Sometimes couples in Virginia have so much bitterness and rancor towards one another that they have no other choice but to litigate their divorce. However, couples going through a relatively amicable split may have options other than litigation to settle their divorce legal issues. One of these options is collaborative law.
Like litigation, in a collaborative divorce, both parties are represented by attorneys. However, the parties and their attorneys make an agreement that they will all work together to resolve their divorce legal issues. Other experts, such as accountants and therapists, can be consulted in the collaborative divorce process.
Once an agreement is reached, it will then go to a judge for approval and a final divorce decree. If some or all divorce legal issues cannot be agreed upon and must be litigated, then parties' original attorneys must bow out of the case and the parties are obligated to retain different attorneys. This gives all parties an incentive to make the collaborative law process work.
However, reaching an agreement through collaborative law is not always easy. It is very important that anyone going through a divorce understands how the law applies to their case and what their legal rights and options are. At Maddox & Gerock, we believe that many family law cases can be settled without having to resort to litigation. Alternative dispute resolution methods, such as collaborative law, can lead to a more satisfactory result for many. At the same time, we recognize that there will be cases where litigation is preferred to other forms of dispute resolution.
Therefore, a person in Virginia who is seeking a divorce will want to consider all the methods they have for doing so. A collaborative divorce can be very beneficial for some, while others may need to litigate their divorce legal issues. Our firm's webpage on collaborative law may help people who are seeking a divorce, and want to learn more about their options.