Divorce

Services for divorcing couples include mediation, collaborative divorce representation, and representation of a child’s best interests as Guardian ad Litem.

Divorce Mediation

Divorce mediation is an alternative to traditional litigation for achieving a divorce. Only you can decide which process is right for you, but generally, it can help to think about your alternatives in terms of whether you want to focus your energies on looking backward or forward. In traditional litigation, spouses might focus more on what has happened in the past by attempting to right wrongs or correct imbalances through positional litigation. A focus is on “fairness.” By comparison, mediating spouses are encouraged to focus on where they want to end up, and how they want to feel, when the process is over.

Divorce mediation is a dispute resolution process that helps separating spouses or domestic partners make durable, acceptable agreements that have the capacity to heal wounds and facilitate ongoing relationships. Especially where children are involved, we know that these relationships will continue long after the legal divorce process has concluded. The quality of these relationships can and will be largely affected by how separating spouses approach the process of separating their lives.

Divorce mediation can be used either to address all of the issues needed to attain a divorce or it can be used to address individual issues that the parties are struggling to reach agreement on.  

  • In a comprehensive divorce mediation, the participants engage the mediator to help them develop a marital settlement agreement (the document needed to attain a divorce in Wisconsin). This document will set forth all of the terms and conditions for property division, child custody and placement (if applicable) and financial disclosures.  This process is directed by the parties, however, as attorney-mediators, we will assist in drafting your agreements (and other required court documents) and electronically filing them with the court.  
  • In a limited scope mediation, participants engage the mediator to resolve specific disputes, such as: who retains the house? Where will the children live? How will retirement plans be divided? Typically, limited scope mediation involves participants who have already achieved some success, whether alone or with the assistance of counsel, in resolving certain areas in dispute and we will help the parties build on this success by exploring options for resolving any outstanding areas of contention by agreement.

Collaborative Divorce

Like divorce mediation, Collaborative Divorce is a recognized alternative to litigation.  In Collaborative Divorce, the parties work with attorneys as a team.  While each party has their own attorney who represents them in the process, the focus is on developing solutions vs. positional strategy.  Like mediation, this process is a forward looking process.  The parties will often employ neutral experts to address the more emotional aspects of the divorce. Typically, these experts are trained mental health professionals who can help the parties address blame and hurt and address those issues without having them motivate the legal position of the party.  A child specialist is a neutral professional that is used to help develop a parenting plan, a document required for divorcing couples to determine issues related to minor children.  A financial neutral is often used to help the parties determine their financial options to meet their post-divorce goals.  This team approach ensures that everyone’s needs are considered.  

In this model, the attorneys are legal guides and work toward a solution rather than being confrontational.  Only attorneys with specific training in Collaborative Divorce should be considered for this process.  Find out more here: https://www.collabdivorce.com/

Guardian ad Litem appointments

Guardian ad Litem (GAL) appointments in divorce matters are made when parents have disputes about child custody, placement or child support. Read more here.

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Schedule your consultation with Stoltz Hendrickson.