Divorce is never an easy decision, no matter how long you have been married. There are numerous things that need your attention, and if you and your spouse are not on talking terms, the process may take much longer. Wisconsin is a no-fault state for divorces, which essentially means that the “irretrievable breakdown” of a marriage is the only ground for divorce. It is pertinent that you talk to an experienced divorce attorney Wisconsin to understand how the decision may impact your life. In this post, we are discussing some basic aspects of a collaborative divorce.
What is a collaborative divorce?
In simple words, a collaborative divorce is where spouses “collaborate” through their lawyers to resolve conflicts that are pausing the divorce process. This is a form of alternative dispute resolution. In most cases, the separating spouses decide that they don’t want to go into litigation and would rely on their attorneys to cooperate on key issues so that viable solutions can be determined. Avoiding litigation allows the couple to decide things without letting the court take over.
Understanding a Participation Agreement
Both parties and their respective lawyers enter into a Participation Agreement, which states the commitments of the spouses with regard to collaborative divorce proceedings. If you decide to enter into a Participation Agreement, you make a commitment that the attorneys will withdraw from the process and not engage in litigation if there is no resolution for the divorce problems.
Why consider a collaborative divorce?
There are several advantages of a collaborative divorce. Firstly, you don’t have to deal with as much stress because you are unsure of what your spouse is going to do next. There is also the Participation Agreement, which clearly states the rules on how all parties are supposed to interact with one another. You don’t have to bother about the aggressive stance of your ex. Because you are resolving things amicably instead of fighting the battle in court, you will have to spend less on a collaborative divorce. While there is a 120-day waiting period in Wisconsin, divorces take much longer. Through the process of collaborative divorce, you can expect to resolve issues sooner and start a new life.
Also, collaborative divorce allows you to decide what you want with your spouse. If you allow the judge to do that, the outcome may not be in your favor. Also, having an attorney ensures that your rights are protected.