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At Christine Sue Cook, LLC, we often hear the question: “How long does collaborative divorce take?” The answer isn’t one-size-fits-all, as each case is unique.
In this post, we’ll explore the factors that influence the timeline of a collaborative divorce and provide insights into what you can expect during the process.
Collaborative divorce is a legal process where both spouses work together to resolve their divorce issues without court intervention. Each spouse hires their own attorney trained in collaborative law. These attorneys commit to resolving all issues outside of court. The process often includes other professionals (such as financial advisors and child specialists), forming a comprehensive team to address all aspects of the divorce.
The collaborative divorce process aims to reach an agreement that benefits both parties and any children involved. This method encourages open communication and problem-solving, rather than the adversarial approach often seen in traditional divorces. It often leads to more creative and tailored solutions that court-imposed decisions might not consider.
Traditional divorce litigation can be lengthy and costly. A survey by Martindale-Nolo Research found that the average litigated divorce takes 15 months to complete and costs around $20,000 per spouse. In contrast, collaborative divorces typically resolve faster and are less formal, less time consuming, and less expensive than traditional litigation divorce. The International Academy of Collaborative Professionals reported that 86% of collaborative cases settle successfully, with an additional 2% ending in reconciliation.
One significant advantage of collaborative divorce is its potential to preserve relationships, which is especially important when children are involved. The non-adversarial nature of the process can reduce emotional stress and set a foundation for better co-parenting post-divorce. This aligns with Florida’s emphasis on shared parental responsibility (as outlined in Florida Statute 61.13).
It’s important to note that if the collaborative process fails, both attorneys must withdraw, and the spouses need to hire new counsel for litigation. This provision incentivizes all parties to work diligently towards a resolution within the collaborative framework.
As we move forward, let’s examine the factors that influence the duration of the collaborative divorce process and what you can expect during each stage.
The complexity of a couple’s financial situation significantly influences the duration of a collaborative divorce. 95% of collaborative cases in FL completed within 1 year, but some cases resolve in as little as two months, while others extend beyond a year. High-net-worth divorces often require more time due to the intricate nature of asset division. Couples who own multiple properties, businesses, or investments face a more time-consuming valuation and division process.
When children are involved, the collaborative divorce process often requires additional time to address custody and support arrangements. The development of a comprehensive parenting plan that considers the children’s best interests typically involves multiple negotiation sessions. During these meetings, you and your spouse can expect to negotiate the terms of your property settlement, child custody, child support, and/or support agreement.
The willingness of both spouses to cooperate and compromise significantly impacts the timeline. Couples who maintain open communication and a problem-solving mindset typically finalize their divorce faster. On the other hand, if one or both parties resist or refuse to cooperate, the process can extend considerably.
The schedules of the collaborative team members (including attorneys, financial advisors, and child specialists) can affect the process duration. Coordinating meetings with multiple professionals sometimes leads to delays. However, the use of online scheduling tools and virtual meetings can help to keep the process moving forward efficiently.
As we explore the typical timeline of a collaborative divorce, you’ll gain a clearer understanding of what to expect during each stage of the process.
Collaborative divorce follows a structured process, typically spanning several months. This approach aims to resolve disputes efficiently and amicably.
The process starts with individual consultations between each spouse and their chosen collaborative attorney. During this time, attorneys explain the collaborative process in detail and assess its suitability for the situation. Once both parties agree to proceed, you and your attorney should begin assembling your collaborative divorce team, which may include a divorce coach, financial specialist, and child specialist.
The next phase involves comprehensive information gathering and full financial disclosure. This stage typically lasts 4-6 weeks (depending on the complexity of assets and financial situation). Both parties must provide complete and accurate information about their finances, including income, expenses, assets, and debts. Financial advisors play a crucial role here, helping to organize and analyze this information. This transparency sets the stage for productive negotiations.
Negotiation sessions form the core of the collaborative divorce process. These are structured discussions where issues such as asset division, child custody, spousal support, and other relevant matters are addressed. The goal is to reach mutually beneficial agreements on all aspects of the divorce.
Once negotiations conclude, attorneys draft the settlement agreement. This process usually takes 2-3 weeks. All parties then review the document, suggesting any necessary revisions. This review phase can last an additional 1-2 weeks. It’s important to carefully examine all terms to ensure they accurately reflect the agreements reached during negotiations.
The final stage involves submitting the settlement agreement to the court for approval. This typically takes 2-4 weeks, depending on court schedules. Once approved, the divorce becomes final. Proper filing of all necessary documents and follow-up with the court confirms the finalization of the divorce.
The collaborative divorce process is generally faster than traditional litigation, with most cases resolving in 4 to 8 months. However, it requires patience and commitment from all parties involved. The time invested in this process often leads to more satisfactory and sustainable outcomes for everyone.
Collaborative divorce offers a unique approach to ending a marriage, focusing on cooperation and mutual benefit rather than adversarial tactics. The process typically takes between 4 to 8 months, though this can vary based on individual circumstances. This timeline is generally shorter than traditional litigation, which can extend for years.
The benefits of collaborative divorce extend beyond just saving time. It often results in more satisfactory outcomes for both parties, preserves relationships, and can cost less than a court battle. The process allows for creative solutions tailored to your family’s specific needs, especially for child custody arrangements.
At Christine S. Cook, LLC, we understand the intricacies of collaborative law and can guide you through each step of the process. We strive to make your divorce as smooth and efficient as possible while protecting your interests. For expert legal services in family law, including answers to “how long does collaborative divorce take,” visit our website at Christine S. Cook, LLC.
