Divorce is a taxing process, both emotionally and financially. In appropriate cases, however, using collaboration rather than litigation may help make this difficult process easier for everyone involved. At Davidson & Kitzmann, PLC, in the appropriate case, we may recommend using the collaborative law process to resolve divorce issues and related matters.
What is Collaborative Law?
Collaborative law is a means of resolving divorce and related issues without litigation. Collaborative law creates a structured environment, similar to mediation, which may allow the parties to reach an agreement. The parties and their attorneys agree to discuss the issues without being contentious. The goal is to work out agreements relating to custody, support, and visitation, alimony, property division; and other family issues without going to court. In a collaborative divorce, if the process fails, both sides’ attorneys are required to be replaced. In either case, nothing you reveal during the process can be used against you in court later. Collaboration may offer many advantages, including:
- Control. In the traditional litigation system, you put essential decisions regarding your future into the hands of a judge who knows very little about you and your family. You know your family and your circumstances better than a judge; with collaboration, you have more control over the essential decisions.
- Cost. Collaboration can be less expensive than litigation. Litigation is an expensive battle. In litigation, each side has to file numerous expensive pleadings and other documents, go through extensive discovery and hire expensive experts. In Collaborative law, these expenses can be entirely avoided or minimized.
- Time. Judges are busy, and a litigated divorce may take many months, if not years. Collaboration does not rely on a judge’s calendar to set the pace of the process. Additionally, it does not require you to follow the traditional rules of litigation which can be time-consuming and inefficient. The divorce may proceed much more quickly through collaboration.
- Future relations. If you have children, you will likely need to continue to interact with your spouse for many years, addressing matters like child support, child custody and visitation. After fighting someone in a courtroom, future exchanges are likely to be more difficult than if you can resolve your differences in a civil and cordial manner.
With collaborative law, you make the decisions concerning your life and future.
If you would like to schedule a consultation call us today at (434) 972-9600 or contact us online.
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We are located in Charlottesville, but our lawyers handle cases in Charlottesville, Albemarle County, Greene County, Fluvanna County, Louisa County, Nelson County, Madison County, Orange County, Roanoke, Harrisonburg, Staunton, Waynesboro, Augusta County, and across Virginia.
Davidson & Kitzmann, PLC
211 E High St
Charlottesville, VA 22902
Phone: (434) 972-9600
Fax: (434) 220-0011
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