In the state of Wisconsin, divorce parties are able to represent themselves in court. Many litigants elect to proceed pro se, or without counsel, as representation may be cost prohibitive, or it may be an unusually amicable proceeding. However, obtaining an attorney to represent you comes with many benefits, as outlined below.
Knowing What to Expect in The Process
According to the Holmes and Rahe stress scale, divorce is the second most stressful life event after the death of a spouse, with marital separation coming in third. Knowing what to expect throughout the divorce process can help minimize that stress.
An attorney can help you navigate what to expect throughout the divorce process. They will explain everything that needs to be done before the divorce can be finalized, and make sure that you are submitting all necessary paperwork on a timely basis to avoid any adverse results. They will also inform you of options along the way, such as whether to utilize a temporary order hearing, the mediation process, and so on.
Follow Required Court Procedures and Filing Deadlines
Divorce proceedings affect litigants’ time with and custody of their children and their entire financial wellbeing. As such, it is important to follow court procedures and deadlines to avoid any unnecessary negative impact on such important areas of life. An attorney will also help you follow all required court procedures and filing deadlines, such as how far in advance to file exhibits, what kind of exhibits to file, and what to refrain from filing. They can also know what evidence cannot be brought in due to evidentiary prohibitions such as hearsay, and what to object to in court, and how to do so. Similarly, they will have knowledge in bringing witnesses to hearings, and preparing for contested trials.
Statutory Presumptions and Exceptions
While it is well known that Wisconsin is a marital property state, an attorney will be well-versed in the exceptions to this presumption under statutes and case law. A litigant with counsel can access the wealth of knowledge an attorney acquires through school and active practice. Not only does an attorney have an advantage through such knowledge, but they should also be experienced in crafting arguments for novel issues based on legal parallels to existing law.
Knowing What to File When Something Goes Wrong
Divorce filings can cause many emotions to arise, and litigants may act unpredictably due to the stress. An attorney will know what to file if the opposing party threatens financial harm, such as purchasing a house while the divorce is pending, or withholds placement of a minor child. Depending on the issue at hand, the appropriate motion to file will change. Further, an attorney will know what facts to outline in such motions to ensure that a hearing will be held.
Avoid Unintentionally Harming Your Case
There are ways in which a litigant may unintentionally harm their case by inadvertently disclosing or misstating information. Given the multitude of arguments that can be made based on statutory exceptions and case law, a litigant may easily disclose facts unfavorable for their case, whereas an attorney discussing the same facts would mentally navigate the conversation with such knowledge in mind. While litigants have a duty to disclose information requested of them, an attorney can help navigate to what extent information must be disclosed, and the best way to do so.
The Discovery Process
Wisconsin family law procedures provide a way for parties to formally request information from each other, and to hold each other accountable for failing to do so. An attorney will know what information to request, from documentation, to requests for admission, to interrogatories. They will also know how many of each request you can send, how to best utilize such requests, and how to compel a response when known is provided. They will also help you navigate the information received and how to utilize it to obtain the best result for the case.
Negotiating the Best Possible Settlement Outcome
When enough information has been obtained to finalize a case, an attorney will work with you to send a settlement demand to the opposing party. This demand may highlight essential legal arguments as to why such a settlement should be reached, especially if the proposal differs from marital property presumptions. While an attorney cannot force a certain outcome, they can advocate for your position and negotiate back and forth to obtain the best possible settlement result for you. Should the opposing party be unwilling to agree to a reasonable settlement, the attorney will go over the pros and cons of proceeding with a contested trial, and help you prepare.
Utilizing Resources
An attorney will also have access to local resources, such as appraisers to use for the marital home, and facilities to utilize for supervised placement. They may recommend certain resources over others, based on the circumstances of your individual situation. And if they do not have an appropriate resource for your specific issue, they will often have a network of local attorneys to quickly obtain further information.
Emotional Barrier
When you have an attorney, the opposing party’s attorney must communicate only with your attorney. You can also advise an unrepresented spouse to contact your attorney only for issues related to the divorce. Similarly, you and your attorney can establish to what extent you want to be in the loop on communications with the opposing party or opposing counsel. You may prefer to be completely in the know, or you may wish not to be bothered with such correspondence until your substantive input is needed. An attorney can help shield you from the emotional stress of the constant communication a divorce requires.
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As outlined, there are many positives to hiring an attorney to help you navigate the divorce process. It is important to keep in mind, however, that an attorney cannot help you change preexisting facts in your case, nor can they promise a specific outcome. If you’re unsure of whether you need representation in your case, our family law attorneys are experienced, ready, and willing to assist.