CPNV Admin

By Christine Hissong, Esq.

            Separation and Divorce, custody, child support, and spousal support disputes are all emotionally charged situations.  The traditional court process exacerbates the fear, loss, and financial destruction often experienced during these difficult disputes. The Collaborative Process was born from the recognition that families need a supportive process that promotes peaceful and balanced resolution.  The foundation of the Collaborative Process is stability, respect, cooperation, and mutually satisfactory resolution.  The Collaborative Process is most effective, and the greatest benefits are realized when there is trust. -  Trust The Process. 

            Trust That Your Professionals Have Your Best Interests at Heart. 

            Your Collaboratively trained professionals are dedicated to the principals of the Collaborative Process.  They are trained to work together for the parties’ mutual benefit.   This is different from any other dispute resolution process. 

            In its most basic form, the Collaborative Process requires that each party has their own attorney.  It is important to understand that there are tasks that must be done.  For example, when parties have a house or other assets or debts, the parties need financial information collected, reviewed, analyzed, and prepared for use in the Process. They want to be sure that they have all the information they need and that they understand that information in order to make good decisions.  When parties have children, they need a workable parenting plan which takes into consideration any special needs or circumstances of the children and the parents.  When emotions threaten their progress, the parties want and need to talk through their thoughts and feelings.  They need to feel supported and heard.

            Your Collaboratively trained attorneys give legal advice, empowering you with information.  They support your decision making and power of self-determination while working with you to ensure that you choose an outcome that is viable and sustainable.

            Your Collaboratively trained neutral financial expert works directly with you, helping you to see and understand your financial picture both now and in the future, helping you to be confident in your decision making.

            Your Collaboratively trained Divorce Coach or Child Specialist guides you in the creation of your plan for your children, sharing valuable information that they bring to the process from their vast experience working with families as professional therapists and counselors.  They keep the case moving forward by supporting each party’s emotional health and wellbeing. 

            If there are only attorneys involved, all of these tasks fall to the attorneys.  When we add the other Collaborative professionals, the parties have the best trained and the most competent professionals working on the tasks for which they are uniquely qualified.  Ultimately, by moving these tasks from the attorneys to the other professionals, the Collaborative Process is more efficient and cost effective—Trust The Process. 

            Trust that the Process is Economical. 

            There is often a misconception that the Collaborative Process is more costly than litigation, particularly when considering the addition of other Collaborative Professionals. 

            Collaborative cases typically resolve much more quickly than litigated cases.  In a litigation, the case is not completed with the trial.  There is much to do post-trial, all of which translates to ongoing attorney fees.  Many people do not realize how much work and time it takes to prepare a case for trial or even for a short hearing.  A thirty minute hearing may take hours and hours of preparation.  These are just a couple examples of why the Collaborative Process is much more cost effective than litigation. 

            As previously mentioned, the use of neutral, financial experts, coaches, and child specialists on our teams helps to control costs.  In the Collaborative Process, the other professionals are neutral and support both parties.  In litigation, each party pays and retains their separate professionals to help them prepare their case and then to testify on their behalf.  The cost of having separate experts is significant and is often not a cost that a party can bear, which means that a party may ultimately have to forego the support of an expert. 

            The emotional and psychological costs of family disputes are significant.  The Collaborative Process is designed to reduce these costs by fostering a more respectful and cooperative environment.  The use of coaches in the process helps to mitigate these expenses and provides an indirect financial benefit. – Trust the Process.

            Trust that the Process is Timely and Efficient.

            In the Collaborative Process we are mindful of balancing the needs and expectations of the parties, and the speed of the process is one aspect that people experience differently.  The cooperative, team-based approach facilitates quicker decision making and quicker resolution, however, we also have the flexibility to cater to the unique circumstances of the individuals. 

            In the Collaborative Process, the professionals unite to move the parties forward, and we make the best use of resources to help the parties achieve the goal of a mutually satisfactory resolution in a timely manner.  – Trust the Process. 

            Trust that the Collaborative Process is designed as a safe and effective alternative to litigation, trust that your professionals want the best for your family, and you will then experience the true value of the Process. 

            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. 

By Alex Xanttopoulos

Divorce is often portrayed as a battleground where couples fight tooth and nail for their interests. However, there's another approach gaining traction: collaborative divorce. This process emphasizes cooperation and mutual respect, aiming to find solutions outside of court. While collaborative divorce offers many benefits, it's not without its challenges—especially when clients come in with unrealistic expectations. As a lawyer navigating these waters, it's crucial to address and manage these expectations effectively.

Understanding Collaborative Divorce

Collaborative divorce is a non-adversarial approach to resolving disputes, where both parties work together, often with the support of legal and mental health professionals, to reach agreements that serve their mutual interests. Unlike traditional litigation, it encourages open communication, transparency, and creative problem-solving.

Some clients perceive collaborative divorce as a magic bullet that guarantees a swift and amicable resolution to all issues. While collaboration fosters cooperation, it doesn't erase the complexities inherent in divorce. Delays, disagreements, and emotional hurdles are still part of the journey.

Divorce is emotionally taxing, and collaborative divorce is no exception. Clients may underestimate the emotional toll of the process, expecting it to be smoother and less stressful than it often is.

