges violate due process by sanctioning lawyers for allegedly filing false certifications regarding an appendix to an appellate brief.

Feb. 11, 2011

Supreme court clarifies colloquy requirements before plea in parental termination case

Feb. 11, 2011 – When a parent pleads no contest to a ground for parental termination, it is not necessary for the court to inform the parent that he or she is giving up a constitutional right to parent, or to inform the parent of potential but improbable dispositions.

Jan. 24, 2011

Termination of parental rights not warranted where CHIPS order ended within three months

Jan. 24, 2011 – If court order removes a child in need of protection or services (CHIPS) from a parent’s home but the order is terminated within three months, a court may not permanently terminate parental rights based on abandonment.

Jan. 11, 2011

Case may clarify the enforceability of child support agreements that set minimum payments

Jan. 11, 2011 – After the divorce, Michael May agreed to pay Suzanne May no less than $1,203 per month in child support for no less than 33 months. But after 17 months, May requested a downward adjustment to account for an involuntary loss of employment.

Dec. 10, 2010

Policy provision unambiguous despite English professor's contrary interpretation

Dec. 10, 2010 – Interpretation of an insurance policy provision is a question of law for the court to decide, "not an academic exercise in sentence construction." That’s what deputy chief Judge Gregory Peterson of the District III Wisconsin appeals court declared in a recent case involving an insurance dispute.

Dec. 01, 2010

PINNACLE releases new edition of the Wisconsin Juvenile Law Handbook

Dec. 1, 2010 – The State Bar of Wisconsin PINNACLE™ third edition of the Wisconsin Juvenile Law Handbook is now available. The book describes the rights and roles of various parties in juvenile court; discusses the initial considerations of jurisdiction and venue; covers prehearing, hearing, and postdispositional phases of a juvenile case. The book also examines criteria to hold a child or expectant mother in custody; the conduct of discovery and motion practice, and much more.

Nov. 01, 2010

The First 30 Months: Wisconsin’s Individual-at-Risk Restraining Order

In 2006, the Wisconsin Legislature made significant changes in Wisconsin law to address abuse against elderly people and younger vulnerable adults.The authors analyze the effectiveness of the new individual-at-risk restraining order, based on the results of a study looking at the first 30 months of the order’s availability.

Oct. 20, 2010

Half off convenient, portable, up-to-date, 2010 PINNACLE codebook series

Oct. 20, 2010 – State Bar of Wisconsin PINNACLE™ codebooks put relevant law at your fingertips, in your briefcase, or at your desk. Each codebook contains the critical statutes, regulations, and other materials for specific areas of law, in easily managed paperbound volumes. Discounted member prices range from $4.50 to $23.75.

Oct. 13, 2010

Supreme court will hear case involving life sentence of 14-year-old boy, among others

Oct. 13, 2010 – Among the 18 new cases slated for review by the Wisconsin Supreme Court is a high-profile case in which the court will decide whether sentencing a 14-year-old to life imprisonment constitutes cruel and unusual punishment.

Sep. 15, 2010

PINNACLE updates The Guardian ad Litem Handbook

Sept. 15, 2010 - State Bar of Wisconsin PINNACLE™ has just issued the latest supplement to The Guardian ad Litem Handbook, a one-of-a-kind reference devoted exclusively to the role of the guardian ad litem (GAL) in Wisconsin.

Sep. 15, 2010

Choosing a Process for Divorce: Newest addition to consumer pamphlets helps clients select the best divorce process

Sept. 15, 2010 – Helping your clients understand the various divorce processes just got a lot easier. Choosing a Process for Divorce, a seven-page pamphlet developed by the Family Law Section, educates the public about mediation, collaboration, lawyer negotiation/litigation, and pro se options. The newest addition to the State Bar's consumer pamphlet series, this easy-to-read brochure gives a brief explanation of each process, lays out the typical scenario each process follows, and includes bri

Jul. 07, 2010

PINNACLE Books releases new edition of Family Law Casenotes and Quotes

July 7, 2010 – Family Law Casenotes and Quotes has been an indispensable resource in making family-law cases more accessible and understandable for hundreds of Wisconsin attorneys and judges over the past 20 years. The book's authors – attorney/mediator Thomas A. Bailey of Whitefish Bay and circuit court commissioner Laura Lau of Waukesha County – have updated the book regularly three times a year and have now revised the book in a second edition, published by State Bar PINNACLE Books in June 2010.

