Family Law

Divorce

If you are facing a divorce or are in the middle of a heated custody battle, you know all too well the complexities which plague family courts and arbitration attempts. It is difficult to come to terms with another party when it involves children or the division of assets. An experienced family law attorney can help negotiate for your best interests and ensure that your property or family time is well protected.

Divorce is a difficult time in anyone’s life and often involves months of meetings, negotiations, and court visits. However, collaborative law now offers parties the ability to easily resolve conflicts and disputes without heading to court. Court fees alone are enough to encourage couples to negotiate on their own, but collaborative law and collaborative divorce allows parties to create a lasting agreement without court intervention. If you are interested in collaborative divorce, contact an experienced family law attorney.

Divorce Proceedings

Divorce proceedings are often emotionally charged and can be difficult to resolve. Divorce within Virginia must also meet several important factors before a court will consider granting the divorce. These grounds for divorce include the following:

  • No fault divorce: the spouses have lived separate and apart for one year with minor children
  • No fault divorce: the spouses have lived separate and apart for 6 months if no minor children are involved in the divorce proceedings
  • Fault based divorce: Adultery occurred within the past 5 years without the other spouse’s knowledge and consent, and the spouse ceased living with the adulterous spouse after learning of the adultery
  • Fault based divorce: Conviction of a felony
  • Fault based divorce: One spouse leaves home without intent to return
  • Fault based divorce: One spouse has physically or emotionally abused the other spouse

Collaborative Divorce

Collaborative divorce offers parties the same advice and guidance from attorneys without the added necessity of going to court. Attorneys and specialists work together to create an agreement between both parties without the interference of court.

Collaborative law allows two parties to negotiate an agreed-upon settlement without the court and this agreement will continue to help the relationship continue past the divorce. Collaborative divorce is a great option for parties who are going into a divorce with children. Since they will have to continue to negotiate on a near daily basis regarding their children, the parties can begin their divorce proceedings with an agreed upon settlement.

The ability to come to an agreement outside of court is a vital tool for all divorce proceedings. Court costs continue to rise and divorce proceedings are not cheap when parties cannot agree. Coming to amicable terms not only saves you time and money, but also the frustration of going through court proceedings and having the court decide an outcome that you may not agree with. Negotiating an agreement with your former spouse allows you to give and take, rather than lose all ability to negotiate.

During collaborative law proceedings, both parties sign a Collaborative Divorce Participation Agreement in which the parties promise not to go to court during negotiations. If parties cannot agree during a collaborative law proceeding, the attorneys who represent both parties during the negotiations can no longer represent these parties if the divorce goes to court. Collaborative law allows parties to focus on the important aspects of a divorce and develop a working relationship, rather than argue over items that are inconsequential. Collaborative law allows former spouses to work together to come to an agreement which will last for years to come.