By statute in Louisiana, there is a waiting period of six months’ separation for a divorce not based on fault, except that the separation period is one year if the spouses have any children under the age of 18. The collaborative work on the various aspects of a divorce sometimes can be completed within the required separation period, so long as the spouses are prepared to devote themselves diligently to the resolution of the issues in the case during that period. If they are not so inclined, or if the case is a complex one, more time may be needed. A goal of Collaborative Divorce is to allow the divorcing spouses, with the guidance of the collaborative team, to exercise control over the pace and schedule in the case.
One way that Collaborative Divorce differs from other approaches is that the collaborative professional team remains available indefinitely on an as-needed basis to assist divorced spouses in the event that new issues arise or circumstances previously addressed call for changes in the agreements previously reached. In that respect, the collaboration can continue for as long as the divorced spouses have need of assistance from the collaborative professional team