What is the difference between a collaborative divorce and a litigation divorce?

A collaborative divorce and a litigation divorce are both legal methods used to end a marriage and are available in New York. The primary difference between these two processes is how the divorce is finalized. In a litigation divorce, a judge will make all of the decisions related to the divorce. This includes decisions about child custody, asset division, debts, spousal support, and more. One or both spouses may hire an attorney to represent them in court. This is the most adversarial process and can be the most expensive option as well. In contrast, a collaborative divorce is a process focused on mutual agreement. The couple works together in order to come to a solution on all of the matters of the divorce without involving a judge. They each hire a legal team to help them reach a settlement. This is a more peaceful and private way to end a marriage, and typically less expensive than a litigation divorce, since there are fewer court and attorney fees. It is important to consult with an attorney or legal professional to understand both processes and determine which is best for your individual situation.

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