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Collaborative Divorce vs Litigated Divorce

Collaborative divorce uses a team approach with both attorneys committed to settlement. Litigated divorce relies on the court to resolve disputes.

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CriteriaCollaborative DivorceLitigated DivorceWinner
Average Cost$5,000-$25,000 per person$15,000-$50,000+ per personCollaborative
Timeline3-9 months9-24+ monthsCollaborative
ControlCouple decides togetherJudge decides if contestedCollaborative
PrivacyConfidential processPublic court recordsCollaborative
High ConflictCollapses if one party withdrawsCourt can compel resolutionLitigated

Our Verdict

Collaborative divorce is ideal when both parties are willing to negotiate in good faith. Litigated divorce is necessary when there is abuse, extreme dishonesty about assets, or unwillingness to cooperate.

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Frequently Asked Questions

What happens if collaborative divorce fails?

Both collaborative attorneys must withdraw and each party hires new litigation attorneys. This restart cost is the biggest risk of collaborative divorce.

Is collaborative divorce faster?

Yes. Most collaborative divorces resolve in 3-9 months versus 1-2+ years for litigated divorce.