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What Exactly Is a Collaborative Divorce?

D'Angelo & Grabow, LLP Sept. 20, 2018

Few people like being told what to do. This is true for children when it comes to doing what their parents say, and this can also be true for adults who wish to exercise the freedom and autonomy they desire to solve their problems on their own terms. However, when it comes to legal processes, many Wisconsin residents accept that the outcomes of their cases will be determined by the rulings of the courts that hear their matters.

This does not always have to be the case, though. When it comes to divorce, Wisconsin residents can elect to take matters into their own hands and to pursue collaborative divorce. A collaborative divorce may help the parties to the ending marriage to keep the power to decide important issues in their own hands and out of the control of a judge who has been assigned to their case.

A collaborative divorce involves the partners to the ending marriage and their attorneys. Over time the parties may negotiate with each other in the presence of their attorneys, and at times their attorneys may communicate directly about how to help their clients resolve their divorce issues. A collaborative divorce is therefore what it sounds like: a chance for the parties to a marriage to work together to find an acceptable way to separate their lives.

Pursuing a collaborative divorce is not a requirement and individuals can choose to use the courts to litigate the ends of their marriages. However, in the event that the parties to a divorce want to collaborate, they should take the time to find legal representatives who understand collaborative divorce and are prepared to advocate for their clients.