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What is Cooperative Divorce?

Cooperative Divorce is a principle based process of handling a divorce which is settlement-based, but leaves open the possibility of litigation if - and only if - absolutely necessary.

Advantages of Cooperative Divorce:

-Sets a framework for settlement.

-Reassures clients that attorneys will try to settle the case.

-Minimizes inefficiency and unnecessary costs.

-Promotes Cooperative Coparenting.

-Fosters Civility and Respect.

Both parties and attorneys commit in good faith to do the following:

Cooperate by acting civilly at all times and by responding promptly to all reasonable requests for information from the other party.

Cooperate by fully disclosing all relevant financial information.

Cooperate by obtaining joint appraisals and/or other expert opinions before obtaining individual appraisals or expert opinions.

Cooperate by obtaining meaningful expert input (e.g., a child specialist) before requesting a custody study or the appointment of a guardian ad litem

Cooperate in good faith negotiation sessions, including 4-way sessions where appropriate, to reach fair compromises based on valid information.

Cooperate by conducting themselves at all times in a respectful, civil and professional manner.

Cooperative divorce is very different from another alternative to divorce litigation called collaborative divorce.

In collaborative divorce, parties who are unable to reach agreement despite their best efforts must terminate the proceeding and find new counsel, in essence starting over from scratch at great expense and loss of energy and time.

In cooperative divorce – if the cooperative attempt fails, both parties may retain their original attorneys and proceed to litigation.

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

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