The Pros and Cons of a New York Litigated Divorce

pros consWhen contemplating divorce, you will often be deluged by advice that pushes you to consider a mediated or collaborative divorce.  These options do have certain advantages that might be attractive to you in your specific situation, but it is a mistake to assume that a litigated divorce (in a court room setting) is always a mistake or last resort.  Like any other strategy, there are distinct pros and cons to a New York litigated divorce.


Some of the potential advantages of a litigated divorce include:

  • An equal playing field.  If you do not feel capable of negotiating with your spouse due to a power imbalance, mediation often becomes very one-sided, whereas a litigated divorce puts everyone on the same level.
  • Separation.  If you are uncomfortable or afraid of your spouse for any reason, litigation provides for a distinct buffer between you, whereas mediation brings you in close proximity for negotiations.
  • It is definitive.  You can pursue mediation or collaboration – but if it does not work, you have invested time and money and must still pursue litigation to ultimately make the divorce final.


There are also disadvantages to a litigated divorce in New York:

  • Public.  Everything that is entered into the court record is part of the public record, so your privacy is often a concern.
  • Expensive.  A litigated divorce can become very expensive very quickly, as lawyers’ fees and other costs mount up.
  • Slow.  Litigation can often take a long time, as the court must schedule all hearings and procedural matters on a crowded calendar.

The right approach to divorce varies greatly from couple to couple.  Never assume you have only one possible route to a divorce – consult your attorney about your possible divorce choices.

To learn more about the differences between Mediation and Litigation get our Free eBook here or just give us a call at 646-472-7971.

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