Pros and Cons of Divorce Processes

I’m getting a Divorce, Now What?!

Three Primary Processes Used to Get a Divorce

  1. Mediation
  2. Collaborative Divorce
  3. Litigation

 

1. Mediation – a cooperative process that involves both spouses and a neutral facilitator

✓ Pros:

  • Less costly then litigation
  • Spouses work together to reach their own resolutions rather than having a court decide

✓ Cons:

  • One spouse may try to dominate the other
  • There is no compelling of financial disclosure
  • Many times, there are no lawyers to advise spouses on the law during process.

 

2. Collaborative Divorce – enhanced mediation, similar to mediation but where each spouse has their own attorney and a team approach is used.

✓ Pros:

  • The parties control the outcome
  • A divorce coach can guide them to manage emotions and communicate effectively.

 

✓ Cons:

  • If process fails, attorneys must withdraw

 

3. Litigation – the process where an action is brought to court by filing a Complaint and Answer (Pleadings)

✓ Pros:

  • Where one party is concerned the other is creating marital debt, the Divorce Complaint ends the marriage for setting and valuing assets and debts.
  • Parties can file motions for temporary financial support or custody arrangements and get a binding order from the court.

✓ Cons:

  • Parties are on the court’s time schedule, not their own.
  • Generally more costly and longer lasting then previous two processes.