As members of the Northern Virginia community, we are all too well aware of the “Fork in the Road” email that was sent to nearly all federal government employees from the Office of Personnel Management (OPM) on January 28, 2025. While for most the initial thought would go to those federal government employees who received the message and were forced to make a significant and difficult decision within a relatively short period of time, I suspect that experienced family law practitioners who are wired to view these issues through a different lens eventually thought about how such a decision may impact the financial arrangements surrounding separated and/or divorced families. For instance, how will Courts treat modification and enforcement proceedings for individuals operating under existing Support Orders who opted to take the early resignation? What will the Courts do with people who do not accept the buyout, only to be terminated without the extended compensation offered to those who agreed to an early resignation by the deadline provided? What if those who resign early do not actually receive all of the benefits offered to them by the Fork in the Road email from OPM? How would all of this impact negotiations for parties who have not yet reached an agreement for a path forward?
The last question I believe brings about one of the many unique benefits that parties are afforded when they agree to participate in Collaborative Law. Parties are already experiencing high levels of stress and emotion while they are going through a separation, especially when there are minor children involved, without the added complications associated with being forced to make the difficult decision that was presented to a great deal of federal government employees. Through Collaborative Law, the parties would have the benefit of a Professional Team in place that based on the objectives provided to them by both parties was focused on trying to find the best options that would maximize the possibility for the entire family to succeed in the future. As opposed to in litigation or other forms of alternative dispute resolution, a party in the Collaborative Law process receiving such an email could feel assured that they could share their feelings in a safe environment as they would know that their spouse’s lawyer was not trying to leverage their fear relating to this decision in an effort to obtain a better outcome for their client. The parties could have an honest and open discussion about the best path forward for their family, and reach a decision together with the assistance of their Professional Team. If the parties have already divorced utilizing the Collaborative Process and are now facing this issue, they would be able to reconnect with their Team of Collaborative Professionals to try to navigate the issue together, with the benefit of already being familiar with each other.
While the stress caused by difficult decisions such as the one facing federal government employees would only be compounded for already divorced or currently separated parties, the Collaborative Law process seems like a natural fit for families to try to address the issue in a healthy manner. If you are interested in exploring the benefits of the Collaborative Process and whether this is the best process for you, do not hesitate to reach out to one of the CPNV Collaborative Professionals.