For couples, a divorce is the most emotionally, financially, and legally difficult situation they will ever encounter. During a divorce, the decision to litigate or mediate is an important start to the process. Our experienced Virginia divorce attorneys are here to help you make an informed decision.
Litigate, Collaborate or Mediate?
In a contested divorce proceeding, there are several options to consider at the outset: litigate, collaborate, or mediate. Each divorce is unique in its needs and it is vital that all parties involved enter the proceedings informed of both their rights and options.
In litigation, a judge considers arguments made by both parties, evidence, previous cases, and statutes, and decides your case. The results in litigation can feel like a “winner take all” proposition – which may be attractive or unappealing to either one of the parties involved. The litigation process can also be costly, lengthy, and emotionally draining. In some cases, litigation is inevitable, and cannot be avoided. However, in many cases, there are other options.
A collaborative divorce is one in which the parties agree in advance that they will not go to court. They each have a specially trained collaborative attorney and those attorneys meet with the parties to create a comprehensive and equitable resolution to the marriage. Often this will include the consultation of outside support such as financial experts. Collaborative divorce is designed to help the parties retain control of their situation, and work together to reach an outcome they can both live with.
Divorce Mediation in Virginia
Divorce mediation is an alternative dispute resolution approach where the parties, not the court, reach decisions about child custody, spousal support, and property division. Mediation presents an opportunity for the parties to negotiate more creatively, arriving at mutually beneficial resolutions. In mediation, both parties can make agreements that the courts do not have the flexibility to mandate, and allows for much more individualized resolutions. This can often minimize the impact of divorce on both the parties and their children.
It is important for all parties involved in a mediated divorce to be fully informed of their legal rights and obligations. Consulting with an attorney at Curran Moher Weis regarding mediation enables you to make informed decisions. Our attorneys are capable of mediating a divorce or attending the mediation on behalf of a client seeking support.
Talk with Experienced Fairfax Divorce Mediation Lawyer
Whether you are seeking to litigate, collaborate, or mediate we can ensure that you understand your legal rights during your divorce. Our experienced Fairfax Divorce Mediation Lawyer from Curran Moher Weis can help you reach an agreement that best serves the long-term interests of you and your family. Contact us today at (571) 328-5020 or request a consultation.