If you’re considering a divorce or separation, you may feel overwhelmed and unsure of how to proceed. When considering your divorce options, you might consider self-representation or traditional litigation. However, there is a confidential and effective process available to you known as divorce mediation that might be a better fit for your situation.
Here, we’ll go over what you need to know about divorce mediation in Wisconsin and provide a step-by-step guide on how the mediation process works.
What Is Divorce Mediation?
Divorce mediation is a confidential, problem-solving process in which a neutral lawyer mediator guides you through all necessary decisions and documents needed for a divorce or separation. You and your partner will meet together with the mediator to gather information, discuss options, and create your own agreement. The mediator will also provide education and professional resources so you can identify goals and negotiate effectively to resolve issues.
What Are the Benefits of Mediation?
Mediation with a neutral lawyer-mediator is a low- conflict/ and low- cost way to get legal education, guidance, and drafting assistance. This will help you be certain you both make well-informed decisions and reach agreements that will last and be best for your family.
Some additional benefits of divorce mediation include:
- Greater privacy and confidentiality than other divorce options
- Maintain control over final decisions
- Avoid lengthy and costly court trials
- Protect the needs of your children and promote healthier familial relationships
- Ease of access with online divorce mediation
How Divorce Mediation Works in Wisconsin
Although divorce bears unique considerations for each individual, the divorce mediation process can be broken down into a series of steps you’l follow. Here is a list of divorce mediation steps for Wisconsin:
- An initial call to provide brief intake information followed by a free phone call with a lawyer mediator. You’ll then meet jointly for an initial education meeting about legal steps, issues, and how mediation works to navigate the court process.
- Together, you and your spouse choose to use mediation for your divorce or family case.
- Mediation sessions can begin before, during, or after filing your legal action. For divorce, this means filing a Petition and Confidential Addendum.
- The mediator will draft the required documents for you both to sign and then electronically file them with the court for you.
- There is a 120-day waiting period; you cannot get divorced sooner.
- You will participate in 2-5 mediation sessions to reach agreement on all legal issues. In divorce, the main issues are property division and maintenance (spousal support); if you have children, the additional issues are-legal custody, placement, child support, and expenses.
- Discuss additional input from child/family or financial specialists as needed.
- Before considering agreements, you will work with the mediator to exchange all financial information and prepare a court-required Joint Financial Disclosure Statement listing all income, expenses, assets, and debts.
- With the help of your mediator, you will consider options to reach agreements on all issues.
- The mediator will draft a Marital Settlement Agreement addressing all legal issues for you to discuss, review, and finalize. The mediator will also draft additional documents, including the Judgment, necessary for your final hearing. The mediator will file all documents.
- You both attend the final hearing to obtain court approval of your agreement and receive your judgment of divorce.
- Thereafter, any necessary implementation work occurs, such as changing titles of homes, vehicles, and transferring retirement funds. The mediator can help with this as needed.
Contact an Experienced Divorce Mediator Today
Mediation is a positive way to resolve your divorce or any other family law or post-judgment issue. The two of you can openly share information, obtain education, and discuss issues and options with expert assistance while retaining control of the outcome for your family.