Whether they have personally experienced a divorce or not, most people know that the divorce process is often complex, contentious, and costly. While most divorces wouldn’t have enough drama for a blockbuster move, it doesn’t mean they are a cakewalk, either. Divorces usually demand attorneys, time, money, and sometimes, a lengthy and emotional trial.
Family courts in all states, including Virginia, strongly encourage splitting couples to work together to resolve their disputes, as this is usually in their children’s best interests. When they do agree, the process becomes much more comfortable. However, this doesn’t often happen on its own. If you and your soon-to-be ex-spouse don’t agree on every term, it can be beneficial to work with a mediator or neutral third party to help resolve your disputes.
At Curran Moher Weis, our skilled Leesburg, VA divorce lawyers help couples from all backgrounds navigate the divorce process in the best way possible for them. Sometimes the best way is through a process known as collaborative divorce.
Just like all marriages are different, no two divorces are exactly the same. Different approaches work better for some couples. Sometimes a collaborative divorce works best. A collaborative divorce is a type of uncontested divorce. It’s one in which the spouses start with disagreements on the major issues in divorce. Still, they are both willing to come to the table, compromise, and negotiate the terms of the divorce so that it’s a win-win situation for them both.
A collaborative divorce can save both time and money. It also gives the spouses more control over the outcome of their divorce instead of just letting a judge decide on their behalf. Couples who can agree on what goes in their divorce decree won’t need as much support from their Leesburg, VA divorce lawyers or as much attention from the family court judge, thus lowering the cost and not having to wait on a court date. Often the skills each spouse learns from a collaborative divorce can help them with disagreements they might face in the future.
However, each spouse must be willing to forgo having everything 100 percent their way in a collaborative divorce. If each spouse isn’t ready or willing to compromise, the collaborative divorce process won’t work, and they will be back to square one. For example, suppose you and your spouse have a history of domestic violence or you’re unable to communicate effectively and calmly. In that case, you will probably need to file for a contested divorce, which is generally determined by what each spouse is entitled to under Virginia family law.
If you have chosen a collaborative divorce process, it’s imperative that you hire a divorce attorney who is well-versed in collaborative divorce. Our attorneys have helped countless couples achieve the best conditions possible in their divorce decree through this process and the help of their resources. In addition, we have connections to build your collaborative divorce team, including divorce coaches, financial specialists, and child specialists.
Although you may not want or need every specialist available, if you have minor children, you’ll likely need to have at least a child specialist. Your collaborative divorce team works together to assist you and your spouse in identifying the best choices and reaching optimal resolutions for your entire family.
Keep in mind, however, that your divorce lawyer still works for you even in a collaborative divorce circumstance. They should only be looking out for your interests. As such, if you are uncomfortable with a term of your divorce, they should advocate changing it for your benefit.
If, at any time during the collaborative divorce process, one spouse no longer wants to participate in a collaborative divorce, they have the right to stop. The case will then proceed to a contested divorce with a judge ruling on significant issues such as child custody and support, alimony/spousal maintenance, and property division.
While our Leesburg, VA, divorce lawyers’ primary focus is on helping divorcing clients, we also practice in other areas of family law. For example, we can help couples with pre-nuptial or post-nuptial agreements or already divorced couples with custody, child support, or alimony modifications. Our experienced attorneys also assist couples with powers of attorney and legal separation agreements. If your situation involves domestic violence, we can also help you through this difficult time.
Whatever divorce or family legal matter you and your family are facing, the compassionate Leesburg, VA divorce lawyers at Curran Moher Weis are here for you. We will answer your questions, address your concerns, and develop a plan that guides us through your current situation. As with all legal matters, the sooner you have an attorney on your side, the better the outcome might be. Get in touch and schedule a consultation with us today. You can reach us by phone at (571) 328-5020 or online.
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