Collaborative Divorce:
Time: You determine the time-table and control the pace of the process. The parties and their counsel and neutral experts (who are the professional team) usually meet every two or three weeks, and in many cases, after three to five joint meetings (and with work done in this same time frame outside of the joint meetings,) have resolved the issues.
Control: You control the outcome.
The final decisions are your decisions, guided by your team of collaborative professionals, and with your goals and interests most often achieved.
Cost: You can manage the costs. There is total transparency of all finances (income, assets, debts) which eliminates the cost of formal and often contentious discovery.
The efficient use of jointly retained neutrals (especially for the financial issues and for child related issues) also reduces the overall costs. The focus on what is needed for present resolution also reduces the overall costs.
Damaged Relationship: This process is the least likely to damage relationships.
Parties often commence the process because they have a goal to be cordial and cooperative in the future, in shared parenting and at family events (e.g., baptisms, graduations, weddings, funerals, etc.). Children are protected from emotional damage of their parents’ contested divorce.
Unpredictability: Fear and uncertainty are removed.
You and your spouse, guided by the assistance of your collaborative professionals who are trained to resolve conflict, determine the outcome, an outcome that is fair to both parties and takes into consideration the goals and interests of each party, so there is a future for all.
Emotional Stress: The process removes fear and uncertainty and provides a safe place to resolve conflict.
Because the parties are working together with their attorneys and the neutral experts as a “team” and the time to achieve a settlement is significantly short, there is much less stress.
Public Exposure/Privacy: The proceedings are entirely private.
Potential for Appeal: The agreed settlement is final; there is no appeal. There is closure so you can move on with your life.
Contested Divorce:
Time: Court cases can take a year or even several years.
Control: The outcome is in the hands of a judge or magistrate.
Cost: This often is extremely expensive. It is not uncommon for the attorney fees, expert fees and other costs for each party to be in the six figures or approaching six figures.
Damaged Relationship: This is highly adversarial and can permanently damage relationships, especially in cases involving children, whether minor or adult children.
This may be the most significant “cost” of divorce litigation.
Unpredictability: The outcome is unpredictable. Even if you believe you have the strongest case and the best attorney, never assume you will “win.”
Emotional Stress: Litigation puts a strain on your mental and physical health.
The financial cost also adds to the strain.
Public Exposure/Privacy: Court cases are public; personal or sensitive details of your case are a part of the public record and also can be presented in a court open to the public.
Potential for Appeal: Even if you “win,” the other side can appeal.
