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Collaborative Process |
Traditional Litigation-Based Divorce |
| Who Controls the Process |
You and your spouse do. |
The court and court staff do. |
| Length of Process |
You and your spouse control the length of time it takes to negotiate, agree on and finalize your divorce. |
At least 6 months, but since the courts are so crowded, it usually takes 1-2 years and can require a number of court appearances. |
| Cost |
Collaborative practice is usually a fraction of what litigation-based divorce is. We have reduced our hourly rates as well for collaborative practice clients. |
Usually about $7,500.00 and up from start to finish. Some divorces can skyrocket into tens of thousands of dollars easily. Our hourly rates are higher in traditional litigation-based divorce than in collaborative law. |
| Involvement of Lawyers |
The Attorneys are trained in collaborative law and share the goal of helping you both reach a mutually-acceptable out of court agreement with your children’s best interests in mind. |
The Attorneys are trained for battle and have the primary goal of winning even if it means someone is the loser. |
| Involvement of the Court |
The Court is not involved in making any decisions. If you decide to go to court, each party must retain a new attorney because the collaborative attorneys are immediately disqualified. |
The Court and the court staff make most if not all major decisions regarding you, your children, finances, and future. |
| Privacy |
The process and negotiations are kept private. |
Many and possibly all of your private details become public record. The public has a right to be present in court during court appearances and access your divorce documents for review. |
| Facilitation of Communication |
A series of meetings between you and your spouse with your respective attorneys. All parties share equal power in negotiations. |
There is no process to facilitate communication. |
| Voluntary vs. Mandatory |
Voluntary – You and your spouse have control of the process. |
Mandatory – The court controls you and the process. |
| Long-term Goal |
To preserve your dignity and maintain a civil relationship for after the divorce is over. |
Very little consideration for long-term goals with a series of battles to be won without concern for relationships after the divorce is over. |
