Finding A New Normal After A Traditional Divorce
“Traditional divorce” is not in and of itself a legal term. It’s more of an expectation or understanding of how the overall process is viewed and will be conducted. In a traditional divorce, lawyers can be cooperative or uncooperative. They can freely exchange information, or they can be obtrusive, potentially requiring that they are forced to exchange information utilizing formal legal processes known as “discovery.”
Determining What Is Best For You
Schmidlkofer, Toth, Loeb & Drosen, LLC, has helped clients throughout Wisconsin understand the issues they are facing. The underlying theme in traditional divorce is that there are no rules limiting or regulating either party’s actions. Further, there are no rules limiting or regulating the actions of the respective parties’ counsel either. It is for that reason that traditional divorce is viewed by many lawyers and litigants as unpredictable and potentially expensive.
For some, a traditional divorce is not so much a choice as an obligation because their spouse chooses not to obtain counsel of their own or refuses to opt into either the collaborative or cooperative process. In other instances, it’s because they would prefer not to be restrained by the agreements or stipulations that are associated with either a cooperative divorce or collaborative divorce.
Can A Traditional Divorce Culminate In A Trial To The Judge?
Yes. Unlike a collaborative divorce, a trial to the judge is an option in the event of a breakdown in negotiation in a traditional divorce. With that said, the norm even in traditional is for the divorce to conclude with a stipulated divorce hearing.
In a traditional divorce, you need to be vigilant in ensuring that the matter is proceeding in a manner that you deem appropriate at all times. Without the safeguards provided in the other processes, parties and their actions can quickly spiral out of control, and before you know it your matter may be proceeding to a contested trial to the court.