If you are contemplating a divorce or separation, most likely you have images in your head of angry spouses battling it out in the courtroom over big money or small children. Certainly that is how traditional divorce has been portrayed in the media, and how it often plays out in reality. Traditional divorce involves two parties, and either their respective attorneys, or one party going unrepresented. Cases can and do settle even in the traditionally litigated model, but the possibility of a court trial remains at all times. Divorces in Wisconsin are tried to a judge, not a jury.
The tools of litigation allow parties to the divorce to be as cooperative or uncooperative as they choose to be. If a husband is unwilling to disclose finances, the wife’s attorney may file contempt motions or discovery requests to get the information. If a wife insists she is the more suitable parent for the children, and refuses to consider shared placement, the husband’s lawyer may request the appointment of a Guardian ad Litem, another lawyer whose job it is to investigate both parties and their parenting skills, and protect the best interests of the children. Those cases can be expensive, and drawn out. They can produce scars, and leave the parties even more of an emotional wreck than they might have been at the time they first sought the divorce.
In other circumstances, the parties may simply wish to “leave their options open” and pursue a traditional divorce, but work toward cordial resolution of their divorce issues. There are stories, however, of the parties getting along better than their attorneys!
A traditional divorce in Wisconsin begins by the filing of the divorce petition and giving notice of the action to the other spouse. There is a 120 day waiting period for the divorce, during which time the parties exchange financial information, calculate budgets, discuss child custody and placement options, and figure out whether they can resolve their issues short of a full blown trial. If there is any fear or distrust between spouses, private investigators may be used to seek information – a necessary evil and not altogether reliable. After the waiting period, the timing of the divorce is generally dictated by how many issues remain in dispute. The more in dispute, the longer it takes to get the divorce, and the more it costs to do so.
The advantage of the traditional model is simply this: the judge is readily available to punish the spouse who engages in dishonesty, delay/vengeance tactics, and overwhelmingly bad parenting. If your marriage involves domestic violence, or you believe your spouse is likely to be dishonest, vengeful, or a terrible parent, then the traditional model of litigation will best serve your needs.
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Karyn Gimbel Youso
Attorney at Law
Jacobson & Ratzel
13255 West Bluemound Road, Suite 203
Brookfield, WI 53005
Phone: (262) 780 – 0460
Fax: (262) 780 – 0468
Jacobson & Ratzel is conveniently located in Brookfield, Wisconsin at the corner of Bluemound and Elm Grove Roads. Attorney Youso regularly serves clients throughout the Milwaukee metropolitan area, including Milwaukee, Waukesha, Washington and Ozaukee counties. Her clients have hailed from the communities of Brookfield, Elm Grove, Waukesha, New Berlin, Mukwonago, Muskego, Oconomowoc, Pewaukee, New Berlin, Milwaukee, Wauwatosa, Bay View, Franklin, Greenfield, Greendale, West Allis, Whitefish Bay, Shorewood, River Hills, Bayside, Mequon, Thiensville, Germantown, and Menomonee Falls.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
Copyright © 2008 by Karyn Gimbel Youso. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.