Traditional divorce proceedings are emotionally draining. You just want it over. You want to start a new future. Yet, from the emotions and the financial toll, it may seem like going through a divorce is incredibly challenging.
Collaborative divorce in Wisconsin provides an alternative avenue that enables both spouses to have more control over what occurs as well as how decisions are made. Consider how collaborative divorce could create a more cooperative and less adversarial approach to ending your marriage in Wisconsin.
Vanden Heuvel & Dineen, S.C. is happy to offer you guidance and support throughout this process. Let us help you determine if collaborative divorce is the best option for your specific needs.
Understanding Collaborative Divorce
Collaborative divorce is an opportunity for both spouses to come together to make decisions about their future. You may not both agree on various factors right now, but with the help of your attorneys and, potentially, mediation support, you can come to an agreement in a much more positive, less frustrating manner.
There are several factors that make collaborative divorce successful:
- Both parties need to participate in it.
- Both parties must show the other respect.
- Commitment to open communication and full transparency
- Agreement by both parties to avoid court litigation
You are not navigating this process on your own. With the help of your divorce attorney in Wisconsin, you’ll have a professional available to guide and support you through the process.
The Collaborative Divorce Process
Though there’s some difference in what occurs from one divorce to the next, there are several components that make up the collaborative divorce process.
- Both parties must agree to this type of divorce. If that is not possible, and one party wants to go to court, collaborative approaches cannot work.
- Seek out the help of attorneys who offer specific collaborative support services.
- Sign an agreement that you will work through this process (and your spouse does as well) with the objective of avoiding court.
Your collaborative team is likely to include attorneys for each spouse, both of whom must be familiar with this process and willing to help you navigate it. More so, there may be the need for additional professionals, including mental health professionals, financial advisors, and child specialists.
Then, a four-way meeting occurs. Most often, there are numerous such meetings. During the meetings, both parties and their attorneys work to make decisions about the divorce including related to property division, custody, and support.
Legal and Financial Considerations
The next objective is to understand the legalities of this process. Wisconsin divorce laws support the concept of collaborative divorce. With the help of your collaborative divorce attorneys in Wisconsin, you will receive guidance and support to ensure you meet all state laws.
Financial disclosures are a core component of this process and must be considered from an authentic, transparent point of view. It is critical to be open and honest. The use of financial experts to assess assets, liabilities, and specific areas of concern is critical. This ensures that everyone understands not just what the assets are, but their value.
Finally, a settlement agreement is drafted. This creates a clear, step-by-step breakdown of what occurs during the divorce and the decisions each party has agreed to moving forward.
The Benefits of a Collaborative Divorce
Collaborative divorces offer key benefits to most couples:
- There’s less stress and conflict involved
- There’s more focus on preserving relationships overall, which is important in situations where children are involved.
- Financial benefits include lower costs because you can avoid court litigation and more efficient resolution so financial matters can move forward with ease.
- It is time efficient, and it is often a much shorter process than that expected from a traditional divorce. It is also easier to schedule times that work for all parties to meet.
Challenges and Considerations
To be effective, collaborative divorce attorneys in Wisconsin need to be able to overcome several common challenges:
- Commitment: Both parties must be committed to the process. That means both parties must be willing to collaborate and maintain positive communication. If one party is uncooperative or dishonest, the entire process will be ineffective.
- Suitability: Not every situation can be resolved through collaborative divorce. If there is a history of abuse or power imbalances in the marriage, this may not be effective in creating a truly effective outcome.
- Potential for failure: In some situations, breakdowns occur, often due to disagreements. That could mean the need to start over.
Both parties must understand the risks for failure as well as the opportunities for success when considering this method of divorce.
Comparing Collaborative Divorce to Other Alternatives
Numerous other methods of divorce exist, and all should be equally considered to determine which is best suited for your situation:
Mediation
In collaborative divorce, the two spouses make decisions together. In mediation, the agreed-upon mediator is tasked with the decision-making. This is necessary in situations where couples cannot communicate.
Traditional litigation
Traditional litigation is the process of filing documents in court and letting the court make the decisions for your future. It is longer and more expensive to go with traditional divorce, but it may be necessary when parties cannot reach an agreement.
Finding Collaborative Divorce Professionals in Wisconsin
There are numerous reasons to consider a collaborative divorce, especially if you believe the two of you just need to make some decisions. To be successful, work with a collaborative divorce attorney in Wisconsin who can help to move your case forward while protecting your rights.
Consider looking into the Wisconsin Collaborative Family Law Council for additional guidance and support. More so, learn about those providing services, including their experience working with people in the specific situation you are in.
Hold an initial consultation with the attorney you find. Discuss your questions. Get insight into how well this method may work in your specific situations. Speak with the attorney about the additional professionals, such as mental health professionals and financial experts, that you may need to help you with the process.
How to Move Your Divorce to the Next Level
For those who are facing the need for divorce, doing so with collaborative divorce in Wisconsin could be beneficial to your outcome. Note that not every relationship can end in this way, but if both parties can commit to it, maintain open communication, and ensure professional guidance, it may be one of the best decisions you can make.
Contact Vanden Heuvel & Dinneen, S.C. today to learn more about how you can embrace collaborative divorce in Wisconsin.
