The essence of Collaborative Divorce is a pledge by both parties and their attorneys to reach a settlement without the involvement of the Court. This process involves a team of professionals, including legal, mental health, and financial specialists, to assist the couple in reaching a mutually beneficial outcome. Collaborative Divorce may not be for everyone. But it is a viable alternative for families who wish to preserve respectful relationships following divorce and begin new lives in a more healthful way.

Divorce will always remain a significant life event. But there is life after divorce. Collaborative Divorce helps the parties embrace the future by providing them with a less destructive way to resolve issues and get on with life.

The following are frequently asked questions about Collaborative Divorce.

• What is Collaborative Divorce?

• Am I represented by an attorney in Collaborative Divorce?

• Are other professionals involved in the process?

• What makes Collaborative Divorce different from other divorce processes?

• Is Collaborative Divorce less expensive than traditional divorce?

• What happens if agreement cannot be reached and one or both parties want to pursue a court battle?

• How can I be sure my spouse will disclose all necessary information under Collaborative Divorce?

• Who practices Collaborative Divorce?

• What are the benefits of Collaborative Divorce?

What is Collaborative Divorce?

It is a process of divorcing in which both parties and their attorneys pledge in writing to resolve all issues by agreement without the involvement of the Court. The emphasis is on finding mutually-agreeable solutions rather than engaging in a protracted legal battle.

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Am I represented by an attorney in Collaborative Divorce?

Yes, both parties retain attorneys. In addition to consulting privately with your attorney, you will participate in four-way meetings with your spouse and his/her attorney. The purpose of this is to maintain an atmosphere of cooperation and open communication so that a settlement can be reached that meets the needs of all family members.

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Are other professionals involved in the process?

Yes. Collaborative Divorce is true to its name in that it involves the counsel of child and family specialists and financial advisors. You will meet with these other professionals as needed.

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What makes Collaborative Divorce different from other divorce processes?

Collaborative Divorce recognizes that a marriage may be ending, but that relationships and obligations continue, especially when the family includes children. It seeks to replace the adversarial approach of the typical divorce with a more respectful process that preserves the dignity of both parties. Collaborative Family Law is a solutions-oriented approach that helps couples create a settlement that addresses their family's individual needs.

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Is Collaborative Divorce less expensive than traditional divorce?

It can be. The process is designed to be more efficient, with four-way meetings between the parties and their attorneys facilitating a settlement. Collaborative Divorce eliminates the multiple court appearances and conflict that are often part of traditional divorce, thereby reducing the emotional and financial costs. Your Collaborative Divorce attorney is the best source of information about fees and costs.

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What happens if agreement cannot be reached and one or both parties want to pursue a court battle?

The spouses and attorneys are bound by a written pledge not to go to court. If agreement can't be reached, Collaborative Divorce attorneys may suggest bringing in mediators to facilitate a settlement. However, if one or both parties wish to litigate, both attorneys are legally obligated to withdraw from the process and can no longer represent their clients. This means that both spouses have to hire new attorneys and follow the traditional divorce process through the court system, adding substantial conflict and expense to the divorce.

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How can I be sure my spouse will disclose all necessary information under Collaborative Divorce?

Collaborative Divorce assumes that both parties will act in good faith. They agree to this at the start. If one party fails to be honest about any information, it could threaten the continuation of the process under Collaborative Divorce.

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Who practices Collaborative Divorce?

An attorney who is a member of the Collaborative Family Law Council of Wisconsin will have family law experience. In addition, the attorney will have received special training in Collaborative Divorce. Be sure to ask about your attorney's experience and training if you choose the Collaborative Divorce approach.

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What are the benefits of Collaborative Divorce?

In summary, it results in valuable benefits:

• It establishes a team instead of adversaries. You all work together and retain control of the process.

• It enables you to bring in expert consultants, such as child and family specialists and financial advisors, to provide valuable perspective.

• You can schedule meetings without waiting for court dates. This means you generally spend less time, and as a result, less money.

• Your issues stay within the Collaborative Divorce setting for more privacy and greater confidentiality.

• You and your spouse shape the agreement together - which means you both are more likely to honor it and avoid any future returns to court.

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