Working Through A Collaborative Divorce Together
At Schmidlkofer, Toth, Loeb & Drosen, LLC, we bring more than 100 years of combined legal experience to people throughout southeastern Wisconsin. We take the time necessary to fully explain the law and process, as well as your options and likelihood of success, so that you always know what to expect.
Understanding The Process
The collaborative divorce process evolved as more people sought to settle divorce differences without the time, expense and emotional bitterness often associated with the traditional divorce process. In the collaborative process, both parties retain counsel, but the role of the lawyers is to help the parties identify ways to resolve their differences without the involvement of the judge or the court.
In the collaborative process, the parties frequently bring in outside experts, such as financial planners and family counselors, to determine the most effective solutions to issues such as custody, visitation and support. If the parties come to an agreement on all issues, a binding order is entered by the court. If the parties cannot resolve differences collaboratively and must seek the intervention of the courts, the parties must hire new counsel to represent them in any further legal proceedings.
We will handle all matters related to your collaborative divorce proceeding, and we will help you identify all potential avenues to settle your disagreements without going to court. We have the ability to protect your interests without making the process unworkable. We can also draft the marital settlement agreement, should you settle all differences through the collaborative process.
What If My Spouse Won’t Agree To Collaborative Divorce?
Both spouses must voluntarily choose this approach for the process to move forward. You cannot force your partner into this method if they prefer traditional litigation. However, many people change their minds after learning about the potential benefits:
Lower costs: Reducing legal fees and court expenses
Privacy: Keeping personal matters out of public courtrooms
Less conflict: Preserving relationships and protecting children from hostility
If your spouse remains unwilling, you still have other divorce options available. Our firm can guide you through whichever path makes sense for your situation and help you understand what each approach involves.
Frequently Asked Questions About Collaborative Divorce In Wisconsin
People often want answers about the collaborative divorce process. See our questions and answers below, and contact our firm if you have further questions.
Is collaborative divorce confidential in Wisconsin?
Yes, collaborative divorce is confidential in Wisconsin, but there are some things you should understand about it. The collaborative divorce process itself is confidential because it is a private agreement, not a public trial. When it is successful, no private documents are filed with the court.
It is important to consider what happens if the collaboration fails, however. In this situation, the parties must find new lawyers and proceed to court to resolve the divorce. Then the details of the divorce will be available to the public.
How long does a collaborative divorce take in Wisconsin?
The time a collaborative divorce takes in Wisconsin depends on how long the couple negotiates or contests the issues. A collaborative divorce in Wisconsin cannot be finalized until the end of a 120-day waiting period. Prior to the waiting period, the parties will begin negotiations and attempt to resolve property division, support and child custody. They may resolve the matters before the waiting period starts or they may continue negotiating while the waiting period runs.
In a collaborative divorce where the parties agree on the issues, it may only take four to six months from the date that they filed. When there are some matters that need to be negotiated, the process may take six to nine months. Contested cases will typically take the longest time, with some lasting nine months to more than a year. Every case is different, though, and you should speak with a lawyer to estimate how long your divorce may take.
What happens if my spouse or I decide to quit the collaborative process?
If you or your spouse decides to quit the collaborative process, it is considered to have failed and will go to court.
Before the process begins, both parties sign an agreement stating that if the collaborative process does not work, each party will withdraw and get new attorneys. Then the divorce will take place in court. Because the goal is likely to stay out of court, it is usually advantageous to work through any issues you encounter during the collaborative process.
Contact Our Office Today
For a free initial consultation with an experienced Milwaukee collaborative divorce attorney, contact us by email or call our office at 414-250-8548. Evening and weekend appointments are available upon request. We accept Visa and Mastercard.