Get Legal Help From Wauwatosa Traditional Divorce Lawyers

“Traditional divorce” is not in and of itself a legal term. It’s more of an expectation or understanding of how the overall process is viewed and will be conducted. In a traditional divorce, lawyers can be cooperative or uncooperative. They can freely exchange information, or they can be obtrusive, potentially requiring that they be forced to exchange information utilizing formal legal processes known as “discovery.”

Our experienced lawyers at Schmidlkofer, Toth, Loeb & Drosen, LLC, can protect your rights and guide you through each step of the divorce process with clarity and confidence. We can help you understand the intricacies of divorce law so you can make more informed decisions.

Determining What Is Best For You

Schmidlkofer, Toth, Loeb & Drosen, LLC, has helped clients throughout Wisconsin understand the issues they are facing. The underlying theme in traditional divorce is that there are no rules limiting or regulating either party’s actions. Further, there are no rules limiting or regulating the actions of the respective parties’ counsel either. It is for that reason that traditional divorce is viewed by many lawyers and litigants as unpredictable and potentially expensive.

For some, a traditional divorce is not so much a choice as an obligation because their spouse chooses not to obtain counsel of their own or refuses to opt into either the collaborative or cooperative process. In other instances, it’s because they would prefer not to be restrained by the agreements or stipulations that are associated with either a cooperative divorce or a collaborative divorce.

Overview Of Traditional Divorce Vs. Other Divorce Types

When considering divorce, it’s important to understand the different processes available and how they might suit your situation. Here’s a comparison of traditional, collaborative and cooperative divorce processes, highlighting the pros and cons of each:

• Traditional divorce: This process involves legal representation and court intervention to resolve disputes. It is beneficial in contentious situations where strong advocacy is needed, and a judge makes binding decisions if parties cannot agree. However, it can be costly and time-consuming, with legal fees and court costs adding up.
• Collaborative divorce: In this approach, a team of professionals, including attorneys, financial advisers and therapists, works with both parties to address all aspects of the divorce. It encourages open communication and problem-solving, leading to more satisfactory outcomes. Both parties must commit to resolving issues outside of court, but if the process fails, you may need to hire new lawyers.
• Cooperative divorce: This method emphasizes mutual respect and open dialogue, creating a less adversarial environment and reducing emotional stress. It is generally more cost-effective and faster than traditional divorce, involving fewer legal fees. However, the process relies heavily on the couple’s ability to communicate and agree.

Each type of divorce process has its own strengths and challenges. Traditional divorce may be necessary in high-conflict situations, while collaborative and cooperative divorces offer a more amicable approach for those willing to work together. 

Legal Considerations In A Traditional Divorce In Wisconsin

Property division follows the principle of equitable distribution between both parties. Meanwhile, child custody arrangements focus on the best interests of the child, considering factors such as parental involvement and stability. Alimony, or spousal support, may be awarded based on factors like the length of the marriage and the financial needs of each spouse.

These aspects differ from other divorce processes, such as collaborative or cooperative divorces, where parties work together to reach agreements outside of court. In a traditional divorce, decisions are often made by a judge if parties cannot agree.

Can A Traditional Divorce Culminate In A Trial To The Judge?

Yes. Unlike a collaborative divorce, a trial to the judge is an option in the event of a breakdown in negotiation in a traditional divorce. With that said, the norm even in traditional divorce is for the divorce to conclude with a stipulated divorce hearing.

In a traditional divorce, you need to be vigilant in ensuring that the matter is proceeding in a manner that you deem appropriate at all times. Without the safeguards provided in the other processes, parties and their actions can quickly spiral out of control, and before you know it, your matter may be proceeding to a contested trial in court.

Act Now; Call Today

Talking to a knowledgeable attorney is the best first step. Call our office in the Milwaukee metro area at 414-250-8548 or fill out our contact form online.