Jun. 04, 2010

Divorce Wisconsin Style: Pro Se Trends

A recent empirical study in Waukesha County looked at why divorce litigants might choose to represent themselves and whether pro se representation affects the incidence and amount of spousal maintenance in divorce. The results suggest how pro se trends affect family law practitioners in the 21st century.

Jun. 04, 2010

Offering Clarity and Guidance: New Uniform Power of Attorney for Finances and Property

Wisconsin’s new uniform power of attorney for finances and property law, which becomes effective Sept. 1, 2010, provides clarity regarding POAs, encourages acceptance of POAs while protecting those who accept them, protects the principal in several important ways, offers guidance to agents, and provides a statutory form.

May 05, 2010

Editorial: Withholding a Feeding Tube from a Nonvegetative Dementia Patient

Should a feeding tube be withheld if the patient is conscious?

Apr. 12, 2010

Appeals court strikes sua sponte modification of physical placement order

April 12, 2010 – A court cannot modify sua sponte the physical placement order of a child under Wis. Stat. section 767.451(3), the appeals court concluded last week.

Mar. 16, 2010

Court of appeals reverses circuit court on treatment of pension payment in divorce

March 16, 2010 – In Kelly v. Kelly (2009AP852, Mar. 11, 2010), the Wisconsin Court of Appeals reversed and remanded the judgment of the Rock County Circuit Court on the disposition of property and a pension payment in divorce.

Mar. 04, 2010

Ethics: E-09-04: Conflicts from Dual Roles as Family Court Commissioner and Guardian ad Litem

E-09-04 discusses rules governing lawyers in dual roles.

Jan. 14, 2010

Court of appeals probes scope of grandparent visitation rights

Jan. 14, 2009 – The Wisconsin Court of Appeals held that a family court may authorize grandparents to visit their grandchildren for periods of time as long as those granted by a physical placement order in a divorce.

Jan. 05, 2010

Family court commissioner work could disqualify lawyer from guardian ad litem advocacy, ethics opinion finds

Jan. 5, 2010 – If a county hires a lawyer to serve as both a family court commissioner and as a guardian ad litem, the two roles could conflict, according to a new opinion from the State Bar’s Professional Ethics Committee.

Dec. 02, 2009

CLE Books updates practical guide to voluntary TPR and adoption cases

Dec. 2, 2009 – State Bar CLE Books Voluntary Termination of Parental Rights and Adoption, written by longtime attorney and children’s-rights advocate Judith Sperling-Newton, is a practical resource that guides practitioners through the essential procedures of such cases. The second edition was released in November 2009.

Nov. 05, 2009

Domestic Partnership Legislation Challenged

Nov. 05, 2009

Understanding Domestic Partnerships in Wisconsin

2009 Wisconsin Act 28 defines state employee domestic partnerships and same sex domestic partnerships and governs relationships between partners. The Act affects many areas of the law, but its provisions are not comprehensive. This article lists many of the statutes the Act affects, identifies some of the many provisions governing the relationship between spouses that the Act does not directly affect, and addresses several situations in which couples can benefit from advance planning.

Nov. 03, 2009

Justices seek measure of ‘marriage amendment’ purpose during oral arguments

Nov. 3, 2009 – The Wisconsin Supreme Court considered whether the 2006 “marriage amendment” ballot measure presented voters with more than one question in violation of the state constitution.

Oct. 13, 2009

Court of appeals clarifies rule governing life insurance stipulations in divorce agreements

Oct. 13, 2009 – In 1989, the Wisconsin Court of Appeals held that an insurance provision in a divorce stipulation had to be “support related” if a court imposed a constructive trust over the insurance proceeds. Recently, the court of appeals limited its ruling to the facts of that case.

