Suite 1900 • Milwaukee, Wisconsin 53202
(414) 272-5632 | (414.)272-7918 (fax)
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.
As its name suggests, cooperation is at the heart of the process. Both spouses and their attorneys commit in good faith to:
- Conduct themselves at all times in a respectful, civil and professional manner.
- Respond promptly to all reasonable requests for information from the other party.
- Fully disclose all relevant financial information.
- Obtain joint appraisals and/or other expert opinions before obtaining individual appraisals or expert opinions.
- Secure meaningful expert input (e.g., a child specialist) before requesting a custody study or the appointment of a guardian ad litem.
- Participate meaningful in negotiation sessions, including 4-way sessions where appropriate, to reach fair compromises based on valid information.
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 co-parenting.
- Fosters civility and respect.
What’s The Difference Between Cooperative and Collaborative Divorce?
Cooperative divorce is very different from 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.
If you have any questions about the cooperative divorce process, please feel free to contact Loeb & Herman at (414) 272-5632 or via e-mail.