Frequently
Asked Questions

Frequently
Asked Questions

Red dividing lines.

Divorce:

Collaborative vs. Litigation

Red dividing lines.
Collaborative Litigation
Who Controls the Process? You and your spouse control the process and make final decisions. Judge controls the process and makes final decisions.
Degree of Adversity You and your spouse pledge mutual respect and openness. Court process is based on an adversarial system.
Cost Costs are manageable, usually less expensive than litigation; team model is financially efficient in use of experts. Costs are unpredictable and can escalate rapidly including frequency of post-judgment litigation.
Timetable You and your spouse create the timetable. Judge sets the timetable; often delays given crowded court.
Use of Outside Experts Jointly retained specialists provide information and guidance helping you and your spouse develop informed, mutually beneficial solutions. Separate experts are hired to support the litigants’ positions, often at great expense to each.
Involvement of Lawyers Your lawyers work toward a mutually created settlement. Lawyers fight to win, but someone loses.
Privacy The process, discussion and negotiation details are kept private. Dispute becomes a matter of public record and, sometimes, media attention.
Facilitation of Communication Team of Collaborative Practice specialists educate and assist you and your spouse on how to effectively communicate with each other. No process designed to facilitate communication.
Voluntary vs. Mandatory Voluntary Mandatory, if no agreement is made.
Lines of Communication You and your spouse communicate directly with the assistance of members of your team. You and your spouse negotiate through your lawyers.
Court Involvement Outside court. Court-based.

Who Controls the Process?

Collaborative: You and your spouse control the process and make final decisions.
Litigation: Judge controls the process and makes final decisions.

Degree of Adversity

Collaborative: You and your spouse pledge mutual respect and openness.
Litigation: Court process is based on an adversarial system.

Cost

Collaborative: Costs are manageable, usually less expensive than litigation; team model is financially efficient in use of experts.
Litigation: Costs are unpredictable and can escalate rapidly including frequency of post-judgment litigation.

Timetable

Collaborative: You and your spouse create the timetable.
Litigation: Judge sets the timetable; often delays given crowded court.

Use of Outside Experts

Collaborative: Jointly retained specialists provide information and guidance helping you and your spouse develop informed, mutually bLitigationeneficial solutions.
Litigation: Separate experts are hired to support the litigants’ positions, often at great expense to each.

Involvement of Lawyers

Collaborative: Your lawyers work toward a mutually created settlement.
Litigation: Lawyers fight to win, but someone loses.

Privacy

Collaborative: The process, discussion and negotiation details are kept private.
Litigation: Dispute becomes a matter of public record and, sometimes, media attention.

Facilitation of Communication

Collaborative: Team of Collaborative Practice specialists educate and assist you and your spouse on how to effectively communicate with each other.
Litigation: No process designed to facilitate communication.

Voluntary vs. Mandatory

Collaborative: Voluntary
Litigation: Mandatory, if no agreement is made.

Lines of Communication

Collaborative: You and your spouse communicate directly with the assistance of members of your team.
Litigation: You and your spouse negotiate through your lawyers.

Court Involvement

Collaborative: Outside court.
Litigation: Court-based.

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Association of Collaborative Professionals of Utah

Resolving Divorce
with Dignity & Support

Association of Collaborative Professionals of Utah

Resolving Divorce
with Dignity & Support