to doing the best for my clients that I can and caring about their problems and their needs, in a relaxed, comfortable setting
-Bob Ramsdell
Divorce Mediation/Use of One Attorney
There are a couple of approaches to the use of only one professional for the processing a divorce.
Mediation: In the mediation model, the parties (husband and wife) engage a trained mediator to help them resolve their issues in a divorce. The mediator's job is to facilitate an agreement. The mediator isn't supposed to give "legal advice" and therefore, avoids the "evaluative" approach to mediation (evaluating the facts and law and opining about what a court is likely to do with the facts as presented). For many reasons, that's very tricky business, primarily because the judges have such wide-ranging discretion in how to decide cases.
The mediator is not supposed to be drafting any legal documents. The most one should expect is a memorandum of understanding to guide the parties in preparation of their "Marital Settlement Agreement" (MSA).
Use of One Attorney: If the most important service the parties seek is the drafting of the legal documents to process the divorce, then the best way to proceed is that one party is represented by an attorney and the other party elects to proceed "pro se" which means without representation. The "pro se" party must understand he or she is free to consult with an attorney of that parties' choosing at any time and may engage an attorney to represent them at any time during the proceedings.
It is my personal view that these methods for terminating a marriage should be limited to fairly short marriages (say 5 years or so), no children of the marriage (whether born to the marriage or adopted), and both parties are essentially self-supporting and the focus on property division is to put each party back in the position they were right before the marriage.
If the marriage could be determined as "longer" and the parties have disparage incomes or there are children involved, I personally think the parties are best served when they each have their own competent attorney upon whose advice the can rely. As you can see, my bias is to use of the collaborative model in all appropriate cases.
A marriage such as the one described typically means maintenance (aka alimony) is not an issue in that it most likely wouldn't be ordered by a court after a contested trial, there are no "innocent parties" (children) to this divorce who could be seriously impacted (understanding that often children come with the parent into the present marriage but there have been no step-parent adoptions to alter the legal bonds between the children and their other parent) and that neither party will be utterly impoverished by the result the parties seek.
Because every marriage and every divorce is like a snow-flake (no two are the same), you can contact me to discuss your situation and I'll assist you in any way I can.
WHAT DOES RAMSDELL LAW OFFICE DO?
Divorce Over the years, the law has become more and more complex. I have often been distressed at the cost to the client, both in terms of finances and the tremendous emotional havoc the process can cause, when going through divorce. That's why I offer Collaborative Family Law and "Divorce Mediation" services. ..... more here
Mediation I have received training sponsored by Dane County Bar Association in the special skills required to mediate disputes. This section of the website is designed to better educate clients regarding legal mediation. For your convenience, I have arranged it in a Question & Answer format. Just click on the question, and you will be be taken directly to the appropriate information. ..... more here
Adoptions I have done adoptions since graduating from Law School in 1974. I was fortunate to do what might have been the first totally confidential private adoption proceeding in the state of Wisconsin. I am one of about three attorneys throughout the state that developed the procedures now used for 20 years to assist people in adopting children. ..... more here
Criminal and Traffic Law As part of my law practice since 1974, I have assisted people who get themselves into problems with the police. This legal assistance is, to me, an extension of assisting people and their families. ..... more here
