Sunday, June 15, 2014

Flexible Timing

In addition to other advantages of Collaborative Law, one that is not discussed as much is the ability to have flexibility with the timing.

Collaborative divorces are bound by the basic time limits in the Family Code.  In order to file for divorce, one of the parties must have lived in the county of filing for the last 90 days and the State of Texas for at least 6 months.  In addition, there is a 60-day waiting period, beginning on the filing date, before the divorce can be finalized; that is not an automatic end date, just the minimum time the papers have to be on file before the divorce can be granted.

How is Collaborative Law more flexible? It goes back to who controls the case.

The case can move very quickly, once the 60-day waiting period is up, if both parties are ready and both want to move quickly.  The parties decide how quickly they want to move.They don't have to wait on court hearings.

On the other hand, the case can move very slowly for any number of reasons, if the parties want it.
  • There may be health issues that require waiting.  
  • It may take a while to get the finances figured out. 
  • The parties may need to wait for one or both to get a job.  
  • More education or training may be needed.  
  • There may be some kid issues that take time to resolve.
If both parties are ready and want to speed up, they can in Collaborative Law.  If one or both parties need to slow down, that can also be arranged.  If the parties were in Litigation, they would not control the timing.  Very often a scheduling order is done fairly early in the process, and that will override the wishes of the parties.

If you have special timing needs, visit with a Collaborative Lawyer and find out if your case would benefit from using the Collaborative process.

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