Divorce-traditional and collaborative

Marriage is entered into with hopes of living a life together forever; which makes going through a divorce a difficult passage.  Marital property will need to be appropriately divided, your children’s custody and physical placement best interests met and issues of financial support properly addressed.  Knowing what to expect, what matters and what does not is important.  Having help along the way to make decisions that will impact you and your family for years to come (in some cases indefinitely) can make things much less daunting.  While it is unlikely that any divorce will be considered a pleasant experience, having an attorney that communicates with you and your spouse’s attorney and is willing to take a problem-solving approach will make it a less difficult process.

In addition to the “traditional” divorce process of filing a divorce and seeking the court’s assistance; there remains another option called “collaborative” divorce.  In a collaborative divorce, both spouses agree to work together with their own attorney and each other, to reach agreements to all matters in the divorce, including child custody, physical placement, support and property division.  They also agree to not seek out the court to settle disputes, instead opting to work with other professionals such as counselors, for matters involving the children and mutually agreeing to valuations and appraisals of property where necessary.  In a true collaborative approach, should a spouse decide to abandon the collaborative approach, each will need to obtain new attorneys before continuing with a traditional approach.  Generally, collaborative divorces cost less, take less time and result in a less stressful process than traditional.  While more commonly used in Milwaukee and Dane counties, the collaborative process is gaining popularity in other areas of Wisconsin with successful results.

Legal separation follows almost the same process and procedure as a divorce.  Court orders as to custody, physical placement, support and property division orders are put in place.  Either party can request that the court to convert the legal separation to a divorce at a later date.

Paternity

A paternity action creates a legally recognized parent/child relationship between a man and a child, including the right to inherit and to support.  Establishing paternity is often the first step to creating custody rights (decisions regarding medical treatment, education, religion, etc.) of the father, as well as physical placement (the times the child will be with each parent), responsibility for insurance coverage and child support.  In some cases, the State of Wisconsin, through the local child support agency, will start an action to establish paternity due to benefits being administered.  Paternity can be established through other means, including a voluntary acknowledgment.  It is important to note that agreements as to custody, physical placement and child support payments have long standing consequences and should not be made without significant consideration.  If necessary, upon establishment of paternity, decisions as to custody and physical placement can be mediated and/or aided with the help of a guardian ad litem to allow the court to determine what is in your child’s best interest.

Prenuptial or Marital Property Agreements

Wisconsin is a marital property state (since 1986), which is a form of community property.  In short, this means that unless the property you own was gifted to you by someone other than your spouse or is property you received through an inheritance; it is marital property subject to division in the event of a divorce or death.  In cases of second marriages and/or business owners, it is likely that the spouses will want to treat their property as being available for their children and/or business partners, so as to not disturb the relationships and commitments that already exist.  This is where a prenuptial agreement or marital property agreements come in.  They are commonly signed prior to the marriage, giving sufficient time to review, after exchanging financial information.  They go into effect upon marriage.  This allows both spouses to treat certain property as their own and to remain theirs in the event of divorce or go to the persons they choose upon their death.  It also establishes what will be considered as marital property, going to each other upon death or to be divided in the event of divorce.