Choosing the Right Path to Divorce in Florida: Pre-suit Mediation, Litigation, or Collaborative

Shay Manibog
Sep 29
3 min read

Going through a divorce is never easy. On top of the emotional weight, you’re faced with decisions about how to move forward. In Florida, there are three main paths couples can take: Pre-suit Mediation, Divorce through Litigation, or Collaborative Divorce. Each option offers a very different experience, and the one that’s right for you depends on your family’s needs, the level of cooperation between spouses, and the kind of future you want after divorce.

Let’s break them down in plain, practical terms:

1. PRE-SUIT DIVORCE THROUGH CERTIFIED MEDIATOR

Divorce through Mediator instead of Attorneys

This is often the simplest and most affordable path for couples who can sit down and work things out. Instead of filing for divorce right away, both spouses meet with a Florida Supreme Court Certified Mediator or Mediation Attorney. The mediator is a neutral professional who guides conversations, helps resolve disagreements, and prepares all the necessary court documents.

Because everything is handled before the divorce is even filed in court, this process is usually faster, more private, far less expensive and far less intimidating. Couples who choose this path often walk away feeling empowered, knowing they worked together to create a fair agreement.

2. DIVORCE THROUGH LITIGATION

Litigation is the traditional courtroom process—and for many, it’s the option they fear most. In this path, one spouse files for divorce and the case moves through the court system. Each party usually hires an attorney, and if disputes arise, motions are filed, hearings are scheduled, parties still go to mediation and if no agreement is reached, the case eventually goes to trial.

Litigation can be lengthy (may take years), very expensive, and emotionally draining. It often escalates conflict, making it harder for spouses to co-parent after the divorce. And in the end, it’s a judge—not the couple—who makes the final decisions about finances, custody, and support.

For some high-conflict situations, litigation is unavoidable. But for many families, it’s the most painful way to end a marriage and Children often become psychological collateral in the aftermath of a ligated divorce.

3. COLLABORATIVE DIVORCE

Divorce involving Attorneys and neutral professionals.

Somewhere between pre-suit mediation and litigation lies Collaborative Divorce. This process is designed for couples who may want more support than a mediator provides, but who want to avoid the courtroom battles of litigation.

Each spouse hires a collaboratively trained attorney, and the process may also involve neutral professionals like an Accountant, a financial advisor, child specialist, or mental health facilitator. Everyone signs a participation agreement committing to work together respectfully and openly.

The focus here is on problem-solving, not “winning.” Couples make their own decisions in private meetings, with guidance from the team, and once an agreement is reached, it’s submitted to the court for approval. The end result is a divorce that feels less like a fight and more like a carefully planned transition.

Which Path is Right for You?

Pre-suit Mediation is best for couples who can remain cooperative and want a simple, affordable, and private/confidential process with healthier outcome.
Litigation is often necessary in high-conflict situations, but it’s usually the most costly and stressful.
Collaborative Divorce provides structure process guided by team of professionals without the hostility of the courtroom, making it ideal for families who want to preserve dignity and focus on the future although it may not be as simple and affordable as pre-suit mediation.

💡 The takeaway: Your divorce doesn’t have to be a battle. By choosing the right path, you can ease the process, protect your children from unnecessary conflict, and set the stage for a healthier next chapter or fresh start.

🌿 If you’re unsure which path is right for you, I encourage you to schedule a consultation by calling 772-226-7112. Together, we can explore your options and find the process that best supports you, your family, and your future.

#Divorcewithoutattorneys