Wisconsin Divorce Options That Work for You
The first step in obtaining a Wisconsin divorce is deciding which process is right for you. No matter how you found yourself here, being involved in a divorce is not what you wanted when you married. You can survive your divorce by learning all you can about divorce options and the divorce process in Wisconsin.
Types of Divorce Process Options
Collaborative DivorceCollaborative divorce is a process in which you and your spouse work with your lawyers to resolve issues and develop a solution for the future. This process encourages creative problem solving, win-win negotiations, and resolutions that meet the needs of all members of the family. Parties involved in this process retain control over their outcome instead of giving these important decisions to a judge.
MediationIn mediation, the parties hire a neutral third party to assist them in reaching agreements. The mediator provides information about the legal process and guides the overall discussion to help resolve issues. The mediator does not represent either party and cannot provide legal advice, but can assist with writing the agreement. The goal of mediation is to allow parties to reach agreements that meet the needs of both parties and their children without the financial and emotional cost of a court battle.
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Pro se divorce
In a pro se divorce, the parties do not hire attorneys, they do it themselves. This is best suited for couples who agree on most aspects of their divorce and who have few or easy-to-value assets, little to no debt, or where income and child support or spousal support is not an issue. The couple will proceed on their own to draft and file the necessary court documents. In Milwaukee County, pro se packets are available for a small fee in Room 307A of the Milwaukee County Courthouse.
If an issue is not agreed upon, the parties have to be prepared to act as their own lawyers in a trial. That means they must call witnesses, ask questions of the opposing party and tell the court why their request for certain orders should be granted.
If an issue is not agreed upon, the parties have to be prepared to act as their own lawyers in a trial. That means they must call witnesses, ask questions of the opposing party and tell the court why their request for certain orders should be granted.
Traditional Divorce
In a traditional divorce there will be negotiations, but the expectation is that if an agreement is not reached, the Judge or Commissioner will make the decisions about all disputed issues. This can include division of assets, debts, placement of children, child support or spousal support.
This model is an adversarial process in which each attorney advocates positions based on the personal needs and viewpoints of their client. The parties communicate through their attorneys, rather than directly with one another, regarding their positions, proposals, and counter proposals on the issues in their divorce. While good divorce lawyers try to settle their cases, in traditional divorce, each lawyer must always be prepared for a trial in case a settlement is not reached. In some cases that means that a great deal of time and money is spent in discovery and trial preparations as well as settlement negotiations.
If agreements are not reached, parties and other witnesses testify before a judge who makes decisions on each disputed issue. Most traditional divorces are eventually settled after substantial time, money and emotion have been spent in conflict.
This model is an adversarial process in which each attorney advocates positions based on the personal needs and viewpoints of their client. The parties communicate through their attorneys, rather than directly with one another, regarding their positions, proposals, and counter proposals on the issues in their divorce. While good divorce lawyers try to settle their cases, in traditional divorce, each lawyer must always be prepared for a trial in case a settlement is not reached. In some cases that means that a great deal of time and money is spent in discovery and trial preparations as well as settlement negotiations.
If agreements are not reached, parties and other witnesses testify before a judge who makes decisions on each disputed issue. Most traditional divorces are eventually settled after substantial time, money and emotion have been spent in conflict.
The Difference Between Collaborative Divorce & Traditional Divorce
A collaborative divorce, unlike traditional divorce, is a commitment to an out-of-court settlement. A collaborative divorce process allows the clients greater control over the outcome and focuses on meeting the needs of both clients. Collaborative divorce is more private as negotiations take place behind closed doors. It focuses on the positive restructuring of family relationships.
Those considering a collaborative divorce must be willing to resolve all related support, custody, and property disputes in a constructive and reasoned atmosphere.
Those considering a collaborative divorce must be willing to resolve all related support, custody, and property disputes in a constructive and reasoned atmosphere.
Types of Divorce Cases Attorney Diane S. Diel Handles
- Collaborative Divorce.
- Divorce Mediation.
- Limited Scope Representation (including marital agreements).
- Traditional Divorce.
Call for a FREE Phone Consultation with an Experienced Settlement Focused Divorce Attorney in Milwaukee
On your initial call to this office, you may be asked to provide information so that we can make sure that we do not have a conflict of interest. After that initial call, as soon as possible, Attorney Diane S. Diel will give you a free half-hour telephone call consultation.
Thereafter, you and Attorney Diel will decide whether you wish to meet for an initial consultation. At the initial consultation, Attorney Diel will answer your questions and give you information on what to do and what not to do during the divorce process. Because we spend quality time with you addressing your individual issues, and because we provide valuable legal advice to you, we do charge an initial consultation fee. Feel free to contact us with any questions.
Thereafter, you and Attorney Diel will decide whether you wish to meet for an initial consultation. At the initial consultation, Attorney Diel will answer your questions and give you information on what to do and what not to do during the divorce process. Because we spend quality time with you addressing your individual issues, and because we provide valuable legal advice to you, we do charge an initial consultation fee. Feel free to contact us with any questions.
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