Mediation, Collaborative Divorce or Litigation: Understanding Your Options

Divorce is not a one-size-fits-all process. While many people picture divorce as two attorneys battling in a courtroom, there are several ways to navigate the legal and financial process of ending a marriage.

Three common approaches are mediation, collaborative divorce and litigation. Understanding how they differ can help you determine which process may be appropriate for your circumstances.

Mediation
In mediation, a neutral third party works with both spouses to help them navigate the divorce process. The mediator does not represent either spouse or provide advice favoring one person over the other. Mediation may work well when spouses communicate effectively, are transparent with one another and both have a solid understanding of their finances.

However, it may be less appropriate when there are questions about financial information or when one spouse has significantly more knowledge of the couple's finances than the other. In those situations, one party may benefit from having an advocate representing their individual interests.

Collaborative Divorce
Collaborative divorce takes a team-based approach. Each spouse works with professionals who can help address different aspects of
the divorce, potentially including attorneys, financial professionals and divorce coaches. A financial neutral may also help the couple navigate the division of assets.

One important feature of the collaborative process is the commitment to resolving the divorce without litigation. If the collaborative process breaks down, the spouses may need to start over with a new team.

That structure gives everyone involved an incentive to reach an agreement, but it also creates a potential risk: an unsuccessful collaborative process can mean additional time and expense.

Litigation
The word "litigation" can bring to mind contentious courtroom battles, but choosing a litigated divorce does not necessarily mean a case will end up before a judge.

In this approach, each spouse hires their own attorney to represent their interests, and the attorneys can negotiate toward a settlement on their clients' behalf.

Having an individual legal advocate may be particularly important when spouses have unequal knowledge of their finances, when
difficult custody issues are involved or when domestic violence is a concern.

Litigation should not automatically be viewed as choosing a fight. Marriage is a legal contract, and divorce ultimately requires a legal
process to end that contract. For some couples, having separate legal representation may simply provide the structure and advocacy
their situation requires.

Choosing the Right Divorce Attorney
If your divorce process involves hiring an attorney, choosing the right person can be an important decision.
Rather than simply selecting someone because a friend or family member considers them the "best" divorce attorney, consider whether that attorney is the right fit for your circumstances.

Questions to consider asking include:

• Have they handled cases similar to yours?
• How would they approach particularly difficult issues in your
  case?
• How do they communicate with clients?
• How long do they anticipate the process could take?
• What do they expect the process could cost?

Speaking with more than one legal professional before making a decision can help you compare approaches and find someone who understands both your situation and how you want to navigate the process.

Finding the Approach That Fits Your Situation
Divorce can be a lengthy process, and the appropriate path depends on the circumstances of the couple involved. Mediation
may provide an effective option for spouses who communicate well and understand their finances. Collaborative divorce provides a
team-oriented framework for reaching an agreement outside of litigation. And having individual legal representation may be
important when financial, custody or other circumstances require stronger advocacy.

Whichever approach you consider, understanding your options before moving forward can help you assemble the professional support that fits your needs.

This article is based on the Paths Through Divorce podcast episode
“Mediation, Collaboration, Litigation,” from EP Wealth Advisors

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The speakers featured in this podcast are employees and/or Investment Adviser Representatives of EP Wealth Advisors. The information discussed is provided for educational and informational purposes only and should not be considered personalized investment, financial, tax, or legal advice.

The views expressed are those of the speakers as of the recording date and are subject to change. Investing involves risk, including the possible loss of principal, and past performance does not guarantee future results.

Before making financial decisions, consult your financial, tax, or legal professional. EP Wealth Advisors is a registered investment adviser. For additional information, including our Form ADV, please visit www.epwealth.com.