COOPERATIVE DIVORCE IN WISCONSIN
- What Is Cooperative Divorce?
"Cooperative divorce" is an adopted divorce process under which the parties agree to work toward a common goal in a manner which is as open and non-adversarial as the two parties will allow.
- Is Cooperative Divorce and Collaborative the same thing?
No. Whereas both Collaborative and Cooperative start with the same general premise that this matter should be kept out of Court, Collaborative goes a step further and actually requires a Stipulation and Order which states that the only time that this matter will go to Court with these two lawyers is for a non-adversarial Stipulated Divorce Hearing. For Cooperative, the parties make a good faith effort to avoid using the Court unless necessary- but have free and unabated access to judicial intervention at any time.
- Does a Cooperative Divorce Cost Less Than a Traditional Divorce?
I am unfamiliar with any study which would quantitatively compare the costs of the two. My experience leads me to assume that Cooperative Divorce does on average cost less than Traditional Divorce for the following reasons:
(1) Free flowing information and communication decreases necessity for formal discovery;
(2) Parties expectations relative reduced Court interaction increases the overall expectation that agreements will be reached prior to obtain assistance from the Court;
(3) The realization that one party does not have to lose something for the other party to gain something that they may want;
(4) That there is more success in being open-minded and creative than being close minded and adversarial.
Schmidlkofer, Toth, Loeb & Drosen,LLC
949 Glenview Avenue
Wauwatosa, Wisconsin 53213
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