February

27

How Does A Collaborative Divorce Differ From A Litigated Divorce?

Divorcing couples in Northern Virginia are finding the collaborative process differs from litigation in many ways, including the following:

Control
In collaborative, you and your spouse agree not to go to court. This gives you and your spouse control of the process and outcome versus litigation, where a judge makes the final decision.

Collaboration
Instead of the win-lose court setting, the entire collaborative team ensures that both spouses work with each other, not against each other, towards mutually beneficial solutions for critical issues.

Communication
One barrier in litigation is a lack of effective communication between spouses. In the collaborative process, spouses learn a framework for effectively communicating their concerns and goals.

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2 Comments for How Does A Collaborative Divorce Differ From A Litigated Divorce?

Larry Schwartz, CPA
February 28, 2010

Jonathan it seems to me that using the collaborative process would also tend to minimize costs. Is one of the benefits of collaborative divorce less damage to what I often refer to as the “family pocketbook”? It’s difficult enough for these families already. Can you make a rough-perhaps relative magnitude vs quoting dollars-comparison of the costs of collaboration vs the costs of litigation or mediation?

admin
March 3, 2010

In my experience:

Mediation tends, if it works, to be the cheapest option, and it tends to work well for couples who are relatively low conflict.

Collaboration tends to be higher in cost than mediation, but can handle a far higher level of conflict.

Collaboration, compared to litigation, typically, I believe, is about half to 1/3 less in cost. The savings, I think, are most felt in the roughest cases, those that would have involved multiple hearings and extensive discovery. Litigated cases that settle quickly I don’t expect would differ quite as much in price from collaborative ones (the process, though, would be much more unpleasant).

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