collaborative Divorce

Collaborative Divorce

Our Practice Areas

Is Collaborative Law right for you?

Collaborative law empowers spouses to dissolve their marriage with dignity.

Consider Collaborative law if you and your spouse:

* believe it is important to protect your children from the harm litigation can inflict

* place a high value on personal responsibility in resolving conflict

* are able to focus on a positive solution for the entire family

* want to preserve a respectful working relationship during and after the process is over

* see the need to disclose full and accurate information about financial issues

How it works

First, both spouses meet with their respective Collaborative attorneys to discuss individual needs and concerns. Then, the couple and their attorneys meet in four-way sessions to reach a settlement without involving the court.

Every issue – including property division, parenting allocation, and support – is put “on the table” in these sessions. At times other professionals including Mental Health Professionals and Financial Experts may become part of the “team” to assist couples in reaching resolutions.

Divorcing parties benefit from the skills, advice, and support of attorneys and other professionals while striving to work things out in a positive, future-focused manner.

When a settlement is reached, attorneys file the appropriate paperwork required by the court.

Benefits of Collaborative Divorce

* Encourages mutual respect

* Identifies and addresses interests and concerns of all

* Utilizes a problem-solving approach

* Emphasizes the needs of children

* Avoids going to court

* Keeps control of the process with the individuals

* Provides for open communication

* Prepares individuals for new lives

Collaborative Law Offers a No-Court Alternative

What is Collaborative law?

When they separate or divorce, couples must find a way to resolve their differences on all relevant issues. Collaborative practice is designed to minimize conflict while working toward that resolution. Parties to divorce, their attorneys and any other professional involved, agree to make a good faith attempt to reach a mutually acceptable settlement without going to court. Working together, they strive to dissolve the marriage in a way that addresses everyone’s legal, financial, and emotional needs.

Tell me more about this agreement.

At the beginning of the process husband, wife, and both attorneys sign a Participation Agreement. The agreement requires both parties to:

1. exchange complete financial information so that each spouse can make well-informed decisions

2. maintain absolute confidentiality during the process, so that each spouse can feel free to express his or her needs and concerns,

3. reach written agreement on all issues and concerns outside of contested court proceedings

4. authorize the attorneys to use the written agreement to obtain a final court decree.

The parties may also agree to involve other professionals to assist in the process. These professionals are also bound by the terms of the Collaborative Agreement.

Loeb & Herman, S.C. 111 East Wisconsin Avenue Suite 1725 - Milwaukee, WI 53202 (414) 272-5632 Phone (414) 272-2918 Fax

Quality, Respect, Sensitivity

(414) 272-5632