Sep. 02, 2009

Are your clients choosing the divorce process that's right for them? Family Law Section develops brochure that can help

Sept. 2, 2009 – The Family Law Section has developed a brochure, Choosing a Process for Divorce, that educates the public about choosing a process for divorce – mediation, collaboration, lawyer negotiation/litigation, or pro se. The brochure explores each of these options and gives a brief explanation of each process. Choosing a Process for Divorce lays out the typical scenario each process follows and includes brief explanations outlining why different options may be used based on the couple’s specific

Aug. 19, 2009

Wisconsin Supreme Court to consider construction of ‘marriage amendment’

Aug. 19, 2009 – A challenger to the constitutional amendment prohibiting same-sex marriage in Wisconsin charges that voters were asked to consider two unrelated questions in violation of the constitution’s “separate amendment” rule. In its brief, the Wisconsin Attorney General disagrees.

Aug. 06, 2009

Jury trial right in civil cases must be expressly provided by statute or preserved by constitution

Aug. 6, 2009 – The Wisconsin Supreme Court held that a civil litigant has no right to a jury trial unless a statute expressly provides one, or the cause of action dates back to common law at the time of the state constitution’s adoption. Dissenters said this unsettles the status of many jury trials.

Jul. 29, 2009

Stipulation in divorce judgment enforceable as court order, Wisconsin Supreme Court holds

July 29, 2009 – An attorney who advised that a client could ignore a stipulation in the client’s divorce judgment is liable for aiding and abetting the violation of a court order. But dissenting justices argue the stipulation lacks such force when it exceeds the court’s subject matter jurisdiction.

Jul. 01, 2009

Answering that difficult child placement dispute question: 'How old does my child have to be before he can choose which parent to live with?'

July 1, 2009 – Meandering through the legal system for parents and children is sometimes confusing and frustrating, and often the guardian ad litem (GAL) is the only attorney these parties can turn to. One of the more difficult questions a parent may ask a GAL is, "At what age can a child choose their
own placement?"

Jul. 01, 2009

20 civil, criminal, general, and juvenile mandatory court forms released

July 1, 2009 -- The Wisconsin Records Management Committee updated 17 and introduced three civil, criminal, general, and juvenile forms. All forms were effective April 2.

Jul. 01, 2009

Some court filing fees increase July 1

July 1, 2009 – Some circuit court filing fees across Wisconsin have increased effective July 1 as part of the new budget drafted by the Legislature and approved by the governor. A schedule of the fees is publicly available from the courts system.

May 06, 2009

Young Lawyers Division sponsors free disaster legal services training in Madison

May 6, 2009 – Last year’s rampant flooding in Wisconsin pointed out a need that this program is designed to meet. Attend an afternoon of free training from 12:30 to 4:10 p.m. on May 21 in Madison to educate lawyers about common legal issues faced by victims of a natural disaster. Hear legal services professionals from the Federal Emergency Management Agency (FEMA), representatives from the Department of Agriculture, Trade and Consumer Protection, as well as private practitioners discuss how disasters af

Apr. 15, 2009

Don't forget you're registered! WisBar's newest feature adds events to your electronic calendar

April 15, 2009 – The next time you plan to attend a State Bar seminar, you can add it to your electronic calendar when you register by using WisBar’s new “Add to My Calendar” feature. Once you have registered, click the “Add to My Calendar” hyperlink. You will receive an email notification of your event with instructions on how to save the event to your electronic calendar. The feature works for Outlook and Google users.

Apr. 15, 2009

Free training to fight the flood of foreclosures – help homeowners, strengthen communities

Apirl 15, 2009 – Did you know that the State Bar of Wisconsin is the official record keeper for agencies that regulate the practice of law in Wisconsin? That means, when your State Bar member record is out of date or incorrect, it affects more than just the Bar. It could affect communications from the Wisconsin Office of Lawyer Regulation, Board of Bar Examiners, and Wisconsin Supreme Court.

