Divorce is usually never easy for those involved, including spouses, their children, and families. The traditional divorce process mentally and emotionally impacts the parties and often negatively affects relationships.
Fortunately, divorce law is ever-changing and evolving. The collaborative divorce process is an alternative to adversarial divorce, giving spouses the opportunity to work together on their issues and come to an agreeable conclusion.
A collaborative divorce is a viable option for many couples. If you’re interested in learning more about the collaborative divorce process and how it may be right for you, the divorce attorneys at Curran Moher Weis are ready to assist you.
If you and your spouse are interested in a peaceful, out-of-court resolution to your divorce, you may wish to pursue a collaborative divorce. Also referred to as ‘peaceful divorce,’ ‘divorce with dignity,’ or ‘no-court divorce,’ collaborative divorce combines the security and guidance of attorney representation with the flexibility of a mediated solution. Collaborative divorce occurs when parties agree to resolve their divorce without going to court and hire attorneys who are collaboratively trained.
Collaborative divorce can be done with attorneys alone or as a team-based approach involving attorneys, mental health professional coaches and child specialists, and financial experts. The process is intended to result in the negotiation of creative solutions that allow for solid legal, financial, and emotional outcomes that both parties can live with.
The collaborative process also supports cooperative co-parenting arrangements that many believe will reduce the impact of divorce on children and preserve relationships within the entire family. In a collaborative divorce, the divorcing couple has control of the decisions and agreements that impact their divorce, while trained professionals offer guidance on legal, parenting, and financial questions and the decision-making process. The process can often be less costly than a traditional divorce involving litigation in court.
While collaborative divorce is not a new concept, it is growing in popularity. Just recently, in 2021, Virginia passed the Uniform Collaborative Law Act (UCLA), adding Virginia to the growing list of states offering collaborative divorce.
Curran Moher Weis is proud to offer legal services to our Virginia clients seeking a collaborative divorce.
When first approached with the idea of collaborative divorce, many individuals believe collaborative divorce is the same as mediation. While the two processes are somewhat similar, there are several differences.
Mediation and collaborative divorce share certain similarities:
While there are likenesses, mediation and collaborative divorce are fundamentally different.
During mediation, both parties meet with a neutral third party, called a mediator. While both spouses and their attorneys are in the same location, they meet with the mediator separately, as communications with the mediator are done in private. The mediator gets to know both parties and their wants and needs, trying to facilitate an agreement using a back-and-forth approach until a resolution is reached.
During the collaborative divorce process, there is no neutral third party. The spouses often handle their collaborative divorce with their lawyers alone. In some cases, other individuals can assist with the process, including counselors or financial planners.
Unlike the separation experienced during mediation, collaborative divorce involves “four-way” meetings. The two spouses meet together with their lawyers to discuss issues and create a plan for resolution.
Additionally, during the collaborative divorce process, spouses commit not to go to court. Should the collaborative divorce fail and the parties need to litigate, their lawyers will withdraw, and the parties will need to hire new lawyers. During mediation, if the parties cannot resolve their issues, the case is allowed to simply proceed to litigation with the same attorneys.
Mediation and collaborative divorce have very similar goals: to avoid litigation and reach solutions peacefully and amicably. However, because of their differences, collaborative divorce may be better suited for certain couples.
The collaborative process typically involves the following sequence of events:
The collaborative divorce process aims to aid spouses in reaching a fair resolution together in a peaceful and controlled environment.
The contractual commitment that results from a successful collaborative divorce is characterized by the following:
Note that clients may also turn to a collaborative process for prenuptial agreements, separation, temporary agreements, post-divorce issues, changing spousal support, child custody, or child visitation, issues involving unmarried partners, inheritance/probate cases, and even business disagreements.
Collaborative divorce is widely used for the many benefits it offers divorcing spouses.
Collaborative divorce involves sitting down with your spouse face-to-face and tackling your problems together. Open communication and cooperation are at the forefront of the collaborative divorce process, often resulting in beneficial results for everyone involved.
When you litigate your divorce, you lose some control over your situation and future, as you rely on a judge to make important decisions for you.
When you choose to engage in the collaborative divorce process, you retain control over your circumstances and paint the picture of what you want your futures to look like together.
Litigation is usually much more expensive for both parties than other forms of dispute resolution. Avoiding litigation allows both spouses to participate in a more cost-effective process with a better result.
Not only is litigation particularly costly, but it also takes a lot of time. While a collaborative divorce can take a few months to resolve, litigation can take double and triple the time in some cases.
During litigation, tensions run high, and both parties often don’t hold back emotionally and verbally. Collaborative divorce produces a calmer experience – therefore, it is not usually as emotionally fueled as litigation.
Additionally, because the process is less contentious, collaborative divorce allows spouses to protect their relationship in the future. This is especially helpful when couples have children, as they will be in each other’s lives for years to come.
The collaborative divorce process in Virginia requires specially-trained attorneys and other professionals. At Curran Moher Weis, we have the best Fairfax divorce attorney for that process. Grant Moher, Esq., managing partner, and Steven Goldman, Esq., partner, are experienced collaborative practitioners with the training, certifications, and experience needed to support a successful outcome. Both are also active members of the Collaborative Professionals of Northern Virginia (CPNV). We invite you to discuss your situation with them. Contact us today at (571) 328-5020, or request a consultation if you are in Northern Virginia, or nearby.
G.B.
Brad
K.H.
Jacquelyn
