In Wisconsin, the only ground for divorce is the “irretrievable breakdown” of the marriage. It doesn’t matter if one spouse has deserted the other or has been unfaithful. In some cases, the court may consider these aspects for other things like child custody and alimony, but as far as divorces are concerned, these aspects are not important. If you and your ex are capable of communicating with one another, you can consider the option of a collaborative divorce. Top law firms like Karp & Iancu, S.C. in Wisconsin help clients in resolving issues amicably through the collaborative process. We have answered some key questions about collaborative divorces.
What is the collaborative divorce process like?
There are three key aspects of a collaborative divorce. Firstly, both parties agree to resolve things through collaboration, for which they, along with their respective attorneys, sign a Participation Agreement to not go into litigation. Secondly, if either party decides to fight the battle in court, the hired professionals must withdraw from the case. Thirdly, the entire process of collaborative divorce is based on good faith and the willingness to resolve things amicably.
What are the benefits of a collaborative divorce?
Collaborative divorce is a simpler process and a great alternative to litigation. It takes place in an informal setting, and both parties get the chance to present their side and communicate what they want from the divorce. There is no aggressive stance, and because lawyers don’t have the incentive of going to court, they do their best to ensure a settlement agreement is agreed upon. Compared to a contested divorce, a collaborative divorce is much cheaper and can be finalized sooner.
What if the parties cannot come to an agreement?
There are other options like mediation that separating spouses can consider within the collaborative divorce process. Eventually, if there is no room for discussion, either party may decide to take the matter to court. However, in such cases, both collaborative lawyers and their respective team members involved in the case are required to withdraw from the case. Both parties can hire trial lawyers separately.
What if my partner doesn’t agree to a collaborative divorce?
If you can talk to your spouse, explaining the benefits of a collaborative divorce is a good idea. Please encourage them to speak to an experienced lawyer and discuss the pros and cons of the process in detail. It is a personal decision for them; therefore, you cannot make them do something.
Call a lawyer now for more info on collaborative divorces.