What Is a Collaborative Divorce? What Are the Advantages?

In Virginia, divorcing spouses must come to an agreement on issues such as property division, child support, child custody, visitation rights, and spousal support (alimony). If couples cannot agree on the terms of the divorce, then a court will have to intervene and decide for them.

However, litigating your divorce in court can be costly, time-consuming, and emotionally challenging. That’s why some couples in Virginia today are opting for collaborative divorces, also referred to as “no-court” divorces. Couples pursuing a collaborative divorce don’t necessarily agree on every issue, but instead of having a judge set the terms of the divorce, they work together to come up with a separation agreement that is amendable to everyone in the family, often under the guidance of professionals and other experts, including divorce coaches, child specialists, and financial neutrals.

In a collaborative divorce, going to court is not considered an option for conflict resolution. Before the collaborative divorce process begins, the two parties typically sign a Collaborative Divorce Participation Agreement. The two spouses must agree that they will not pursue litigation to resolve any disputes that arise during the divorce process and that they will only hire an attorney for the purpose of helping them iron out disagreements and negotiate the terms of the divorce with the other party.

Still, even though collaborative divorces occur outside of the courtroom, hiring an attorney to look out for your interests is essential. Your attorney will provide legal guidance and ensure that your parenting and property rights are protected under the terms of the negotiated agreement. It’s especially important to hire an attorney who has experience helping clients with alternative dispute resolution methods, including mediation and additional collaborative solutions.

Benefits of Collaborative Divorce

Collaborating on a separation agreement can be mutually beneficial to both parties by allowing them to avoid a long court battle, but there are numerous other advantages as well. Some of the reasons why collaborative divorce may be beneficial to divorcing couples include:

Gives you the ability to control the speed and timing of the divorce process
Reduces resentment and hostility between the two parties that often arise during divorce proceedings
Encourages communication and cooperation between you and your spouse during the divorce process and post-divorce
Allows you to control factors like child support, child custody, alimony, and property division rather than having a judge make those decisions for you
Emphasizes compromise and allows both parties to walk away from the marriage on mutually beneficial terms, as there are no winners or losers
Helps you begin a harmonious co-parenting relationship with your former partner
Allows you to keep the details of your personal life and marriage private rather than going on the record in court
Mitigates the risk of going to court over a divorce-related issue in the future since the terms of the divorce were negotiated in collaboration with your ex
Saves you precious time and money by avoiding long, drawn-out court battles and hefty legal fees
Allows you to end the marriage amicably and focus on the future rather than litigating issues from the past

Although some collaborative divorce processes can lead to litigation if settlement talks fall through or the two parties simply cannot agree on a certain issue, the majority of collaborative divorces lead to settlements because the two parties have a joint commitment to resolving divorce-related issues in a way that is acceptable to both spouses.

Contact a Virginia Divorce Lawyer Today

A collaborative divorce might be faster and more cost-effective if you’re considering a divorce in Virginia. Contact ROOP XANTTOPOULOS BABOUNAKIS & KLAM PLLC at 703-442-0040 to discuss your rights and legal options with one of our experienced divorce attorneys today.