Ending a marriage can be a challenging and complex process. The traditional adversarial approach to divorce often exacerbates the difficulties couples face. However, in the State of Wisconsin, there is a relatively new alternative called collaborative divorce. This approach aims to simplify and streamline the process by reducing acrimony, conflict, and expenses commonly associated with traditional divorce proceedings.
Understanding Collaborative Divorce
Collaborative divorce is a dispute resolution process that focuses on helping divorcing couples reach mutually acceptable agreements without resorting to court battles. The process emphasizes cooperation, transparency, and open communication between all parties involved. This may include the spouses, their lawyers, and other professionals with expertise in areas such as financial planning and child care.
To engage in a collaborative divorce, each spouse must hire a collaborative attorney who is specially trained in this process. These attorneys act as advocates for their respective clients and collaborate with one another to explore potential solutions. The goal is to reach an agreement that effectively meets the unique needs and goals of each party.
The Process of Collaborative Divorce in Wisconsin
Wisconsin has established laws that outline the collaborative divorce process. Under Wis. Stat. § 767.60 and Wis. Admin. Code § EL 2.02, couples can agree to resolve their divorce in a non-adversarial manner by working together towards a settlement agreement.
The process begins with an initial consultation between the couple and an experienced collaborative lawyer. During this consultation, the lawyer explains the collaborative divorce process, addresses any questions or concerns, and assesses whether it is a suitable option for the couple.
Once both parties agree to proceed with the collaborative process, they, along with their lawyers, sign a participation agreement. This agreement outlines the terms and conditions of the process and includes commitments to transparency, voluntary participation, confidentiality, good faith communication, and respectful conduct.
The Collaborative Divorce Process in Wisconsin
Upon signing the participation agreement, the collaborative divorce process typically follows these steps:
1. Initial Meeting
During the initial meeting, both parties and their lawyers come together to identify the key issues that need to be resolved and establish common goals.
2. Information Gathering
The couple, along with their lawyers and experts, gather all relevant information necessary to understand the financial and other issues that must be addressed in the divorce.
3. Evaluation and Analysis
The parties, along with their lawyers, carefully analyze the collected information to develop potential solutions that satisfy everyone’s goals.
4. Negotiation and Settlement
Through negotiations facilitated by their lawyers, the parties work towards reaching mutually acceptable solutions. They aim to create a settlement agreement that is tailored to their individual circumstances.
5. Court Approval and Implementation
Before the settlement agreement becomes final and enforceable, it must be reviewed and approved by the court.
The Benefits of Collaborative Divorce
Choosing collaborative divorce over traditional proceedings offers several significant benefits, including:
- Reduced financial and emotional costs: Collaborative divorce typically involves lower costs and less emotional strain compared to traditional divorce.
- Shorter timeframe: The collaborative process often takes less time to reach a resolution, bringing the divorce to a quicker conclusion.
- Greater control over the outcome: Collaborative divorce allows couples to actively participate in shaping the terms of their divorce agreement, maintaining a greater sense of control.
- Improved communication and respect: The emphasis on open communication fosters healthier interactions between the divorcing parties, enhancing the chances of a mutually agreeable settlement.
- Tailored solutions: Collaborative divorce promotes personalized solutions that address the unique needs and goals of each party.
Conclusion
Collaborative divorce provides divorcing couples in Wisconsin with an innovative and amicable alternative to traditional divorce proceedings. This non-adversarial approach allows couples to work together respectfully and cooperatively, ultimately resulting in faster, more affordable, and less contentious resolutions. If you’re considering divorce, hiring a collaborative law attorney can help you navigate the process while preserving your control over the outcome.