| Name | Description | Best Used For | Advantages | Disadvantages |
| Legal Separation | Separated by law, but not yet divorced | - Couple does not want to finalize divorce
- Religious or other reasons
- Can have child support, maintenance, and property settlement
| - Gives children and spouse time to adjust
- Gives couple time to settle property
- May retain health insurance
| - May prolong process
- May be more expensive
- "New life" may not be possible
|
| Pro-Se | Divorces filed without the assistance of an attorney, sometimes by purchase of divorce kits. Spouses can complete them, and pay thefiling fee. | - Couples with few disputes
- Couples with few assets – and those easily divisible
- Childless couples
| | - May make legal mistakes
- May make financial errors calculating maintenance or division of property & debt llocation
- Don’t have anyone on your side, attorney or financial planner.
|
| Mediation | Couple uses a mediator to help voluntarily settle disputes over issues. Mediator may help draw up paperwork Mediator may or may not be an attorney | - Couples who have issues to settle, but nothing that has to go to court
| - Can be less expensive than traditional method
- Neutral third party, experienced in mediation
- Less adversarial
| - No one completely "on your side"
- Not appropriate if spouse becomes difficult
- May need to resort to traditional divorce
- Either party (or both) may decide to retain attorney
- Even if mediator is an attorney, each may need review of paperwork by separate attorney (QDROs, etc.)
|
| Single Attorney for couple | - Couple retains a single attorney to file for divorce for both.
- All paperwork completed and filed by attorney
Note: Ethically, attorney may only represent one party | - Reasonable, amicable divorces
| - Less expensive than 2 attorneys
- Less adversarial
- Can be a fairly quick process
| - One party has attorney, the other does not
- Not appropriate if spouse becomes difficult
|
| Traditional | - Each side has an attorney
- May or may not be adversarial
- Includes Requests for information, required status conferences and negotiating
| - Situations where spouse is difficult, non-cooperative
| - Someone completely on your side
- Expert confidential legal advice
- Most comfortable, and conservative approach
| - Can be adversarial
- Can be expensive
- Is not always a cooperative experience
- May become a longer process
|
| Collaborative | A fairly new approach to divorce.- Each side has attorney
- Each side has access to specialists (therapists, divorce planners, etc.)
- All professionals have been trained in collaborative process
- All agree to collaboration and working together to resolve issues
- If this fails, the attorneys drop out, and the spouses retain other counsel – and may go to the traditional divorce method or other method
| - Couples with significant assets, and disputes, but who are willing to go through mediation-type process divorce
| - Less expensive than a traditional contested
- May be more productive
- Each party has a person looking out for their best interests
| - Can be more costly than some other methods
- Not appropriate if spouse becomes very difficult, intractable
- If process breaks down, spouses may need to get different attorneys
|
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