Volume 25, Issue 1
WisconsinChristianNews.com
Page 43
Attorney Or Not In Family Law?
By Michael Bertling, McLario, Helm, Bertling & Spiegel Law Offices (See display ad on Page 48 of this issue of WCN) April 2024 Attorney When meeting with an in- dividual who is contemplat-
of a divorce. No one wants to get into heated and expensive disputes. So, promises are usu-
“T’s.” However, that rarely is what the parties feel occurred after the divorce is final. It is not
The bottom line is that each party retaining their own attorney is the best, most cost-effec- tive way to conclude a marriage. If each party has an attorney, those attorney’s will be able to communicate as experts in the field, focusing on the real issues rather than other matters which will not affect the outcome either way. I have ex- plained to my clients on numerous occasions that the involvement of an attorney for their spouse is a good development. That attorney will explain to the spouse, if necessary, that many of their wishes will not be met. That attor- ney will be able to reign in the emotional reac- tions to the divorce that a spouse may develop. That only creates more controversy and ex- pense without any real benefit. Also, if both parties have an attorney, there is no delay in communication. When one party has an attorney and the other does not, it is univer- sally difficult to communicate with the other spouse and receive some type of useful re- sponse. This only serves to drag things out and increases the legal expense. Just as no reasonable and intelligent person would attempt to perform surgery on them- selves, no reasonable and intelligent person should take it upon themselves to navigate the complicated area of family law. Relying on one Collaborative Attorney to do what is best for both parties is similarly unwise. While at first, hiring lawyers may seem excessive, the savings and benefits that will result from doing so will make proceeding in other ways unwise as well. Divorce is hard enough, without good repre- sentation of a party’s interests. Forfeiting that benefit for a perceived savings does not make sense. McLario, Helm, Bertling & Spiegel, S.C. N88 W16783 Main St. Menomonee Falls, WI 53051-2890 Tel: (262) 251-4210 McLario.com
ing a divorce, I can always sense that they are wondering if they need an attorney. So, they look at alternatives. I am of the opinion none of these alternatives are advisable. A trend has developed where attorneys will market themselves as Family Law Collabora- tors. They offer a Collaborative Divorce. In other words, they believe that both parties can hire one attorney and that individual will assist them in concluding their divorce. Another alternative is the parties simply go at it alone. I have been retained in numerous cases where the parties attempted to save money by going at it alone. Many times, the pa- perwork they filed to obtain their divorce is faulty. This then causes one or both parties to suffer financially where they otherwise wouldn’t. I’ve been retained on numerous occasions at- tempting to reopen and modify Judgements of Divorce to fix mistakes. While it might not surprise anyone that an at- torney, such as myself, counsels against using one attorney or going it alone, I believe each party should hire their own attorney. I make this recommendation solely upon an interest to see parties treated fairly and not to increase my caseload. Divorce is an extremely stressful, life altering, event. Making a mistake as a result of the par- ties going at it alone, without counsel, can mul- tiply immensely the distress otherwise involved. Most potential clients come into my office in- dicating that they desire an amicable divorce. They indicate that they and their spouse agree to “everything.” They do not want to have dis- putes over anything. I recognize that this is the wish of nearly every couple facing the prospect
ally made early on that this will not occur. While I have seen some divorces proceed in a very cooperative way, issues typically do crop up before it is final. Issues can involve mainte- nance to a spouse, decision making for the chil- dren, placement of the children, division of assets, division of debts, and what to do with the marital residence. Wisconsin law regarding each of these categories can be complicated. If an at- torney is not involved, mistakes can be made. These mistakes can have an incalculable effect on one or both of the parties. If that party is you, I can assure you that you will regret proceeding without counsel. You would much rather have incurred legal fees rather than suffering the sig- nificant financial ramifications of going without that expense. Some couples believe that paying a single at- torney to assist them both is a good way to save money. These are called Collaborative Di- vorces. The name sounds reassuring. It offers the prospect of the parties amicably coming to- gether to work towards a fair conclusion to the marriage. The attorney involved offers their services to simply dot the “I’s” and cross the
unusual for a party in this process to believe they may have been taken advantage of. This can occur for two reasons. First, in that they did not have an attorney rep- resenting solely their interests, numerous op- tions available to them as a party to the divorce are not disclosed. Without intending to, they waive certain benefits that they had no idea ex- isted. The second way involves the attorney assist- ing in the Collaborative Divorce. Despite that at- torney’s assurances that they are neutral, and will not favor either side, they are human. I be- lieve it is nearly impossible for an attorney ex- perienced in family law to, without emotion, advise the parties. I believe the attorney acting as the collaborator either subconsciously, or consciously tries to achieve a result that they believe is “fair.” However, what is “fair” to that attorney may be “unfair” to one or both parties. As a Collaborative Attorney, they are unable to explain to each party this situation. The parties go along and conclude the divorce without being aware that one of them has been provided a benefit at the expense of the other.
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