The Pros and Cons of Mediated, Collaborative, and Litigated Divorce Processes

There is no one-size-fits-all divorce process, but rather, choosing amongst the mediated, collaborative, and litigated divorce processes depends on the personal situations of each couple. Continue reading to learn what benefits and drawbacks to look out for when navigating the different processes and how an experienced Tazewell County family law attorney at Butler, Giraudo & Meister, P.C., can guide you every step of the way.

What are the benefits and drawbacks of a mediated divorce process?

The mediation divorce process involves a neutral third party who will assist the spouses in finding a solution that works for both of their best interests. Notably, this mediator does not necessarily have to be an attorney. The following are some benefits of the mediation route:

  • It is shorter than a collaborative or litigated divorce as they are not at the mercy of the court.
  • It is less expensive than a collaborative or litigated divorce as they are not at the mercy of attorneys.
  • Spouses have control over making their own decisions rather than the court.
  • The information discussed during the process is kept confidential, which leads to an environment of encouraging open and honest conversations.
  • It is voluntary and can stop at any time.

And, the below are some disadvantages of this option:

  • There are no formal rules.
  • It may be unproductive for spouses who disagree on significant issues, such as property division and child custody.
  • It may be considered an inappropriate process if there is a history of domestic violence.

What is the difference between a collaborative and a litigated divorce process?

Unlike mediation, the collaborative divorce process requires the presence of an attorney for each spouse. This negotiation-style process is best for spouses who agree on most issues and who want to get through the divorce process as amicably as possible.

Litigated divorce, on the other hand, is the most common process, and occurs when the spouses cannot agree on how to resolve particular issues so a judge decides on every condition of the settlement. This process begins when one party files a complaint with the court, after which the court system sets a schedule for proceedings.

It is important to note that with collaborative divorce, the spouses and their respective attorneys will sign an agreement at the beginning which keeps the proceedings confidential and bars litigation. So, if the spouses are ultimately unable to reach a settlement and want to take the litigation route, they will have to start the process all over again and also find new attorneys to represent them.

If you need further assistance with deciding on which divorce process to take, do not hesitate to reach out to a skilled Tazewell County family law attorney today.

Contact Our Experienced Illinois Firm

At Butler, Giraudo & Meister, P.C., our divorce lawyer will help you navigate the divorce or family law matter you are facing. We provide effective and compassionate legal counsel for the following legal matters: divorce, alimony, division of marital assets, child custody, and child support. Contact us today.

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