Collaborative Divorce vs. Litigation in San Antonio: Which Path Protects Your Peace, Family & Finances?

Why Your Divorce Process Matters

How you choose to end a marriage can affect your parenting relationship, finances, and emotional well-being. In Texas, the two most common approaches are:

  • Collaborative Divorce – A team-based, out-of-court process.

  • Litigation – The traditional, court-driven, adversarial process.

What Is Collaborative Divorce in Texas?

Governed by the Texas Collaborative Family Law Act, collaborative divorce is voluntary — a court cannot order participation. Both spouses and their collaboratively trained attorneys sign a participation agreement to negotiate in good faith. If it fails, both lawyers must withdraw before litigation.

Meetings typically include both spouses, their attorneys, and agreed-upon neutrals such as financial or mental health experts.

Key Points:

  • Timeline: Often 3–6 months, plus the 60-day Texas waiting period.

  • Cost: Less than contested litigation but more than basic mediation.

  • Privacy: Communications are privileged (with statutory exceptions); court filings are public unless sealed.

Control: Spouses design their solutions.

What Is Divorce Litigation?

Litigation begins when one spouse files a petition in court. It can involve discovery, hearings, settlement conferences, and trial.
Key Points:
Timeline: 6–18 months or more.

Cost: $15,000–$30,000+ with children.

Public Record: Filings/testimony are public unless sealed.

Outcome: Judge (and sometimes jury) decides.

Side-by-Side Comparison

Feature

Collaborative Divorce

Litigation

Average Timeline

3–6 months

6–18+ months

Estimated Cost

$5,000–$20,000+

$15,000–$30,000+

Decision-Maker

Spouses

Judge (or jury)

Privacy

Privileged communications (exceptions apply)

Public record

Team

Attorneys + neutrals

Opposing attorneys + experts

Conflict Level

Cooperative

Adversarial

Co-Parenting Impact

Cooperative focus

Often strained

Pros & Cons of Collaborative Divorce

Advantages:
Reduced hostility.

Child-centered flexibility.

Confidentiality.

Faster resolution.

Drawbacks:

Requires trust.

Team fees can be high.

If it fails, must restart with new counsel.

Emergency protective orders granted without consent end the process by law.

Pros & Cons of Litigation

Advantages:

Court can compel compliance.

Discovery tools uncover hidden assets.

Protective orders available.

Drawbacks:

Higher cost and time.

Public record.

Strains co-parenting.

Cost Snapshot

  • Mediation: $200–$500/hr; free in some cases via Bexar County Dispute Resolution Center.

  • Collaborative: $5,000–$20,000+.

  • Litigation: $15,000–$30,000+ with children.

  • Filing Fee: $350 (no kids) / $401 (with kids).

Key Questions

  1. Can you commit to open disclosure?

  2. Do assets require court authority?

  3. Is there a history of abuse?

  4. What are your co-parenting goals?

  5. Will investing in neutrals now save time later?

FAQs

  • Is it binding? Yes, if it meets statutory requirements.

  • Switch mid-case? Yes, with agreement; deadlines can be stayed.

Refusal? Litigation (and possible mediation) is the default.

Takeaway

Collaborative divorce offers privacy and control; litigation offers court authority and formal processes. Choose based on conflict level, asset complexity, and co-parenting goals.