Key Differences Between Collaborative And Litigated Divorce

Key Differences Between Collaborative And Litigated Divorce

Key Differences Between Collaborative And Litigated Divorce


Divorce can be a challenging and emotional experience, but it can be made less stressful if you understand your options. In Florida, couples have two primary options for divorce: collaborative and litigated divorce. While each approach has its advantages and disadvantages, it's important to understand the key differences between the two. This blog post will provide an in-depth analysis of the differences between collaborative and litigated divorce.


1) Collaborative Divorce 

A collaborative divorce is a process where both spouses work together to reach a mutual agreement. In this approach, both parties will hire their own legal counsel and agree to work together on all matters regarding the divorce. Collaborative divorce is ideal for couples who want to work together to reach a divorce settlement outside of court. Here are some of the advantages of collaborative divorce: 

  • Lower Cost
    Collaborative divorce can be more cost-effective than litigated divorce. 
  • Quicker Divorce
    You can often reach a resolution faster through collaboration than through a contested or litigated divorce.
  • Control
    During collaboration, both spouses have more control over the outcome. 

2) Litigated Divorce 

Litigated divorce is the traditional form of divorce where the disputing parties rely on the court to settle their issues. In this approach, both parties will hire their respective lawyers, and each side's attorney will fight for their client's interests. Litigated divorce is the recommended course of action for families where one or both partners don't agree on key issues and can't come to an agreement on their own. Here are some of the advantages and disadvantages of litigated divorce:

  • Higher Cost
    Litigated divorce is more expensive than collaborative divorce. 
  • Legal Expertise
    When divorce involves complex issues such as property divisions, business holdings and child custody battles, hiring an attorney is highly recommended . 
  • Prolonged divorce
    Because of the nature of litigation, the process can often lead to a more prolonged divorce. 

3) The settlement Agreement 

Another big difference between litigated and collaborative divorce is the settlement agreement. In collaborative divorce, the spouses work together to draft an agreement that works for both parties. In the end, the settlement is solidified with a court of law. In a litigated divorce, attorneys draft the agreement and present it to the judge for approval. 

4) Privacy and confidentiality 

During a litigated divorce, the court proceedings and decisions become public record, open to anyone. However, during a collaborative divorce, the private negotiations and discussions occur behind closed doors, and any agreements made are kept confidential. 


Clearly, each type of divorce has its own unique advantages and disadvantages. If you're looking for a faster, more amicable and cost-effective way to end your marriage, then collaborative divorce may be the ideal choice for you. However, if mediation is impossible due to irreconcilable differences then litigated divorce is the way to go. Ilvento Law offers both options, and our experienced team can assist you in deciding which option would work best for you. Contact us today to learn more about our family law practice in Orlando, FL.

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