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Collaborative Divorce vs Litigated Divorce

Collaborative Divorce vs Litigated Divorce

Collaborative Divorce vs Litigated Divorce


Divorce is a difficult and emotional process for everyone involved. Whether you are the one seeking the divorce or not, it is never a simple or easy process. It can be overwhelming and stressful, which is why it is essential to have a skilled and experienced family law attorney to help guide you through the process. There are different types of divorces, but the two most common are collaborative and litigated divorce. In this blog post, we’ll discuss the differences between the two and what you need to know to make an informed decision. 


Collaborative Divorce

Collaborative divorce is a less adversarial approach to ending a marriage. This method encourages open communication and compromise between both parties. Collaborative divorce involves hiring a team of professionals who work together to help the couple reach an agreement that is fair and equitable for both parties. The team typically includes lawyers, financial experts, and mental health professionals. Collaborative divorce typically takes less time and is less expensive than a traditional litigated divorce. Additionally, it can be less stressful and emotionally draining. 

Litigated Divorce

Litigated divorce is the more traditional method of divorce. It often involves going to court to resolve issues like child custody, child support, spousal support, and the division of property and debts. Litigated divorce can be more adversarial, as each party is fighting for what they believe is best for them. This process can be prolonged and expensive, as each court appearance and hearing requires time and money. The result of a litigated divorce is usually decided by a judge, who makes a ruling based on the laws of the state.

Hybrid Divorce

Hybrid divorce is a combination of the two preceding divorce methods. Both parties come together to collaborate and negotiate on their own and avoid court intervention. They work together to reach an agreement on specific issues but are not restricted to this approach, for certain aspects that won't compromise their settlement. If an agreement is not reached outside the court, you may go to trial and let the judge rule on the issue. One of the most significant factors that distinguish a hybrid divorce is its flexibility.

Which Divorce is Best for You?

There is no one-size-fits-all answer to which divorce method is best for you. Each divorce case is unique and requires individual attention. Discuss your case with a family law attorney who has experience handling both types of divorces to determine the most effective and efficient approach. During your consultation, your attorney will ask you questions to determine whether you are a good candidate for collaborative divorce or if a litigated divorce would be a better option.



Divorce can be a devastating and emotional process for everyone involved. However, choosing the right approach can make all the difference. Collaborative divorce is less adversarial, less stressful, and less expensive. Litigated divorce, on the other hand, may be necessary if you cannot reach an agreement through negotiation or have complex legal issues that require court involvement. Hybrid divorce provides both parties flexibility and compromise if certain issues require court intervention. If you are considering divorce, make sure you hire an experienced family law attorney to help guide you through the process and determine the best course of action for you. At Frank Family Law, we are here to provide the legal support you need during this challenging time. If you're looking for a family law practice in Winter Park, FL, contact us today for a consultation.