Divorce can feel overwhelming enough without adding a courtroom dispute to everything else you already have to manage. You may want to resolve matters respectfully, protect your privacy or avoid having important decisions about your family and finances left entirely to a judge. At the same time, you may not know what options you have for reaching an agreement outside a traditional court battle.
Here are some ways you may be able to resolve your divorce and what court involvement still remains necessary.
You can negotiate disputes outside court
Negotiation gives you and your spouse an opportunity to work through disagreements and reach terms you both accept.
You might use it to resolve issues involving:
- Property and debts
- Maintenance
- Custody and placement
- Other terms of your divorce
Wisconsin’s prejudgment divorce process allows spouses to use negotiation to reach an agreement before the case reaches a contested hearing.
Mediation and collaborative divorce offer alternatives
These approaches provide additional structure when reaching an agreement on your own feels difficult. During mediation, a neutral third party helps you and your spouse discuss disputed issues and work toward mutually acceptable terms. In a collaborative divorce, each spouse works with their own attorney, while other professionals can join the process when needed.
Your agreement must address the divorce terms
Once you reach a settlement, you and your spouse need to put those decisions into a written agreement. The document can spell out how both parties will handle matters such as property, debts, maintenance and other unresolved issues.
Putting your agreement in writing also gives the court a clear record of the terms you want incorporated into your divorce.
A judge still finalizes the divorce
Settling your disputes outside court does not eliminate the court’s role in ending your marriage. Wisconsin law does not allow spouses to create a final divorce solely through a private agreement. The court must approve and incorporate the agreed terms into the judgment of divorce.
The difference lies in whether you need a judge to resolve contested issues, not whether the court remains involved.
Choose the path that fits your situation
Negotiation, mediation or collaborative divorce can help you settle disagreements without a contested divorce trial. Each approach works differently, so your circumstances matter when deciding how to proceed. An attorney can review your situation, explain your options and help you assess an agreement before you submit it to the court.