The Collaborative Family Law Council of
Wisconsin, Inc. (CFLCW) is an association of
lawyers, mental health professionals and
financial advisors who work together to learn,
practice and promote a
collaborative process to solve problems and
peacefully resolve family law
issues. We formed in 2000 when divorce
professionals recognized that, for most
clients, a contested family law case is an
unnecessarily negative experience -
regardless of the legal outcome.
divorce in wisconsin
CFLCW is a statewide association dedicated to
the Collaborative process and practice. We are organized as a non-profit group focused upon educating the public about the collaborative process.
There are several types of divorce proceedings and you can read about them in detail here.
Comment? You may leave a suggestion or reaction to our website by visiting our Public Comment page.
The Council cannot respond to specific legal situations or questions. Please note our disclaimer here.
what is collaborative law
Collaborative
family law is a unique,
reasonable approach to handling a divorce or other
family law matter and is
founded on three core principles:
a
written pledge not to fight in court and
withdrawal of the hired professionals if either
party ultimately chooses to fight in court
open
communication between the parties with an honest
and good faith exchange of information,
and
negotiations that lead to a mutually acceptable
settlement, taking into account the highest
priorities of all family members.
When you engage in the collaborative process,
you use specially trained lawyers as well as mental
health and financial
specialists to maximize the positive outcomes for
every member of your family.
It's a productive process for divorcing couples and
those wanting legal
separations, annulments, pre- or post-nuptial
agreements, the dissolution of
non-marital and same-sex relationships, and for
paternity cases. The issues
addressed in collaborative cases are the same ones
addressed in traditional litigation cases: child
custody and placement, property
valuation and division, child support, maintenance
(alimony), taxes, and
insurance.
why collaboration makes sense
By their very nature, divorce and other family law
disputes are emotionally
traumatic. Mental health practitioners are all too
familiar with the severe and
long lasting wounds that a high conflict family law
matter can inflict on
parents and their children.
Many competent family law attorneys try to conduct
their practice in a way that
minimizes the harmful effects. However, because
traditional divorce often
involves litigation, attorneys know the case may be
fought
in court. So it's the attorney's job to use the
litigation tools and
negotiation strategies available to him or her to
win the case. Too often these
tools become weapons that inflict wounds.
In addition to emotional and psychological costs,
litigated family law cases
usually are expensive, especially cases that result
in a contested hearing or
trial. Surprisingly, about 98 percent of all
litigated cases settle, which
means the court doesn't have to decide the outcome
because you've reached an
agreement.
But these settlements come only after months of
costly conflict, the hiring of
polarized experts and the expense of preparing for a
trial that is unlikely to
occur. These settlement agreements are often reached
just before the scheduled
trial date and under time constraints - often
literally on the courthouse steps
- and leave clients dissatisfied with the settlement
and prone to go back to
court.
And the cycle continues.
As professionals we are dedicated to changing that
cycle. Our goal is simple:
transform the way legal issues are resolved through
a peaceful and respectful
collaborative process that protects everyone's
interests
We urge you to review this process through the
information presented here,
beginning with How it
Works