While people may want to divorce as quickly as possible, the law limits their ability to do so. Some people contemplating divorce may have unrealistic expectations because they hear about cases from other states.
There is no such thing as an overnight divorce or weekend divorce in Wisconsin. Spouses must follow specific procedures enshrined in Wisconsin state laws. One spouse must file a petition with the courts and serve the other. If there are disagreements about property division, financial support or custody, spouses may expect to litigate those matters in front of a family law judge.
However, Wisconsin state law requires a 180-day waiting period, sometimes known as a cooling-off period, before spouses can finalize a pending divorce. For many couples, mediating their outstanding disagreements during those 120 days can be a smart decision.
Why is mediation helpful during divorce?
Divorce litigation is expensive, time-consuming and unpredictable. Spouses who settle their disagreements before their date in court can avoid litigation entirely.
Mediation requires the services of an outside, neutral party familiar with Wisconsin family laws. Mediators help spouses resolve their disputes by facilitating conversations and encouraging compromise.
The mediation process is confidential, which means that spouses can talk about their concerns and disagreements without every allegation or confession becoming part of the public record. If spouses reach an agreement, they are in a position to convert what could be a litigated or contested divorce into an uncontested filing.
They may ultimately be able to complete the divorce process much more quickly if they successfully mediate. Bypassing litigation can also reduce what they pay for the divorce. Despite the cost of a mediator’s services, settling issues amicably reduces the time in court and the legal fees incurred by the spouses. Mediation also gives spouses the authority to set the terms for their divorces instead of relying on a judge to divide their property and address parenting issues.
Suggesting a divorce mediation arrangement while waiting for a hearing in family court could help spouses make use of that time and take control of the divorce process. Those concerned about the timeline or expense of a litigated divorce may find that settling issues amicably helps them avoid delays and additional costs.