Collaborative Law

There’s a Better Way to Resolve Conflict

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

What Is A Collaborative Divorce?

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.

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 mutually acceptable resolutions 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.

To find out more about Collaborative Divorce in Loudoun County, VA and to speak with a collaboratively trained attorney, call our Ashburn, VA office at (703) 443-4762 or Schedule a Consultation.