Collaborative Divorce in Virginia Beach

A divorce in Virginia Beach handled in the traditional way begins with a lawsuit and is usually followed by multiple court appearances.   There may also be a long, expensive process of discovery where documents and evidence are collected by each side.  If there is a trial, the final outcome of the divorce is placed in the hands of a judge, usually after many months and thousands of dollars spent by each side.

Alternatives to a traditional divorce

Fortunately, there are other ways to end a Virginia Beach marriage than the long, expensive process described above.  A process called Alternative Dispute Resolution (ADR) allows couples to solve their differences in a less-combative manner.  Two popular forms of ADR are mediation and collaborative divorce.

Mediation

During this process, Virginia Beach couples meet with a neutral mediator who does not give legal advice, but helps the parties settle one or more issues related to divorce.  Typically, each spouse consults with his or her own divorce attorney throughout the mediation process, but not during the actual sessions with a mediator.

If and when mediation is successful, the mediator drafts the agreement that was reached, which next goes to each party and their attorneys (if there are any) for review.  In order to become legally binding, the agreement must be re-drafted and presented to a judge, who enters a final judgment.  Before this happens, though, either party can change his or her mind, reject the agreement, and litigation may begin.

Collaborative divorce

The main difference between mediation and collaborative divorce is that the latter is designed to prevent the agreement from collapsing and the couples from engaging in litigation.  To do this, the Virginia Beach collaborative lawyers representing each party sign an agreement pledging that, if the parties decide to litigate the divorce (being an agreement is not reached during the negotiations), they will step aside.   The parties must start from the beginning and hire new attorneys.

Another main difference between collaborative divorce and mediation is that the collaborative lawyers are present during negotiations.  This provides each spouse with the comfort of knowing they are negotiating with full knowledge of the law.

Contact Stallings and Bischoff, P.C., for help with divorce in Virginia Beach

The ADR methods of mediation and collaborative divorce offer couples more amicable ways to end their marriage than a traditional, litigated divorce.  When you schedule a consultation with our law firm, we can discuss your case and decide if either of these processes is appropriate for your situation.  If necessary, our lawyers can also assist you with meditation or collaborative divorce in Virginia Beach.