Collaborative Divorce vs. Litigation

So what is the difference between collaborative divorce vs. litigation. There are plenty. Collaborative divorce puts the control of the process in your hands. Litigation puts it in the hands of the courts. Each one of the subheadings below identifies a difference between the two ways to go through the process. As you will see, the collaborative option makes for a much better process.

Control

Collaborative Law: You and your spouse control the process and make final decisions

Litigation: Judge controls process and makes final decisions

 

Adversity

Collaborative Law: Both contractually pledge mutual respect and openness

Litigation: Court process is based on an adversarial system

 

Cost

Collaborative Law: Costs are manageable, usually less expensive than litigation; team model is financially efficient in use of the experts.

Litigation: Costs are unpredictable and can escalate rapidly including frequency of post-judgement litigation

 

Timetable

Collaborative Law: Both create the timetable

Litigation: Judge sets the timetable; often delays given crowded court calendars

 

Outside experts

Collaborative Law: Jointly retained specialists provide information and guidance toward mutually beneficial solutions

Litigation: Separate experts are hired to support the litigants positions, often at great expense to each

 

Privacy

Collaborative Law: The process and discussion or negotiation details are kept private.

Litigation: Disputes are a matter of public record and, sometimes, media attention

 

Voluntary vs. Mandatory

Collaborative Law: Voluntary

Litigation: Mandatory if no agreement

 

Communication

Collaborative Law: Both communicate directly with the assistance of members of your team

Litigation: Both negotiate through your lawyers

 

Court Involvement

Collaborative Law: Outside court

Litigation: Court-based

 

If you are believe it is time for a divorce, please call us and schedule a free, no obligation consultation. If you have not heard of the collaborative process, we can assess your situation and see if it is a good choice for you. There is absolutely no risk for you to a least give us a call at 386-271-8044.