Understanding the Cost Differences in Divorce Models: Litigation, Collaborative, and Mediation

When facing a divorce, choosing the right process is one of the most important decisions you’ll make. Among the most common models, litigation, collaborative divorce, and mediation, there are significant differences in both approach and cost. Understanding these can help you choose the path that best fits your needs, priorities, and budget.

Litigation is traditionally the most expensive way to go through a divorce. While it’s true that some litigated cases settle before trial, often through cooperative efforts between attorneys, the process itself tends to drive up costs. That’s largely due to how the legal system is structured. Preparing for court involves extensive information gathering, analysis, and often the hiring of multiple experts. Each party typically has their own attorney handling every aspect of the case, from financial analysis to negotiation.

This duplication of efforts on both sides adds up quickly. In some cases, each party hires their own set of experts who may provide conflicting opinions. Resolving those differences can be time-consuming and costly. On top of that, litigation lacks the transparency seen in other models, often requiring formal discovery processes that further increase expenses.

Collaborative Divorce offers a middle ground. It’s structured to be front-loaded, meaning you pay up front for a team that includes an attorney, a mental health professional (coach), and a financial expert. While this may seem costly at first glance, the structure is designed to reduce inefficiencies. Each professional does the work they’re best trained to handle, rather than relying solely on attorneys to manage every issue.

One of the key values of Collaborative Divorce is transparency. If any party makes an error or misunderstands an issue, the team is obligated to address it openly and correct it. That commitment to integrity builds trust and helps avoid unnecessary conflict or delays.

Though Collaborative Divorce may cost more than mediation, it’s typically far less expensive than full-blown litigation. In Sacramento, efforts are underway to make collaborative divorce more accessible to modest-income families, expanding its benefits to a broader group.

Mediation is generally the least expensive option. A single neutral professional facilitates discussion and helps both parties reach an agreement. This mediator doesn’t represent either person but helps guide them toward a resolution. When successful, mediation can produce a marital settlement agreement that becomes the final divorce judgment.

However, mediation isn't always the right fit particularly when there’s a power imbalance or complex financial issues. In some cases, mediators need to bring in experts to value a business or assess retirement plans, which can increase costs slightly. Still, for many families, mediation offers an efficient, low-cost way to move forward.

There’s no one-size-fits-all answer. Each divorce is different, and the best model depends on your unique needs, financial situation, and family dynamics. Litigation gives control to a judge, while collaborative divorce and mediation keep decision-making with the couple. If maintaining respect, privacy, and control over the outcome are important to you and you can commit to open communication collaborative divorce may be the best path forward.

If you’d like to explore whether collaborative divorce is right for your situation, I encourage you to attend a Divorce Options® Workshop, offered monthly online by the Sacramento Collaborative Divorce Group. It’s a free class that explains all three models in detail and includes presentations by legal, financial, and mental health professionals. You’ll also receive useful handouts and a list of collaborative professionals, many of whom offer free consultations to workshop attendees.