Apr. 15, 2009

April 15, 2009 – Today, our country is experiencing one of the most troubling economic periods since the Great Depression, and the legal profession is not immune from the effects. These difficult times make finding cost-effective ways to connect with paying clients more important than ever.

Apr. 15, 2009

Breakfast & Business: Eggs, Ethics, and Answers seminar comes to Platteville and Pembine

April 15, 2009 – The State Bar Practice411™ Breakfast & Business: Eggs, Ethics and Answers series will be presented on April 22 in Platteville and June 17 in Pembine. Pembine program information is not yet available. Pembine is conveniently located about an hour and a half from Rhinelander, Green Bay, and Marinette, and about a half hour from Iron Mountain, Mich. Both seminars, presented in two sessions, will begin with a hot breakfast at 8:15 a.m. and conclude at 11:15 a.m.

Apr. 15, 2009

Committed to equal justice? Attend April 28 Equal Justice Conference

April 15, 2009 - The 2009 Wisconsin Equal Justice Conference will bring together community representatives committed to ensuring civil equal justice for the poor and disadvantaged. The conference will take place on April 28, at the U.W. Pyle Center in Madison.

Apr. 10, 2009

Upcoming GAL for children seminars offer flexible program format – choose the session that works for you

Mar. 18, 2009

March 18, 2009, – Today, our country is experiencing one of the most troubling economic periods since the Great Depression, and the legal profession is not immune from the effects. These difficult times make finding cost-effective resources to connect with paying clients more important than ever.

Mar. 04, 2009

50-plus civil, family, guardianship, and probate mandatory court forms released – effective Jan. 8

March 4, 2009 – The Wisconsin Records Management Committee updated or introduced, effective Jan. 8, 2009, more than 50 civil, family, guardianship, and probate forms.

Mar. 04, 2009

Committed to equal justice? Attend second Equal Justice Conference

March 4, 2009 – The 2009 Wisconsin Equal Justice Conference will bring together community representatives committed to ensuring civil equal justice for the poor and disadvantaged. The conference will take place on April 28, at the U.W. Pyle Center in Madison. At this event, organized by the State Bar of Wisconsin’s Legal Assistance Committee, attendees will explore innovative models that lawyers, courts, and other organizations are using to move Wisconsin closer to equal justice under law.

Mar. 04, 2009

Hiding assets in divorce backfires in recent court of appeals cases

March 4, 2009 – Many divorcing spouses try to hide assets, and some get away with it. Two recent Wisconsin Court of Appeals cases reveal foolish schemes, how they backfired, and what they cost the "hiding" spouse. Read Thomas A. Bailey's tips for discovering those hidden assets.

Jan. 14, 2009

President's Message: Getting Satisfaction

The collaborative divorce model focuses on problem solving and conflict management, with lawyers often working in interdisciplinary teams to help clients reach negotiated settlements. This approach can make a family law practice much more satisfying compared to the adversarial, litigation model.

Dec. 05, 2008

State Bar seeks member input on recusal standards

At its Dec. 5 meeting, the State Bar Board of Governors voted to solicit input from members as it explores judicial recusal reform options. The varied considerations surrounding this issue demand that the State Bar’s position on recusal standards be carefully designed to balance a range of policy and practical considerations.

Dec. 05, 2008

Madison attorneys Jim Boll and Jim Troupis face off for 2009 State Bar president-elect post

Two Madison attorneys have accepted nominations to run for 2009 State Bar president-elect. James C. Boll Jr. is a corporate attorney for Madison Gas & Electric Co. and James R. Troupis is a partner with Michael Best & Friedrich. Nominees for treasurer are Margaret Wrenn Hickey and Kevin J. Lyons, both of Milwaukee, Nominees for Judicial Council are Mary E. Burke, Madison, and Tom Bertz, Stevens Point.

Dec. 04, 2008

Board of Bar Examiners extends CLE reporting deadline to March 2

Dec. 4, 2008 – The Board of Bar Examiners has announced that Wisconsin lawyers who must report their CLE credits this year have an additional month to do so. CLE credits still must be earned by Dec. 31. The BBE has extended the filing date to March 2 due to time considerations in the course approval process. The inclusion of ondemand courses has significantly increased the administrative burden on the BBE.

