Wisconsin State Law: Mediated Divorce
Spouses may consider mediated divorce if they wish to avoid contentious or lengthy divorce-court proceedings. A Wisconsin couple can choose to proceed solely with a neutral mediator or attend mediation in addition to hiring attorneys.
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Function
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In a mediated divorce, the couple voluntarily hires one trained mediator to oversee their negotiations. The mediator provides information about Wisconsin divorce laws and procedures. If the couple agrees on the terms of their divorce during mediation, they can submit their agreement to the Wisconsin family law court. The State Bar of Wisconsin warns that a mediator cannot provide legal advice to either spouse, even if the mediator qualifies to practice law as an attorney, because the mediator must offer neutral guidance to both parties. Each spouse can consult with or hire an attorney in addition to attending mediation.
Considerations
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If a divorcing couple has children together, the Wisconsin courts can require both parents to attend mediation pursuant to state law if they fail to negotiate child-related decisions on their own. Court-referred mediators often assist parents with contentious child-custody issues.
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Alternatives
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Spouses who would like to avoid litigation may consider collaborative divorce in addition to mediated divorce. According to the Collaborative Family Law Council of Wisconsin, both spouses retain their own attorneys during a collaborative divorce, but the parties try to cooperatively reach an agreement on financial and legal issues.
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References
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- Photo Credit couple arguing image by Luisafer from Fotolia.com
