What makes collaborative divorce faster than court litigation?

Collaborative divorce is faster due to voluntary disclosure of information, flexible scheduling, focus on resolution, and no court delays. Unlike court litigation, which faces scheduling backlogs and formal procedures, collaborative divorce allows parties to work at their own pace with voluntary information exchange and direct negotiation.

How Long Does a Collaborative Divorce Take vs. Court?

Q: How long does a collaborative divorce process take compared to court litigation?

A collaborative divorce typically takes 3 to 9 months to finalize, compared to 12 to 36 months or more for court litigation. The exact timeline depends on the complexity of issues and parties' cooperation. The process includes initial consultation (1-2 weeks), information gathering (1-2 months), negotiation sessions (2-6 months), and agreement drafting (1 month).

FAQs

How Long Does a Collaborative Divorce Process Take Compared to Court Litigation?

The collaborative divorce process is typically much faster than court litigation. While the exact timeline depends on the complexity of the issues and the willingness of the parties to cooperate, a collaborative divorce usually takes 3 to 9 months to finalize, compared to 12 to 36 months or more for court litigation.

Average Timeline for Collaborative Divorce

Initial Consultation and Agreement to Collaborate

1–2 weeks
Both parties hire collaboratively trained lawyers and sign a participation agreement, committing to resolving issues out of court.

Information Gathering and Disclosure

1–2 months
Parties exchange financial documents, asset details, and other necessary information voluntarily.
Neutral experts (e.g., financial advisors or child specialists) may be engaged.

Negotiation Sessions

2–6 months
Multiple joint meetings are held to address key issues, such as property division, parenting plans, and support arrangements.
The timeline depends on the complexity of the issues and the availability of participants.

Drafting and Signing the Agreement

1 month
Once all issues are resolved, a settlement agreement is drafted, reviewed by both parties, and signed.
The agreement can then be filed with the court for final approval (if required).

Average Timeline for Court Litigation

Filing the Notice of Family Claim

1–2 months
One party files court documents, and the other responds within the legally mandated timeframe.

Discovery and Disclosure

6–12 months
Both parties gather and exchange financial and personal information, often involving formal procedures like affidavits and depositions.

Case Conferences and Interim Orders

6–18 months
The court may schedule case conferences or hearings to resolve temporary issues like parenting arrangements or support.

Trial Preparation

12–24 months
If the parties cannot reach a settlement, the case moves to trial, requiring extensive preparation.

Trial and Final Judgment

1–2 weeks for trial; several months for judgment
A judge makes binding decisions on unresolved issues.
Appeals can extend the timeline further.

Factors That Make Collaborative Divorce Faster

Key Factors
Voluntary Disclosure	In collaborative law, financial and personal information is exchanged voluntarily, avoiding time-consuming court orders for discovery.
Flexible Scheduling	Meetings are scheduled based on the parties’ availability, avoiding the delays often associated with court hearings.
Focus on Resolution	Collaborative law prioritizes finding mutually acceptable solutions, reducing the need for prolonged disputes.
No Court Delays	Court litigation is subject to scheduling backlogs, which can significantly delay proceedings.

Example in a Vancouver Context

A Vancouver couple with a complex financial portfolio chooses collaborative divorce. Over the course of 5 months, they:

Engage financial experts to value their business and properties.
Negotiate a parenting plan and spousal support arrangement.
Finalize a separation agreement, which is filed with the court for approval.

In contrast, a similar case in litigation could take 18–24 months due to contested financial valuations, interim court orders, and scheduling conflicts.

Summary of Timelines

Process	Collaborative Divorce	Court Litigation
Average Duration	3–9 months	12–36+ months
Key Factors Influencing Time	Complexity of issues and cooperation	Court schedules, disputes, and appeals
Delays From Court Backlogs	None	Significant

Seek Legal Assistance

If you’re seeking a faster, less stressful alternative to court litigation, consider collaborative divorce. Mills Family Law, experienced Vancouver family lawyers, can provide guidance on how this process can save time and protect your interests. Call us at 778-945-3003 or fill out our web form to get started today.

Related FAQs

For more details, consult the Family Law Act of BC or speak with a collaborative lawyer to explore your options.

FAQ