WAUKESHA DIVORCE ATTORNEYS
- What Is a "Traditional Divorce"?
"Traditional divorce" is really not a Court defined term. It's more an expectation of how constrained parties are when it comes to their actions in a divorce proceeding. For example, in a Traditional Divorce, parties may freely exchange information and be candid in their expectations. While this is mandated by the terms and conditions of a Collaborative Divorce, it is not in a traditional divorce.
In a Traditional Divorce, you get what you get. The parties and their counsel bring their respective attitudes and demeanor to the process and are able to conduct themselves in any manner that they're comfortable with. Accordingly if all the parties involved would like to cooperatively work things out, the divorce can go rather smoothly. If one or more of the involved parties wants to be adversarial, the process can become very litigious and proceed at a much slower pace.
- Is Traditional Divorce Bad?
No, or at least not necessarily. There are many good lawyers who would prefer not to complete a divorce in a Cooperative or Collaborative manner. This is not so much a bad thing as it is an indication that they found the process which they're comfortable with and would prefer to continue to complete additional divorces in a similar manner.
- Is It True That There Is an Element of Unpredictability to a Traditional Divorce Which You're Probably Not Necessarily Going to Find in a Cooperative or Collaborative?
Sure, but every divorce is different. Here's what we know, in a Collaborative Divorce you know you're not going to Court until the very end. In a Cooperative Divorce you know that the parties are intending to continue to work together to the best of their ability and not unnecessarily resort to Court intervention. In a Traditional Divorce the party on the other side doesn't necessarily feel obligated to tell you what they're thinking or why they're doing something. It is for this reason the people often feel that the process is unpredictable.
- Why Choose a Traditional Divorce Rather Than a Cooperative Divorce or a Collaborative Divorce?
While there is a myriad of reasons, the two most common are (1) the other party refuses to hire a lawyer, thereby precluding a true Cooperative Divorce or Collaborative Divorce; (2) you found an attorney who you like and have confidence in, however, they are for whatever reason unwilling, unable, or uncomfortable adopting the principles behind Collaborative Divorce or Cooperative Divorce.
- If I Obtain a Traditional Divorce, Does That Mean That My Divorce Will Be Expensive or Culminate in a Divorce Trial?
No. Again, if the parties to the process want to conduct themselves in an honorable manner and are willing to work hard to reach an agreement on all necessary terms and conditions, even under the traditional process they can find that their divorce IS completed quickly, reasonably, and concluded in a manner which does not result in a contested court hearing.
Schmidlkofer, Toth, Loeb & Drosen, LLC
949 Glenview Avenue
Wauwatosa, Wisconsin 53213
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