Dec. 03, 2008

Supreme court puts bite in tradename suits

The Wisconsin Supreme Court held that compensatory awards are available where the damages are shown “to a reasonable certainty” and that intentional infringement invites punitive damages. The court also held that a contract providing for recovery of attorney fees can extend to non-contract actions such as trademark infringement.

Nov. 25, 2008

FDIC includes IOLTA in unlimited deposit insurance under Temporary Liquidity Guarantee Program

On Nov. 21 the FDIC clarified the Temporary Liquidity Guarantee Program to include Interest on Lawyer Trust Accounts. Consistent with its mission to ensure stability in the banking community, the FDIC has acted to protect client funds and assure continued funding for programs that provide legal aid to poor people when economic uncertainties make the need for legal guidance most critical. As a result of this action, an individual client’s funds deposited in IOLTA are fully insured regardless of the amoun

Oct. 08, 2008

Significant Supreme Court Decisions

For many years, Daniel W. Hildebrand contributed to Wisconsin legal literature by annually describing those Wisconsin appellate decisions that he viewed to be most significant. Attorney Hildebrand passed away in late 2007; these authors, both former supreme court clerks, are attempting to pick up the Hildebrand torch.

Jun. 06, 2008

Business Owners in Divorce: A Basic Overview

Unique issues arise when a business owner is a party in a divorce action, including valuing the business and determining income available for support or maintenance. Here is a basic overview of the issues for attorneys representing either the business owner or the nonmanaging spouse.

Jun. 05, 2008

Inside the Bar July 2008: Tracking CLE credits just got easier, My CLE Tracker does the work for you

The State Bar My CLE Tracker’s newest feature takes the guesswork out of determining whether CLE credits have been approved or are awaiting approval. CLE Tracker automatically provides a list of State Bar courses members have attended.

May 01, 2008

Young Lawyers Division celebrates 50th anniversary of Law Day, lawyers volunteer in the classrooms statewide

Today is Law Day and the State Bar Young Lawyers Division (YLD) is celebrating by sending attorney volunteers into classrooms to help educate students about the legal system and the legal profession. The YLD believes it is important for students of all ages in both public and private schools across Wisconsin to have the opportunity to meet and ask questions of practicing attorneys.

Apr. 17, 2008

Supreme court discusses discretionary transfer of cases to tribal court petition; will seek more input on this important issue

At an open administrative conference on April 15, the Wisconsin Supreme Court tentatively adopted in principle the concept of the discretionary transfer of civil cases to tribal court as requested in Petition 07-11. A public hearing was held on Jan. 8, 2008. The court has received feedback since that hearing from the State-Tribal Justice Forum, Legislative Counsel Special Committee on State-Tribal Relations, and the Department of Justice.

Nov. 06, 2007

After the Split: The Marital Property Act's Effects on Debt After Marriage

The Marital Property Act extends beyond the split of assets and liabilities at divorce. Failure to know the Act's remedies and protections may expose a divorce client to liability or prevent collection of a debt that otherwise would be paid.

Nov. 06, 2007

Exercise Independent Judgment for Each Client, Get Informed Consent

Nov. 06, 2007

Family Responsibility Discrimination: Making Room at Work for Family Demands

The rise in family responsibility and caregiver discrimination claims attests to the struggle to balance family and work life amid the changing demographics of the American workplace. Because these claims likely will increase, lawyers need to recognize potential claims and advise their business clients appropriately.

Nov. 06, 2007

Guest Editorial: In re Gault: Do Its Promises Still Protect Juveniles?

Recent research into human brain development and statistics that show minority juveniles have more frequent contacts with and severe consequences in the juvenile justice system raise questions about the system's fundamental fairness.

Nov. 06, 2007

Obligations Arising from Credit Card Accounts

Nov. 06, 2007

What Keeps you Awake at Night?: Should I Represent Multiple Family Members in a Common Transaction?

