Collaborative Divorce Proceedings in Wisconsin

When Wisconsin couples choose “collaborative divorce” proceedings, they have decided to work together amicably to achieve a divorce agreement that benefits all family members.

Collaborative divorce is commonly sought by married couples who have children, particularly minor children. In addition to lawyers representing each spouse, trained professionals such as mental health therapists, financial advisors, and child specialists can assist in problem solving and decision making, as needed.

Input from multiple experts, whose background includes working with families experiencing divorce, can help to properly address the needs of each family member.

Through group meetings with all participants, the final goal of collaborative divorce is to reach a settlement acceptable to both parties in a non-divisive manner, and to help avoid drawn-out court processes and litigation.

What are some benefits of collaborative divorce?

For couples who see the collaborative process through to the end, benefits can be significant. Consider the following in collaborative divorce:

• Both parties must formerly agree to the process, indicating they wish to cooperate in the legal proceedings in the most amicable way, and that they will disclose all relevant information.
• Professional team members weigh in on discussions regarding financial issues, property division, custody, children’s needs, and more. This can result in decisions that both spouses agree on and fully understand.
• Significant regard is given to minors in collaborative divorce proceedings. Feedback from the team helps ensure the best interests of the children are met, while acknowledging emotions of all family members.
• Open communication is ongoing in collaborative divorces. A team approach and regular meetings help to keep the process moving along, while focusing on the specific needs of each family member.
• Outcomes can be more unique to each family compared to results in traditional litigation.
• The collaborative divorce process can be quicker and less costly. In traditional divorces, frequent conflicts and litigation can be time-consuming.  
• The process is done out of court, which helps with privacy and scheduling concerns.  

Are there downfalls to collaborative divorce?

If a collaborative divorce is achieved, there are typically minimal issues. However, things do not always go as planned. Consider:

• If the collaborative process fails, the couple will need to rely on traditional court processes, less privacy, and divorce litigation – meaning, the courts will make final decisions where disagreements remain.
• Each spouse will need to hire new divorce attorneys/firms (or represent themselves in court) if the collaborative process fails. This is likely more expensive and time-consuming.
• Spouses might change their minds following the divorce, leading to possible legal changes affecting the family. However, this happens in traditional divorce proceedings as well.
• If there is undisclosed domestic abuse in the marriage, the abused person might feel more compelled to be agreeable in a team setting to not appear difficult. It’s important that an attorney knows about their client’s fears or any abuse.
• In traditional divorces, most attorneys strive to reach agreements prior to going before a judge, potentially making the collaborative process and its risks unnecessary.

Attorneys assisting in collaborative divorce and other family legal matters

Attorney Sarah DeKraay is a member of the Collaborative Family Law Council of Wisconsin and is trained in the collaborative divorce process. In addition, Murphy Desmond has family law attorneys available to assist clients in divorce, legal separations, post-judgment matters, marital property agreements, and more. We have offices in Madison, Dodgeville, and Janesville, Wisconsin, and can be reached at email@murphydesmond.com or calling us at 608.257.7181.

Published August 6, 2025