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What Are My Options for Divorce in Wisconsin?

What Are My Options for Divorce in Wisconsin?

 

If you just made the decision to divorce or legally separate, it’s normal to feel a bit lost. Family law is complicated – you could spend hundreds just picking an attorney or learning about their services. You believe should know your options before you start paying anything – with that in mind, here is a quick overview of your options for Divorce in Wisconsin

Option One: The Traditional Litigated Divorce

When most people think of divorce, they immediately think of hiring a divorce attorney. That’s not a bad idea, as attorneys can provide a wealth of knowledge and experience about the process to help you reach a better outcome. However going through a traditional litigated divorce has its downsides. It is by-far the most expensive way to get divorce – in Wisconsin, a litigated divorce costs each party $12,000. If you have kids or property, that number is even higher. Litigated divorces are often high-conflict, which can negatively impact your children and long-term relationship with your ex-spouse. However in complex divorces with numerous inter-woven issues, or when abuse or criminal matters are involved, we recommend looking for an experienced attorney to represent you. You can learn about litigation more here.

Option Two: The New Mediated Divorce

Divorce mediation isn’t actually new – it’s been around for many decades, however it’s becoming more and more popular as an alternative to a litigated divorce. There’s a lot of reasons for all the hype: Mediation costs 50% less than the average litigated divorce, and is done in a far more collaborative, low-conflict process. This makes it far better for families by reducing conflict and improving long term relations. In mediation, a couple works with an experienced, trained mediator who helps facilitate the process.

While the mediator helps share information and potential option with her legal knowledge, the participants themselves come up with the final divorce agreement – both parties must agree to it before anyone signs. The mediator also helps them draft and file all the right paperwork and complete the other details to complete your divorce. For the vast majority of divorces, we recommend trying mediation first. You can learn about mediation more here.

Option Three: The Do-It-Yourself Divorce

A lot of people ask why they can’t just manage their own divorce to save on attorney fees. In fact, some people can and do go through a divorce alone. We only recommend it in a tiny percentage of cases. The divorce process and required documentation and paperwork is extensive, and no one at the Courthouse will sit down to walk you through it. If you miss something required or even submit it late, it could affect your outcome significantly, costing you significantly. If you end up in Court, you put yourself at significant disadvantage trying to present yourself when facing an experience attorney. Unless you have legal experience, or are divorcing after a matter of weeks with no complicating issues, we don’t recommend trying to go it alone.

Now you Know – So What’s Best for You?

There are your three basic options: Litigation, mediation, or trying to handle it yourself. The choice for you depends a lot on your situation. How long have you been married? Is there a history of abuse or other criminal problems? Do you have children? Are you experienced with the law? These kinds of questions should help guide you towards one or more of these options.

If you want to talk over these options with someone, we completely understand! Give us a call at 920-885-5549 or contact us here to request a free phone consultation with one of our Attorney/Mediators. They’ll go through the options in detail and ask a few questions to see what might work best for you situation! Now that you know what you need to, you’re ready to take the next step!

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Lisa Derr is an experienced Divorce and Family Mediator with three offices in east central Wisconsin. She started the family mediation practice in 1995. Lisa earned her BA in psychology from the University of Wisconsin in 1984 in four years despite a serious car accident that involved a 2-month hospital stay. She began practicing law in 1987. For the first 8 years of her career, Lisa litigated personal injury and divorce cases. But she was frustrated with the tremendous financial and emotional cost of divorce trials. Contested hearings inhibited reconciliation and healing for thewhole family. She started the Beaver Dam divorce mediation practice in 1995 and with her partner, Cassel Villarreal, expanded to Oshkosh and West Bend ten years later.