I worry about handling transactions between a client’s family members. On the one hand, each should have his or her own attorney, but on the other hand, in most such transactions separate representation will simply cost the family more. This is especially troubling when I have represented members of a family for many years. How can I serve the family as a unit, and still protect myself and remain ethical?

Sep. 07, 2007

In the Best Interest of Children: When Foster Parents May Keep Placement

The legislature has given foster parents certain rights when seeking to continue to care for a child. Attorneys representing foster parents need to understand the issues their clients face when a foster child is removed to another foster placement or returned to a biological parent. The author discusses issues affecting foster parents in such situations, including notice, standing, procedure, and discovery.

Jul. 01, 2007

Impact of New Fee and Trust Account Rules on Family and Criminal Law Practitioners

The new fee and trust account rules became effective July 1, 2007. Here, the authors address hourly and flat fee engagements for lawyers, the new opportunity for lawyers to outright deposit advanced fees – whether flat fees or hourly fees – into their general business account, and the changes to the rules that most affect family and criminal law practitioners. Sample end-of-representation letters are included.

Jul. 01, 2007

Trust Account Rules Appendixes

Dec. 29, 2006

Attorney referral service needs lawyers statewide, join now, discounts available

Every year, more than 1,000 clients with identified legal needs and the ability to pay for legal assistance are unable to obtain a referral to an attorney through the State Bar’s Lawyer Referral and Information Service (LRIS) because there are no LRIS panel attorneys in the counties where callers need help.

Oct. 30, 2006

Life Partners, Legal Strangers - Estate Planning for Unmarried Couples

Unmarried couples face many of the same concerns as married couples when planning their estates, but unmarried couples also face special challenges.

Sep. 30, 2006

When Lovebirds Split: Dividing the Retirement Nest Egg at Divorce - Dividing Wisconsin Retirement System Benefits

About one in six Wisconsin divorce cases requires division of Wisconsin Retirement System (WRS) benefits, and most family law practitioners will encounter the WRS plan at some time.

Sep. 30, 2006

When Lovebirds Split: Dividing the Retirement Nest Egg at Divorce - Properly Dividing Pension Benefits

The impact of an improper pension division can be devastating for clients, because they may lose out on the pension benefits altogether, and for family law practitioners, because they may face a minefield of malpractice claims and disciplinary actions. Learn how federal and state laws intersect with pension plans so you can protect your clients' economic future and avoid malpractice issues.

Sep. 25, 2006

CaseLaw Express™ gets a facelift; Free service notifies subscribers of recent court decisions

More than 5,300 lawyers, judges, law office support staff, and court personnel subscribe to the State Bar's CaseLaw Express. This free weekly email service keeps members abreast of recent cases that have been added to WisBar's case law archives. Recently redesigned, the new format is easier to scan, saving subscribers valuable time.

Aug. 01, 2006

Landmark Guardianship and Adult Protective Services Reforms Signed into Law

The State Bar Elder Law Section's more than 10 year Guardianship Reform Project has become law along with major reforms in reporting and responding to abuse and neglect of adults at risk and adult placement services and placement. If you represent clients who are elderly or have disabilities, or the agencies and facilities that serve them, have elderly parents or loved ones with disabilities, or if you plan to age yourself - read this article to learn about critical changes in the law.

May 01, 2006

A Brief History leading to the DRA

The Deficit Reduction Act of 2005 (DRA) is the most comprehensive change in the Medicaid laws since 1993. In 1993, with an aging U.S. population and rising nursing home costs, Congress passed the Omnibus Budget Reconciliation Act of 1993 (OBRA '93). OBRA '93 contained provisions that required states to try to recover the cost of Medicaid benefits paid, by passing new state laws mandating estate recovery and liens on homes.

May 01, 2006

Example of DRA changes to divestment penalties

The examples below examine how typical fact scenarios would have played out under the policies in effect before the Deficit Reduction Act of 2005 (DRA), and how they would work following the enactment of the DRA.

Mar. 01, 2006

Court of Appeals Digest

This column summarizes selected published opinions of the Wisconsin Court of Appeals.

