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Litigation. Collaborative Law. Mediation.

Top Five Reasons to Choose Collaborative Divorce over Litigation


Collaborative divorce has become an increasingly popular approach to divorce for various reasons.  If you are considering divorce, it is worth your while to look into collaborative divorce and consult your divorce lawyer about its feasibility in your situation.

Reasons couples choose collaborative divorce over litigation include:

  • Emotional advantages.  Divorce is an intensely emotional endeavor for most people, and the courts do not address or consider what couples are going through on a personal level.  Litigation is an adversarial process where courts render binding decisions, leaving the divorcing couple with little control over the outcome.  By comparison, collaborative divorce is a more compassionate approach that considers your objectives and views, allowing you and your spouse to make your own decisions.
  • Expert advice.  Couples can bring financial experts into the collaborative process to suggest solutions regarding assets valuation, taxation, and approaches to preserve wealth.  You can also benefit from divorce coaches who can help the parties address emotional hurdles that are challenging throughout the process and child specialists who can offer constructive solutions for child issues.
  • Cost-effectiveness.  MSNBC reported statistics from a study comparing costs of collaborative divorce to litigation.  Averages were collaborative divorce ($19,723), negotiated settlements ($26,830), and litigation ($77,746).*  While costs vary from case to case, a successful collaborative case is generally less expensive than a successful litigated case.
  • Problem solving focus. The atmosphere of collaborate divorce is one of cooperation and mutual respect.  Attorneys work with spouses to find answers and positive approaches to resolve issues in conflict.  Couples can maintain their dignity and work creatively toward resolution.
  • Full disclosure done privately.  Both couples agree to full disclosure and not to resort to litigation, keeping matters private through informal sessions.  By comparison, litigation proceedings can become part of public record, which can also be damaging for families, not to mention the stress created for children.

An experienced collaborative law attorney can explain more about collaborative divorce and using its approach for the issues in your divorce.

** Please note that Berkman Bottger Newman & Schein LLP is not representing that your case will be less or more than the costs listed herein.