What is Divorce Litigation?

divorce litigation

The divorce process can be a very complicated and emotionally taxing for all parties involved. It also involves issues from child support, spousal support, and complex financial arrangements such as properties, business ownership, and other holdings.

Spouses may take divorce mediation as a less stressful approach to resolve divorce-related issues. Another option for divorcing couples is collaborative divorce when legal counsels of both parties resolve conflicts without having to go through adversarial strategies in a litigation process.

Divorce Mediation vs Litigation

What is a mediator?

A divorce mediator does not need to be a divorce lawyer as long as they communicate directly and properly with the clients. They also have extensive experience and knowledge of family law, divorce law, and child custody rules and has experience in divorce mediation.

What is divorce mediation?

Mediation is an efficient way to resolve divorces, such as property and custody issues. Divorce mediation is voluntary, and neither spouse is compelled to follow mediation proceedings.

However, divorce mediation costs much less than divorce litigation. Moreover, it will only take a few mediation sessions to reach an agreement in more straightforward cases.

If spouses would opt for an uncontested divorce, divorce mediation is the best option for them. Divorce mediators also value the privacy of everything in divorce mediation.

When will divorce mediation not work?

Divorce mediation may not work in some divorce cases. Uncommunicative couples and when domestic violence is alleged will make mediation impossible. If one party conceals or is suspected of hiding assets, litigated, divorce is the only option available to them.

There are cases that either spouse is unfit to be a parent, has a history of violence, and employs unfair tactics to pressure the other party into an unfavorable settlement. In these cases, you have no choice but to seek a lawyer to litigate your divorce.

What is a litigated divorce?

A litigated divorce is likely more adversarial than divorce mediation. Before court proceedings, the two party’s attorneys will put forward a case for their clients.

Though many litigated divorce cases end in a settlement, the judge will make the final ruling regarding child support, child custody, spousal support, division of marital assets, and other issues.

What Are The Most Important Benefits of Divorce Litigation?


One of the most essential benefits of divorce litigation in New York is the ability of a divorce attorney to issue discovery subpoenas. These documents are issued to third parties that are not parties in the divorce proceedings to obtain relevant documents that will establish a spouse’s income, bank statements, other assets, and businesses.

In divorce litigation in a family court, the other party will have to answer to these documents. In divorce mediation or collaborative divorce, parties may not be honest about these details.

Another benefit of divorce litigation is in cases where domestic violence is involved. Presided by a judge, the parties’ divorce lawyers can ensure a fair settlement by presenting each party’s argument in court appearances.

Moreover, if the other party has significant influence or power to force an unfair settlement, only divorce litigation is the only recourse.

What are the Disadvantages of a Litigated Divorce?


A litigated divorce case can be messy, costly, and complicated in some cases. Here are the most profound disadvantages of a litigated divorce:

  1. The average litigation cost could reach up to $75,000 per person. On the other hand, the average divorce mediation cost is much less than that, at around $5,000 to $8,000 for both persons. How much does divorce mediation cost depends on where couples will seek mediation.
  2. Aside from the legal fees, you need to set aside money for other services related to your divorce litigation. You may have to spend on overhead such as private investigators and other fees, which can exceed the attorney’s fees alone.
  3. Divorce litigation is slower. The legal process requires both parties to present their case details in multiple court appearances. Moreover, the court has to schedule these hearings and procedural matters.
  4. Everything in divorce litigation will be on public record. If you value your privacy, you need to consider that information such as the results of invasive psychological evaluations, your gross assets, and family matters will be in the court records.

Takeaways: Talk to Us To Find The Right Approach to Your Divorce

Divorce proceedings vary from couple to couple. Even legal separation can be complicated if it reaches the point of going to court. Though divorce litigation may work in specific cases, considering divorce mediation services will help solve a lot of issues in a friendly, humanistic, healing, and civilized way.

Moreover, divorce mediation is a confidential process that could lead to an amicable relationship between divorced couples who have to share parenting plans post-divorce. To learn more about how we can help with your divorce mediation, or to ask which option is best for your case, call us at (855) 268-4946 (Hauppauge), or (516) 960-7667 (Lake Success) so we can provide advice.

You can fill out the contact form for free sessions on this page: Divorce Mediation vs. Divorce Litigation

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