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Collaborative Law
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Litigation
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| Control | ||
| You and your spouse control the process, time, and decisions. | The judge controls the process and is the final decision maker. | |
| Privacy | ||
| You and your spouse pledge civility, respect, and transparency. | The court system pits you as adversaries. | |
| Cost | ||
| Costs are managed by the parties. The process is typically considerably less costly than ligitation. Efficiencies are maximized by the use of neutral experts. | Costs are unpredictable and increase rapidly, mostly outside any control of the parties. Guardian ad Litems and experts hired by both parties can greatly increase the costs. | |
| Timetable | ||
| You and your spouse, with the assistance of the team, create the timetable. | The Court dictates the timetable. If you have complex issues, such as one spouse owns a business, it can take longer. | |
| Outside Experts | ||
| You and your spouse jointly hire neutral experts for financial and child related matters. | Each party hires their own expert, whose job is partly to discredit the other expert. | |
| Privacy | ||
| Team meetings are conducted in the offices of the attorneys or experts. The final hearing is also held in an office with a private judge who is hired for this purpose. | The Court and courtrooms are open to the public. | |
| Volutary vs Mandatory | ||
| Voluntary | Mandatory. Once a party files for divorce, if you fail to engage in the litigation, the divorce will be granted in favor of the other party. | |
| Communication | ||
| You and your spouse will communicate directly, with the assistance of team professionals. | Communication is conducted through attorneys. | |
| Court Involvement | ||
| The collaborative family law process is conducted outside of the court. | Divorce is litigated through the court system. | |