Milwaukee divorce: Contested vs. Uncontested vs. Collaborative

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If you live in Milwaukee County or anywhere in Wisconsin, you would typically file a no-fault divorce. In Wisconsin, you don’t need your spouse’s consent to get a divorce. You can merely state that the marriage is irretrievably broken, and there is no hope for any reconciliation. You may hear terms like contested divorce, uncontested divorce, and collaborative divorce. What’s the difference? Your best bet is to hire a divorce attorney Milwaukee to understand your legal options better. For your help, we have shared a few key details. 

What is an uncontested divorce?

People often assume that divorce is an ugly legal battle where spouses fight with one another in the open court. However, that’s not how things work in real life. If you believe that your marriage is over and you want a divorce, you can initiate the proceedings. If your spouse is in agreement with you, you can resolve key issues and get an uncontested divorce. Wisconsin has a mandatory waiting window of 120 days, and that’s the least amount of time you need for an uncontested divorce.

What is a contested divorce?

While your spouse cannot stop you from getting a divorce, they can object to certain things. For instance, you and your spouse may not agree on how assets and debts should be distributed or may end up fighting for child custody. In such cases, when two spouses cannot reach an agreement, a contested divorce is the only way out. If mediation doesn’t work, the court will take a call on the withstanding issues. 

What is a collaborative divorce?

If you and your spouse agree to have a non-aggressive stance on the divorce and wish to work together to resolve issues, it would be a collaborative divorce. You must agree to participate in the process, and it is necessary to have an attorney on your side to mediate and negotiate better. You will have to attend many meetings, and the time required depends on how things move between the two parties. The eventual goal is to draft a Marital Settlement Agreement that’s acceptable to both spouses. 

Get a divorce attorney

Just because you are getting divorced, it doesn’t mean you have to endure a long legal battle. Get a divorce attorney on your side so that they can negotiate things better and work to protect your interests. A good attorney can also guide you on how you can minimize friction in the process.