Mar. 01, 2006

Managing Risk: Avoid Pitfalls When Dividing Marital Assets

Malpractice claims can result when the family practice lawyer fails to use an expert or fails to document why an expert was not hired to help value and divide marital assets.

Nov. 01, 2005

Inside the Bar: Don't Make Decisions While You're Circling the Drain

"A Gift to Your Family: Planning Ahead for Future Health Needs" helps you plan before a crisis.

Oct. 01, 2005

Dealing Fairly With an Unrepresented Person

The author looks at issues of fairness and advocacy when lawyers deal with unrepresented people and discusses the related Ethics 2000 Committee recommendations that are pending before the Wisconsin Supreme Court.

Oct. 01, 2005

The Unauthorized Practice of Law: Court Tells Profession, Show us the Harm

Before it will act, the Wisconsin Supreme Court wants the State Bar of Wisconsin to gather demonstrable evidence that additional regulation of the unauthorized practice of law is needed. The court recently asked lawyers for quantifiable evidence not only of the harm inflicted on the public when nonlawyers practice law but also of the nature and extent of the harm. Members should submit data by Dec. 31.

Aug. 01, 2005

Supreme court adopts new standards for interstate guardianships

In an opinion issued on July 7, Grant County Department of Social Services v. Unified Board, the Wisconsin Supreme Court adopted a series of standards for Wisconsin courts to follow when considering transfer of interstate guardianships to avoid conflicting with current state residency laws.

Jun. 01, 2005

Other Significant 2004 Cases

Space does not permit a more complete discussion, but the holdings of these other informative cases are summarized below.

Jun. 01, 2005

The Schiavo Case in Wisconsin

While the Schiavo case arose in Florida, it raises profound ethical questions and important legal issues nationwide. This article outlines the facts and legal issues of the Schiavo case and examines how such a case might have been decided in Wisconsin.

Mar. 01, 2005

Supreme Court Digest

This column summarizes all decisions of the Wisconsin Supreme Court (except those involving lawyer or judicial discipline).

Nov. 19, 2004

Kelly vs. Warpinski petition

On Wednesday, November 17, 2004, attorneys for Legal Action of Wisconsin filed a petition (Kelly v. Warpinski) requesting that the Wisconsin Supreme Court take original jurisdiction of an action for declaratory judgment by the Court that sections 21(2), 1, and 22 (1) of Article I of the Wisconsin Constitution provide the right to counsel to impoverished suitors in civil actions in Wisconsin.

Nov. 01, 2004

Court of Appeals Digest

Sep. 01, 2004

Court of Appeals Digest

This column summarizes selected published opinions of the Wisconsin Court of Appeals.

May 01, 2004

Inside the Bar May 2004: LRIS needs attorneys in rural counties too

Attorneys statewide are encouraged to register for LRIS. Expert advisers in all types of practice are needed - particularly in family and criminal law. Attorneys are needed urgently in the following counties.

Feb. 16, 2004

News Release February 2004: State Bar Launches Series of Life Planning Hotlines

To remind Wisconsin families about the importance of preparing for future health needs, the State Bar of Wisconsin has scheduled a series of Life Planning Hotlines to be conducted throughout the state during the next few months.

Feb. 01, 2004

Inside the Bar February 2004: CLE seminars focus on basic divorce and problems of financial elder abuse

The "Build Your Practice: Handling a Basic Divorce" seminar offers step-by-step strategies and techniques to guide attorneys through the emotionally charged process of divorce - from the initial interview to preparation for court, through post-judgment issues.

Jan. 01, 2004

Inside the Bar January 2004: Create a family law dream team; new seminar focuses on teamwork

State Bar CLE Seminars' new program, The Ultimate Family Law Dream Team: Teaming Up With Your Legal Staff to Get the Job Done, is designed to help family law practitioners develop a team - attorneys and staff - to meet the demands of drafting pleadings, conducting discovery, attending hearings, preparing cases for trial, and maintaining communications with clients.

Dec. 01, 2003

Book Reviews

Nov. 01, 2003

Legislative Watch

The revised guidelines are effective for orders established after Jan. 1, 2004, and affect the shared-time formula and high- and low-income payers and clarify definitions, among other changes.

