What are the main types of divorce processes?

Most divorces follow one primary path:

Mediation
Collaborative divorce
Litigation (court-based divorce)
What is divorce mediation?

Mediation is a process where a neutral mediator helps spouses negotiate a settlement. It is often more flexible, private, and cost-effective than full litigation, but it depends heavily on both parties’ willingness to negotiate in good faith.

What is collaborative divorce?

Collaborative divorce is a structured, out-of-court process where each spouse has a collaboratively trained attorney, and the parties agree to resolve issues without going to court. It often involves a professional team and a shared commitment to problem-solving.

What is litigation?

Litigation is the traditional court process where attorneys advocate for each spouse and unresolved issues may be decided by a judge. Litigation may be necessary in high-conflict cases, situations involving safety concerns, or where cooperation is not possible.

Mediation vs. collaborative divorce—what’s the practical difference?

A practical distinction is representation structure:

In mediation, spouses may work with attorneys in the background or as needed.
In collaborative divorce, each spouse is represented throughout the process, and the process is designed to stay out of court.

Which divorce process is best?

It depends on the facts:

Mediation can be a great fit when spouses can negotiate and want efficiency.
Collaborative divorce can be ideal when you want strong professional structure and support while staying out of court.
Litigation can be appropriate when cooperation is not realistic, information is withheld, or urgent court intervention is needed.

Can I switch processes if things change?

Often, yes—people may start in mediation or collaboration and move to litigation if resolution stalls. Your attorney can advise which options are available and appropriate in your state and your situation.