Traditional Divorce relies heavily on litigation to legally force an agreement upon a couple. This means once open, your case is pending to go to court. Each spouse hires their own attorney to gain the best deal they can, while protecting their assets and time with their children. If the spouses, via their adversarial attorneys, cannot agree on a final settlement, the case will go to court. Once in court, a judge will make decisions for the couple with regard to a parenting plan and the division of debts and assets.
Although the most expensive and adversarial option, traditional divorce may be necessary if both or one spouse requires the protection of litigation. For example, the legal protection afforded by litigation may be necessary if the couple cannot agree on anything, if domestic violence is an issue, or if a major power imbalance exists within the relationship.