When Should Couples Choose Traditional Divorce?


When a marriage ends, the goal of divorce is always to separate as amicably and fairly as possible and to minimize emotional and financial loss. Life-altering decisions revolving around custody, child and spousal support, and the division of property and debt have to be determined regardless of which path to divorce a couple takes. While it’s always ideal to avoid a courtroom and litigation setting, sometimes traditional divorce is the best route to take. Here are some signs couples should choose the route of a traditional divorce.

Compromise cannot be found

Both mediation and collaboration lean on compromises and negotiations that take the needs of each person into consideration. In the event that the separating couple cannot agree on the terms of their divorce through these methods, traditional divorce is the next logical step to resolve these differences. In the event of failed mediation or collaboration, couples might want to consider moving the process to the court system for an impartial judge to determine the terms of the divorce based on the information presented and argued by each party’s attorney.

Communication is limited or nonexistent

Traditional divorce is the best path for divorcing couples who have ceased to communicate with one another for any number of reasons. While mediation and collaboration are designed to manage high conflict cases, these divorce methods are not foolproof. When any interaction between the two individuals causes a breakdown in communication or mostly consists of irrational demands and refusals to take steps toward negotiation, exchanging information strictly through attorneys via traditional divorce might be the most productive and conducive way to reach a resolution.

Personal safety is a concern

If any history of abuse or violence exists between the members of the divorcing couple, fear and intimidation can permeate any attempt at compromise or communication in a more collaborative or neutral setting such as mediation or collaboration. When the personal safety of a parent or a child within the family is a concern, traditional divorce with separate research, representation, specialists, experts, and a judge is the best route to move forward with a resolution that can allow everyone involved to move safely into the next phase of their lives. 

Although traditional divorce is often the most adversarial and can also become the most costly, this method is sometimes the one that best suits a couple’s unique dynamic. 

At Shafer Law Firm, we have several skilled attorneys happy to assist you and answer any questions about traditional divorce and whether it is the right path for you. Contact us for more information.

About the Author: Kyle M. Janes

Kyle grew up in Meadville and attended Meadville Area Senior High. He attended college at Allegheny College. Upon graduating from the University of Pittsburgh School of Law, Kyle returned to Meadville to serve the community where he grew up.

Kyle has a diverse family law practice, including divorce, support, custody, juvenile dependency, adoption, pre-nuptial agreements, protection from abuse, and other domestic relations issues. His compassion for his clients and his knowledge of the law allow him to work on a full range of cases, from simple to complex.

This content is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.

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