This generally saves money. Where the Court system would most likely not have the parties meet to discuss their issues for many months, if at all, Collaborative Law expedites the process with a meeting at the very beginning. This gets the matter off to a flying start without having to wait based on Court schedules. In fact, part of the Collaborative Law agreement is that neither party may go to court. If that should occur, the Collaborative Law process terminates and both attorneys are disqualified from any further involvement in the case. LEVEL FOUR: COURT PROCEEDINGS.
A divorce action may be commenced by serving the other party with and filing a Summons and Petition. These documents notify the court of the divorce and start the court time lines. Each state and county has a slightly different process. In most counties where the parties disagree on custody or parenting schedules, the Court requires mediation (except in cases where domestic abuse has occurred). Additionally, if children are involved, both parents must often attend a co-parenting class and often children over the age of 5 must attend a class on how to deal with parents involved in a divorce. As a general rule, Court time lines are very slow. A party may schedule a temporary hearing to determine what happens until the divorce is final. On a temporary basis the court will determine who resides in the house, who pays what bills, who has temporary custody, child support and maintenance issues. In most counties, if the parties do not resolve their issues and the matter proceeds to trial, that trial date will not occur for a year or more.
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