Oct. 10, 2003

Child support guidelines revisions get the go-ahead

The long-awaited administrative rule modifying the Department of Workforce Development (DWD) 40, Wis. Admin. Code, child support guidelines has been allowed to advance by the legislative committees reviewing the rule.

Oct. 01, 2003

Court of Appeals Digest

Sep. 01, 2003

Practice Tips: A Primer on Miscellaneous Hearings

This second of three articles on administrative hearings focuses on the process for Department of Health and Family Services miscellaneous hearings conducted by the DHA's Work and Family Services Unit. Practice tips included.

Sep. 01, 2003

Supreme Court Digest

Aug. 01, 2003

Supreme Court Digest

Jul. 01, 2003

Court of Appeals Digest

Jul. 01, 2003

Supreme Court Digest

This column summarizes all decisions of the Wisconsin Supreme Court except those involving lawyer or judicial discipline.

Jun. 01, 2003

2002 Significant Court Decisions - Other Significant Cases

In his annual feature, the author highlights what he believes are significant Wisconsin Supreme Court and Court of Appeals decisions for the year 2002.

Jun. 01, 2003

Court of Appeals Digest

Apr. 01, 2003

Supreme Court Digest

Mar. 04, 2003

Notice of public hearing; Child Support Guidelines

NOTICE IS HEREBY GIVEN that pursuant to ss. 49.22 (9) and 227.11, Stats., the Department of Workforce Development proposes to hold three public hearings to consider changes to chapter DWD 40, relating to the child support guidelines.

Mar. 01, 2003

Court of Appeals Digest

Feb. 01, 2003

Court of Appeals Digest

Dec. 01, 2002

Court of Appeals Digest

Dec. 01, 2002

Legislative Watch

Changes to the Children's and Juvenile Justice codes harmonize Wisconsin law with the requirements of the Adoption and Safe Families Act.

Oct. 01, 2002

Court of Appeals Digest

Sep. 01, 2002

Legislative Watch: Figures

Figures for Budget Reform Legislation Enacted.

Aug. 01, 2002

Court of Appeals Digest

Jul. 01, 2002

Legislative Watch

Legislative Council study committees are set to review Wisconsin's OPEN RECORDS LAW, public health system response to terrorism and public health emergencies, RELATIVE CAREGIVERS, MENTAL HEALTH PARITY, and other major issues and problems identified by the state legislature..

May 01, 2002

Collaborative Divorce and Malpractice

A malpractice lawyer's view: The contract between the collaborative divorce lawyer and the other spouse creates malpractice risks. The collaborative divorce argument: working together, family law practitioners can surmount technical challenges and substantive concerns about the collaborative process.

May 01, 2002

Collaborative Divorce and Malpractice - Collaborative Divorce is a Proven, Ethical Solution

Working together, family law practitioners can surmount technical challenges and substantive concerns about the collaborative process.

May 01, 2002

Collaborative Divorce and Malpractice - Collaborative process, itself, doesn't lead to malpractice

In collaborative divorce, there is no direct professional relationship to the other spouse. In the actual CD process, each party knows which attorney is theirs. There is no blurring of the attorney-client relationship.

Mar. 01, 2002

Court of Appeals Digest

Feb. 01, 2002

Court of Appeals Digest

This column summarizes selected published opinions of the Wisconsin Court of Appeals.

Jul. 20, 2001

Statute reflects major change in passport issuance for children

Effective July 2, any person applying for a U.S. passport on behalf of a child under 14 must demonstrate that both parents consent to the issuance of a passport or that the applying parent has sole authority to obtain one.

Apr. 07, 1999

Guardian ad litem training requirements go into effect July 1

On July 1, SCR 35 goes into effect. This new rule requires that all attorneys who wish to serve as guardians ad litem (GAL) in family court must complete 6.0 credits of guardian ad litem training over two reporting cycles, with a lifetime maximum of 30.0 credits.

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Court Allows Habeas Corpus Appeal in Termination of Parental Rights Case

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