What is the collaborative divorce process?

Collaborative divorce is a process that involves both spouses working together to reach a mutually beneficial separation agreement outside of court. It is a growing alternative to traditional divorce litigation in Virginia and elsewhere. The collaborative divorce process begins when both spouses agree to participate in the process. The couple meets with their respective attorneys and other professionals, such as therapists or financial advisors, who are able to provide guidance, insight, and advice. The professionals are all committed to the collaborative process and will not be involved in any court proceedings. During the process, spouses and their attorneys will identify the issues that need to be addressed, and they will work cooperatively to reach an agreement on those issues. The spouses will also have the opportunity to explore ways to settle the divorce that are tailored to their family’s needs. This could include discussing parenting plans, spousal and child support, division of assets and liabilities, and any other issues that need to be resolved. The collaborative process allows the spouses to maintain control of the decision-making and create an agreement that is in their best interests without involving the court. Once an agreement is reached, the lawyers will draft a formal marital separation agreement that must be approved by the court. The attorneys must then file the agreement in the appropriate court in order for it to be legally binding. By utilizing the collaborative process, the spouses can obtain a divorce and avoid the costs and stresses associated with a traditional courtroom divorce.

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