There are two ways to avoid traditional divorce litigation. You can either mediate your divorce or pursue a collaborative divorce. Both options tend to be cheaper and faster than taking every matter before a judge. When it comes to lawyers, a quicker resolution will always be a cheaper one. In this article, the Sacramento collaborative divorce lawyers at Wagner Family Law will discuss collaborative divorce and how it's generally better than litigating your divorce in front of a judge.

Is collaborative divorce faster than traditional litigation?

Yes. Ultimately, when you litigate a divorce, you are operating on the court's schedule. When you decide to pursue a collaborative divorce, you are operating on your own timetable. Participants in a collaborative divorce are not controlled by the court's schedule, adjournments, delays, repeated extensions, continuances, and case backlog. With collaborative divorce, you and your former spouse can schedule meetings at your convenience, which, on top of being faster, can also work around your schedule.

Collaborative divorce operates more efficiently than litigated divorces as well. You will never have to wait hours for your case to be heard. Instead, collaborative divorce meetings have agendas and a set time frame in which the participants set targets and meet goals. 

Importantly, the speed at which a collaborative divorce operates varies depending on the complexity of the case and the willingness of both parties to cooperate. Some couples may resolve their divorce relatively quickly, while others may require more time to address their issues. Collaborative divorce aims to streamline the process of divorce. Collaborative divorce offers a faster, less expensive way to end your marriage. 

How long does a collaborative divorce take?

Statistics gleaned from the State of Florida tell us that over 90% of collaborative divorces finish in less than 12 months. In addition, many cases only take three to six months to resolve. Compared to a litigated divorce, the process of collaborative divorce can save you a lot of time and money. Ultimately, you and your soon-to-be former spouse have the power to determine how long your collaborative divorce will take. 

When you litigate a divorce, the power is out of your hands. Litigated divorces can sometimes take years to resolve. You're working around the court's schedule, each spouse has their own attorney, each attorney files their own motions, and the court reviews and considers these motions on its timetable. 

Is collaborative divorce cheaper than a litigated divorce?

Yes. Collaborative divorces are considerably cheaper than traditionally litigated divorces. This is largely because they take less time to resolve. In many cases, a litigated divorce can take years to finalize, with each party filing motions through their attorneys, waiting for the judge to rule on the motions, and moving at a glacially slow pace. 

What is the timeline for a collaborative divorce?

A collaborative divorce timeline is less rigid than traditional litigation. It is primarily focused on reaching a mutually agreeable settlement outside of the court, with no formal deadlines. The parties work together in a collaborative effort to resolve key issues related to the divorce. A typical timeline for a collaborative divorce would look like this:

• Initial consultation & participation agreement - Each spouse will hire a collaboratively trained attorney and (along with their attorneys) will sign a participation agreement committing to the collaborative process and waiving the right to litigate the divorce. 

• Individual meetings - Each spouse will individually meet with their attorney to discuss their goals, concerns, and desired outcomes. 

• Involvement of trained professionals - The parties will work with trained professionals like financial advisors, child specialists, and others to reach an agreement with their spouse. The experts provide guidance but do not make decisions on behalf of the spouses. 

• Settlement agreement - Once the two parties reach a mutually agreeable settlement, a written agreement is drafted and submitted to the court for approval. 

It is important to note that collaborative divorces do not have strict deadlines. In court, you do have formal deadlines that must be adhered to. This allows collaborative divorce to be flexible. The amount of time your collaborative divorce will take depends on the complexity of your issues. Generally speaking, spouses with considerable assets will need to have in-depth discussions on how to split those assets. It may be necessary to value the assets, and this could require the help of a forensic accountant. 

Is collaborative divorce a better option than mediation?

That depends on the complexity of your case. Mediation is a widely used method for ending a marriage. The major difference between collaborative divorce and mediation is that collaborative divorce uses a team approach to solve a complex problem, while in mediation, you have one individual who is attempting to facilitate communication between the spouses. Mediation demands that the parties are capable of working together, resolving their differences, and agreeing on all the major issues related to their divorce. In other words, it's not for everyone. 

However, avoiding litigation remains a primary goal of many couples who are divorcing. Collaborative divorce represents a middle ground between mediation and litigation that allows couples to save money, time, and emotional fatigue. For this reason, collaborative divorce is more appropriate for couples with a higher level of conflict than mediation would be. 

Both collaborative divorce and mediation are more cost-effective than litigating a divorce. However, there are differences in their cost structures. Couples will likely have to pay higher costs upfront for a collaborative divorce as it adds the involvement of multiple professionals to the mix. On the other hand, it offers more comprehensive support and helps the couple untie the knot with the aid of several skilled professionals. For that reason, mediation is generally cheaper than collaborative divorce but does not offer the spouses the amount of support they might need to handle all their issues together. 

Talk to a Sacramento, CA, Collaborative Divorce Lawyer Today

Wagner Family Law represents the interests of Sacramento residents who are pursuing a divorce. Call our office today to schedule an appointment, and we can begin discussing your next steps right away.