Divorce Comparison Chart
There are several paths you can take to divorce. It is good to know your options. Not every option may be available to you. For example, if your spouse wants to litigate and you want to mediate, you will have to litigate, since mediation is voluntary and requires active and willing participation by both parties.
Some cases necessitate litigation, because the parties simply cannot agree on their own and need mandated binding orders from a judge.
The general consensus is that it is better to avoid or contain litigation, whenever possible. There are several amicable, settlement-oriented models that can be employed including: uncontested, mediation, and collaborative divorce.
The following information summarizes aspects of litigation and some of these alternative methods:
Please contact us to learn more and determine which process is right for you.
| Feature | Litigation | Mediation | Collaborative Law |
|---|---|---|---|
| Process | Adversarial | Generally, Non-Adversarial, but Mediation can occur during Litigation | Non-Adversarial |
| Which process is right for you? | One side refuses to cooperate and participate. One side believes that the other will be dishonest in mediation or a collaborative process. You feel having a judge decide what to do with your children and property is the only viable option. | Both parties must agree to participate. You can speak for yourself and listen to the views of your spouse. You don’t want to entrust decisions regarding your children or property to a judge. | Both parties must agree to participate. You can speak for yourself but also prefer to have an attorney with you. You don’t wish to incur the emotional and financial costs of court. You don’t want to entrust decisions regarding your children or property to a judge. |
| Mediator | It is possible to mediate within the litigation framework and many choose to do so. | Neutral. Gives information but not advice. Helps spouses address contentious issues. Allows each spouse to “be heard” in a safe setting. Represents neither side while simultaneously defending both sides. | Typically absent, although it is possible to have a blended mediation-collaborative process. |
| Attorney | Advises client. Advocates for client. Fierce and highly strategic in dealing with the adversary. Does not communicate directly with your spouse. | Not required but may be consulted or present to review the final agreement. | Advises client. Advocates for client. Acts as a “team” with the other lawyer to resolve contentious issues and to reach agreement. Is non-adversarial you’re your spouse. Communicates directly with other spouse during 4-way meetings. |
| Financial Information | Parties are mandated by court order to exchange financial information. | All financial information is voluntarily disclosed. | All financial information is voluntarily disclosed. |
| The Process | Meetings between attorney and client. Court appearances, including (if needed) motions, depositions, and trial. | Series of 3-way sessions between the mediator and the two parties. Attorneys may be present. | Meetings between attorney and client. Four-way meetings among parties and their attorneys. |
| Costs | Hourly fees with initial retainer. Court filing fees. Each party often uses and pays for their own expert. Fees include meeting, correspondence, drafting of documents, motions, and court appearances. An additional retainer is often needed if a trial is necessary. | Generally, the least expensive process. Hourly fees. Pay as you go. Typically, a flat fee for drafting the agreement and uncontested divorce filing. If expert fees apply, parties often agree to use neutral experts. | Less expensive than litigation. Hourly fees with initial retainer. If experts are required, parties often agree to use neutral experts. Fees include meetings, correspondence, and drafting the agreement. |
Cheryl Stein, Esq. is a highly experienced matrimonial litigator, mediator, and collaborative attorney. She will advise you on the optimal approach and strategy for your case.
