Collaborative Law

A collaborative divorce is an alternative to litigation in which parties obtain a divorce with the assistance of their lawyers and other professionals without going to court. Collaborative practice provides you and your spouse or partner a team of professionals to support and guide you through the divorce process. Professionals such as financial specialists, child specialists, divorce coaches, and therapists are sometimes necessary to provide information and assistance to parties as they make difficult decisions regarding the many legal and complicated matters involve in a divorce. These professionals are introduced into the collaborative process on a as needed basis.

Attorney, Li-Shann Durst, specializes in Collaborative Practice in Loudoun, Fairfax, and Prince William Counties to achieve the best outcomes for clients.

Collaborative Law vs. Litigation

	COLLABORATIVE LAW	LITIGATION
Who Controls the Process?	You and your spouse control the process and make final decisions	Judge controls process and makes final decisions if no agreement
Degrees of Adversity	You and your spouse work in a respectful and open environment	Court is an adversarial process
Cost	Usually less expensive than litigation	Costs are unpredictable and can escalate rapidly
Timetable	You and your spouse create the timetable	Judge sets the timetable; often delays due to crowded court calendars
Use of Outside Experts	Jointly retained specialists provide information and guidance helping you and your spouse develop informed, mutually beneficial solutions	Separate experts hired to support each person's position, often at great expense to each
Involvement of Lawyers	Your collaborative lawyer works toward a mutually created settlement	Lawyers fight to win, often at great emotional and financial expense, but someone loses
Privacy	The process and discussions or negotiation details are kept private	Dispute becomes a matter of public record and, sometimes, media attention
Voluntary vs. Mandatory	Voluntary - process is outside of court	Mandatory if no agreement
Lines of Communication	You and your spouse communicate directly with the assistance and guidance of members of your team on how to communicate effectively	You and your spouse negotiate through your lawyers; no process designed to facilitate communication with your spouse

To find out more about Collaborative Law and to speak with a collaborative law attorney, call our Ashburn, VA office at (703) 443-4762 or Schedule a Consultation.

Watch our Video to Learn About Collaborative Law

What kinds of family law cases use collaborative law?

All family law issues can be resolved using collaborative law. These include divorce, separation, custody, parenting time, child support, spousal support and property matters.

In collaborative law, the parties:

Sign a collaborative participation agreement describing the nature and scope of the matter;
Disclose all information which is relevant and material to the matter that must be decided;
Agree to use good faith efforts in their negotiations to reach a mutually acceptable settlement;
Are represented by their own lawyer whose representation terminates upon the undertaking of any contested court proceeding;
May engage mental health and financial professionals whose engagement terminates upon the undertaking of any contested court proceeding; and
May jointly engage other experts as needed.

Core elements of the collaborative process

Negotiate a mutually acceptable resolution without having courts decide issues.
Maintain open communication and information sharing.
Create shared solutions acknowledging the highest priorities of the family.

Is the collaborative law method right for you?

Getting a divorce is no easy matter, but the collaborative divorce process goes a long way in creating a positive and supportive atmosphere in an otherwise negative situation. The collaborative approach may be beneficial in certain cases because the attorneys work together as a team, with other professionals, to help the parties come to agreement.

For example, a child specialist may be needed for children who are suffering from the devastating impact of their parents’ separation. The children may display signs of anxiety by harming themselves, acting out in school, or they may be suffering from severe depression. On the other hand, a parent may need the help of a divorce coach or other mental health expert if he or she is struggling with anger.

With the help of these experts, the family’s needs are prioritized and equal consideration is given to the parties. This team approach encourages cooperation and agreement.