Traditional Divorce

When people think of divorce, the option that most often comes to mind is the traditional route. It is also the most common.  In the State of Wisconsin, a traditional divorce typically looks like this: One of the parties’ files to initiate the action. A temporary hearing can be requested to resolve temporary and immediate issues regarding matters such as child placement and finances. Often parties work out a stipulation or agreement on temporary issues and a hearing is not required, however it is an option the parties can exercise in the event it is needed.  The parties, through their attorneys, then exchange information. The process of exchanging information can be formal or informal depending on what information needs to be obtained, and the level of cooperation of the parties. The attorneys then engage in negotiation, a process of exchanging settlement proposals. This process may include settlement conferences where the parties and their attorneys meet to discuss and resolve the issues in their case. Sometimes parties will engage in mediation to find common ground. If the parties cannot reach a resolution on all the relevant issues in their case, then it will proceed to trial where a judge will listen to the testimony of the parties and issue final orders.  It is important to note that not all traditional divorces are adversarial in nature. Many begin and end amicably with roughly 98% of these divorces ending in settlement. For many couples, this approach is the most reasonable and appropriate process for their particular situation.