Friday, August 1, 2014

How Collaborative Law and Litigation are Alike

Most of my writing about Collaborative Law discusses how it is different from Litigation.  For a change, I will explain some of their limited similarities.

1.  Both processes use the same basic time periods. 
  • One of the parties must have lived in Texas for at least 6 months and the county they file in for the last 90 days.  
  • There's also a 60-day waiting period, from the date the case is filed until a divorce can be granted by the Court.
2.  The parties need to gather and share information about the assets, liabilities and children.  In litigation it is normally in writing and formal.  In Collaborative, we usually involve the neutral professionals  in obtaining, reviewing and organizing the information.  In Litigation cases, the attorney usually takes charge of it.

3.  The attorneys create a detailed court order with the agreement.  They want it clear and enforceable.

4.  Documents take time to  prepare.  The Decree of Divorce, sometimes the Agreement Incident to Divorce and any Qualified Domestic Relations Orders always seem to take a long time.

5.  The parties must get the Court to approve the agreement.  There must be a formal, signed court order.

Sometimes people get in a hurry in Collaborative cases.  Hopefully, they will keep in mind that some things just can't be ignored or sped up.  Collaborative cases usually are faster than Litigated ones, but we still have hoops to jump through.

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