Tag Archive for: collaborative divorce

Wisconsin study suggests collaborative divorce on the wane

Not so long ago, collaborative divorce looked like it was the cutting edge of family law. The process was supposed to be less adversarial, less expensive and less difficult than traditional divorce. But now a report out of Wisconsin seems to indicate enthusiasm for the process has withered.

After sampling two years’ worth of Waukesha County divorce data, researcher Gregg Herman found collaborative divorce proceedings were actually on the decline in the study area.

Herman’s research found that the number of collaborative cases declined from 25 cases per year to 17.5. That’s a decrease from 2 percent of Waukesha County divorces to 1.4 percent of divorce cases. Also, the failure rate – or rate at which the collaborative divorce process did not meet the parties’ needs and expectations – went “way up” from 11 to 17.5 percent.

The research doesn’t point to a definitive answer for the decline, but Herman suggests one possibility could be that a weak economy may mean people are putting off divorce because they cannot afford it.

Herman cautions that collaborative divorce was never intended for everyone. It does not work well in cases of domestic violence, substance abuse, alcoholism or instances in which one spouse is trying to hide assets. The system also has its critics, who say it over-emphasizes cooperation and minimizes the zealous advocacy that people need to make sure they reach a realistic and just outcome.

If you are considering divorce, it is a good idea to think carefully about what option is best for you. Collaborative divorce may be a good option for some people, but it does not work for everyone and the study suggests that, locally at least, its utility isn’t living up to the hype.

Source:

•· The Milwaukee Journal-Sentinel, “Collaborative Divorce on the decline?” Bruce Vilmetti, 9 June 2011.

•· Wisconsin Law Journal

Collaborative divorce: right for some, but not for all

The executive director of the Collaborative Family Law Council of Wisconsin recently wrote an opinion piece for the Milwaukee Journal-Sentinel in which he urged residents of Milwaukee and other Wisconsin cities to consider a means of separating to which they may not have previously given much thought — collaborative divorce. While there are benefits to collaborative divorce, there are drawbacks as well. Any Milwaukee resident who is thinking of separating with a spouse would do well to consider both the advantages and disadvantages of collaborative divorce, which will be briefly outlined here.

Collaborative divorce is somewhat similar to divorce mediation in that the objective is a parting of ways that is as easy as possible on the family as whole. Collaborative divorce incorporates the services of financial professionals, who try to help a couple reach a fair and just property division agreement that is in accord with the law, and therapists and relationship experts, who address emotional needs. This gentle and holistic approach is just the right fit for some people.

But as you can tell, involving that many professionals in one process can get quite expensive. Another drawback is that if the collaboration fails, your attorney may not be able to represent you if the divorce goes to litigation – shouldn’t people be allowed to choose whichever representation they wish? Lastly, while no one likes fighting, it is just a fact that sometimes a fair-but-firm stance is necessary in a divorce, and collaborative law setup may not provide that.

Have you had experience with either type of divorce? Do you think collaborative divorce is a viable option, or do you think it really only works for a few rare couples?

Source: The Milwaukee Journal-Sentinel, “A better way in divorce process,” Brian H. Jensen, Sept. 15, 2011

Coping financially when enduring a divorce

When faced with a divorce, it can be extremely difficult for both parties, but even more for the children who are involved. As you face the divorce process, you will need to consider what parenting plans you will put into effect. Even though many parents strive to ensure the child has the same lifestyle as before, it can become extremely difficult in this situation. Essentially, there are two households operating on the same income as before, which can lead to hardship for the parties involved.

Before you begin a long and drawn-out divorce battle, try to work out a plan for custody as quickly as possible. Working together to help make the process smoother will help save both parties a lot of hassles and headaches during the court hearing. It is important to maintain civil and prevent putting the child through any more than what they are already undergoing.

Regardless of whether you live in Wisconsin or any other state, the process is essentially the same for divorce proceedings. The better prepared and willing to cooperate both parties are, the easier the process is for everyone involved. Even though you cannot predict what the future holds in store for your financial situation, you can try to develop a plan that will work best for the time being.

Divorces are an extensive process, which is why it is important to have an experienced attorney on your side. When you have someone who is knowledgeable about the matters of the law, you will not have to worry about being taken advantage of during the proceeding. Don’t face divorce alone when there are attorneys available to help walk you through the process.

Source: Fox Business, “Managing Finances Through a Divorce,” Andrea Murad, Sept. 28, 2012