Litigation / Traditional law
Litigation is the traditional adversarial process. Each spouse hires an attorney, communication runs primarily through counsel, and a judge ultimately resolves any contested issue.
Litigation is expensive, public (court filings are public record), and removes most of the control over the outcome from the parties themselves. It is appropriate in cases of intractable conflict or where one party refuses to participate in good faith.
For most other situations, the alternatives below produce better outcomes at lower cost.
Mediation
Mediation uses a neutral third party to guide the couple through their own settlement. The parties communicate directly, in the presence of the mediator.
Consulting attorneys and financial specialists can and often should participate alongside the mediator to ensure both parties have independent legal advice and a clear understanding of the financial picture.
Mediation is generally less expensive than litigation, private, and flexible. It works best when both parties have a reasonable grasp of the finances and a functional enough relationship to negotiate.
Collaborative Practice - The "No Court" Divorce Option
Collaborative divorce is a structured process built around an interdisciplinary team. Each spouse has their own attorney. Financial specialists and mental health professionals are involved from the start. Both attorneys sign a contractual commitment not to take the case to court.
Collaborative is designed for complexity and designed to function in conflict. It is the best fit for families with children, couples with significant or complicated assets, those who require privacy, and any situation where structure and professional guidance are needed to keep negotiations productive.
Click here for more information on the collaborative law process.