We asked Margaret Zickuhr – a legal expert, partner at Houseman and Feind and adjunct professor of law at Marquette University – what Wisconsin couples need to know before divorce.
What should divorcing couples consider when deciding between no-representation divorce, litigation or mediation?
Mediation is where I usually tell people to start. You don’t lose anything by trying it. A neutral, third-party attorney will guide you through the process, tell you what needs to be done and how to resolve issues in a manner that the Court will approve.
A lot of clients I work with say, “We’ve already resolved everything.” My job as the mediator is to say, “This is what we still need to think about. You may have figured out a custody schedule, but what about holidays and vacations? What are your plans if one of you remarries?” As a mediator, you make sure all these pieces are resolved. One of the biggest issues I see with pro se, no-representation divorce is that those cases tend to come back to court to deal with issues that could have been taken care of properly the first time if the parties had the guidance of a mediator.
How is AI changing family law?
In law, AI is not as advanced as it is in other areas. Attorneys can never share confidential client information with AI, which makes it difficult to train AI on realistic legal issues. We tested it and found AI is not reliable for family law in Wisconsin. I have had clients bring me documents they’ve created with AI. While it may seem like a cost-cutting option, in the end it does not tend to be cost-effective. The client used their time to create the document, and then they pay me to review it – and the AI generated document ends up not being useful and adds costs.
One way AI can be useful is reviewing correspondence, especially in high-conflict divorces. I advise clients to put messages to their spouse through AI first, to apply the BIFF Method: brief, informative, friendly and firm. AI can really help improve communication, reduce unnecessary escalation, and improve the overall tone between parties.
How does mediation help with custody and child support?
In Wisconsin, couples who can’t decide questions related to their children are required by law to go to a court-ordered mediator. The next step is the appointment of a court-ordered Guardian ad Litem for the child. That increases costs and takes the decision-making out of the parents’ hands and puts it into the Court’s. Trying third-party mediation instead, allows for much more flexibility and control, while preserving the parents role as the decision maker for their children.
What common advice do you give couples getting divorced?
Don’t let your emotions drive decision-making. Ultimately, the more you treat the process as a business determination rather than an emotional one, the better the long-term result.
