Overview
Divorces can be emotional and stressful affairs for all parties involved. The process of dissolving a marriage can be complex and time-consuming, with legal battles often leaving everyone feeling drained and exhausted. In Wisconsin, two popular methods of divorce proceedings are collaborative law and litigation. Both have their advantages and disadvantages, and it is essential for anyone considering divorce to understand the differences between the two.
Collaborative Law
Collaborative law refers to a process wherein both parties work together to reach a mutually acceptable agreement. It involves a legal team working together with both parties to address all the necessary issues involved in a divorce, such as division of assets, custody arrangements, and spousal support.
How Collaborative Law Works
In a collaborative divorce proceeding, both the party and their legal representatives sign a participation agreement that outlines the goals of the process. Further, the parties commit to sharing critical information openly and honestly, working with each other to reach mutually beneficial solutions without resorting to the courts.
During the proceedings, both parties will work with a team of lawyers, mental health experts, and financial advisors. The two parties will meet with each other, their respective legal teams, and the expert team as required to discuss and attempt to resolve issues that arise during the process.
Advantages of Collaborative Law
There are many compelling reasons to choose collaborative law to separate from your partner. Firstly, it encourages communication and collaboration, which can minimize the negative impacts a divorce can have on children. Additionally, it can be a much quicker and less expensive choice than litigation.
Disadvantages of Collaborative Law
One downside to collaborative law is that, since both parties agree on the terms of the divorce, the process may not be the best choice for some couples—especially if one member accuses the other of dishonesty or there is a history of domestic violence.
Litigation
Litigation refers to a legal proceeding carried out in a courtroom before a judge. A divorce proceeding through litigation can be contentious and a last resort before considering a resolution outside of court.
How Litigation Works
The first step of a litigation divorce proceeding entails filing a petition for divorce. This step often prompts the appointment of a temporary order to allocate responsibility for parental rights, finances, and property throughout the divorce process. The parties will then go through the process of discovery, where they obtain evidence from each other and other relevant sources to support their case.
After discovery, if the parties have not been able to reach an agreement, they will proceed to court. In court, they will present their case to a judge who will make a binding decision on the issues the parties have been fighting about and resolve to settle their case.
Advantages of Litigation
Litigation can be a helpful option when all other methods of dispute resolution have failed. If one party is unwilling to collaborate, litigation may be the only way to come to a resolution. It’s worth noting, litigation provides a legal atmosphere to resolve substantive issues.
Disadvantages of Litigation
The major disadvantage of a litigation proceeding is that it can be long and expensive. The court process can take a lot longer than other dispute resolution methods. Additionally, the resulting decision may not be satisfactory for either party, and the process can be emotionally strenuous.
Conclusion
Divorce is never an easy process. However, in Wisconsin, there are two methods of dispute resolution to select from—collaborative law and litigation. While both methods have advantages and disadvantages, it is ultimately upon parties to make the right decisions for themselves as those are the ones that will serve to enable them to move on with their lives.