What is collaborative divorce law?

Collaborative divorce law is a process for two parties to come to a divorce agreement with the assistance of their own attorneys and, in some cases, other professionals, such as counselors and mediators. Rather than relying on court-ordered rules and procedures, collaborative divorce law allows the two parties to retain control over the outcome of the divorce process. In Virginia, the state legislature passed the Collaborative Process Act in 2009 to promote the use of collaborative divorce law. The law has several key components, including the establishment of a “safe space” in which the parties and their attorneys can engage in a professional environment. Additionally, both parties must agree to be open and honest with each other and to use the process to seek out a resolution that is mutually beneficial and satisfactory, rather than pursuing a win-lose approach. The collaborative process can also involve other professionals, such as financial advisors, communication mediators, and child specialists. By utilizing such resources, the parties and their attorneys can work to identify potential solutions, develop an agreement tailored to their unique needs, and resolve the divorce in a respectful and amicable manner. In addition, the collaborative process can provide the parties with closure in order to move forward with their lives.

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