Divorcing your spouse is not a simple decision. Besides the emotional stress, you may have to deal with financial consequences, and it could take a toll on your children. If nothing can save your marriage, it is important to move on for the sake of everyone involved. Once you decide to file for divorce, you should get legal advice from an experienced attorney on how you can keep things simple. In Wisconsin, you can consider the option of collaborative divorce, and below are five pointers that you need to know about the process.
- In a collaborative divorce, both parties and their respective lawyers agree not to fight the case in court. This is done through a Participation Agreement. If you and your spouse agree to the same, there will be many four-way meetings that will involve discussions and negotiations.
- Your lawyer is not supposed to have an aggressive stance in the process. They are your advocate in the collaborative process and will ensure that you don’t settle for less. They will also determine the reasonable settlement goals that you should aim for before going for negotiations.
- If there is no agreement on key issues, the separating couple can still consider mediation to come to a settlement within the collaborative law. However, if either party decides to go to court, they must find a new trial lawyer. Because lawyers involved in the collaborative divorce have signed the Participation Agreement, they have to withdraw.
- There are several advantages of collaborative divorces. Firstly, you can save money and time, and since the entire process is based on a mutual exchange of information and extensive discussions, there is a better chance of reaching a settlement. Secondly, in a collaborative divorce, the spouses have less bitterness. If there are minor children involved, this is easily the better choice.
- You will still need to wait for 120 days to get a collaborative divorce in Wisconsin. That’s the minimum waiting time for divorces. If you and your spouse can resolve things within that time, you can finalize the process within months.
Not all attorneys or firms practicing family law have expertise in collaborative divorces. Make sure you hire an attorney with experience, and if needed, you can always ask for references. Start the collaborative process with an open mind and be reasonable about your demands. Your lawyer is around to protect your interests and would negotiate accordingly.