The Pitfalls of Unrealistic Expectations

In collaborative divorce, setting realistic expectations is paramount for success. However, some clients enter the process with sky-high hopes or misguided beliefs about how things will unfold. These expectations can stem from various sources, including friends' experiences, misconceptions about the process, or emotional distress.

Clients may have an idealized vision of the outcome, expecting to walk away with everything they desire—from child custody to financial assets. However, divorce settlements require compromise, and achieving a win-win scenario often means letting go of some expectations.

As lawyers, it's our responsibility to guide clients through the collaborative divorce process while managing their expectations effectively. Here are some strategies to navigate this delicate balance:

1. Establish Realistic Goals:

From the outset, have frank discussions with clients about their goals and the likely outcomes. Help them understand the legal framework, potential challenges, and areas where compromise may be necessary.

2. Educate About the Process:

Provide clear explanations of how collaborative divorce works and what it entails. Address any misconceptions upfront and emphasize the importance of active participation, honesty, and respect throughout the process.

3. Foster Open Communication:

Encourage clients to express their concerns and questions openly. Create a safe space where they feel heard and supported. Facilitate communication between both parties, fostering a collaborative atmosphere.

4. Manage Emotions:

Acknowledge the emotional aspect of divorce and provide resources for emotional support when needed. Help clients separate their emotions from the legal process, ensuring they make decisions based on reason rather than impulse.

5. Prepare for Alternatives:

Despite best efforts, some cases may not proceed as planned. Prepare clients for the possibility of transitioning to traditional litigation if collaborative efforts falter. Assure them that regardless of the path taken, their best interests remain the priority.

Collaborative divorce offers a promising alternative to traditional litigation, promoting cooperation and empowerment for divorcing couples. However, unrealistic expectations can pose significant challenges along the way. By fostering open communication, managing emotions, and providing realistic guidance, lawyers can help clients navigate the complexities of collaborative divorce with confidence and resilience. Ultimately, it's about guiding clients toward a resolution that not only addresses their legal needs but also lays the foundation for a positive post-divorce future.

You’ve signed the Collaborative Participation Agreement.  You’ve had several sessions with your collaborative attorneys, financial neutrals, and child specialists.  You’ve come to a complete agreement that, miraculously, you and your spouse are both actually, mostly, happy with.  The assets have been divided, support has been resolved, and a custody schedule is in place.  So…now what?  How does the whole divorce thing happen?

The good news is, once you have gone through the collaborative process and come out the other side with a signed settlement agreement, the hard part is over.  The next steps are pretty simple, and do not involve actually having to set foot in a courtroom.

First, your lawyer will prepare a simple complaint for divorce.  The complaint will set forth the grounds for divorce required by Virginia statute (most likely separation for the requisite period of time) and note that the parties have a settlement agreement resolving all issues arising from the marriage.  Then, your spouse’s lawyer will have the opportunity to file an answer, most likely simply admitting all facts in the complaint.  One party will sign an affidavit, also prepared by his/her collaborative attorney, swearing that the parties have in fact been separated for the requisite time and desire to have the divorce entered.  Last, both attorneys will prepare and sign a Final Order of Divorce incorporating all of the terms of the settlement agreement and including certain statutory notices to allow the Court to finalize the divorce.

Once all of the paperwork is done, your collaborative attorney will submit all of the paperwork to the Court for entry of the Final Order of Divorce.  Once the Order is entered (meaning a judge has signed it)…you are officially divorced! 

By Patrice B. F, Garver, PhD

On February 20, 2024, the CPNV monthly membership meeting and training addressed the topic of triggers that professionals can experience within the collaborative process, presented by Stephanie Smith, Esq., Sarah Goding, Esq., Lynn Hawkins, Esq., and Natalie Goldberg, LCSW.  The presentation provided scenarios and role-playing of situations within the collaborative process that can present as triggers for us as professionals.

Examples of triggers in the collaborative process included such scenarios as when one team member might demonstrate dismissive comments and responses to the team.  Another situation can be controlling behavior of a team member or a client’s behavioral history can be triggering – in the example of committing adultery. There were other topics shared that provided examples of personal triggers that might sometimes stir up personal bias and/or discomfort.  The training also discussed strategies and different ways to handle and manage our reactions when we are triggered.

We were referred to a very informative resource book called “How We Can Stop Reacting and Start Healing: Triggers” by David Richo.

This helpful book is a great resource for collaborative professionals, but also a good resource for our clients. David Richo examines the neuroscience of triggers, the influence of our childhood experiences, and our emotional reactions that can be anger, fear, shame, and sadness. The author provides insight in helping us to understand our response and identifying our mind-body reaction, then helps us to develop strategies, resources, and “tools” to manage these big reactions, stay calm under pressure, and hopefully feel more in control or more able to respond under stress and when triggered.

One specific tool that the author addressed was naming the triggers. This helps us to discern between what happened factually from what impacts us personally. The author suggests things like making a list of our repeated triggers that lead us to look out for them and to have a plan to deal with them. This way, we can make a conscious response rather than react. We can also note our triggers in a journal and our usual reactions. With the language and caveat that in life “this can happen to anyone, and I have many options how I can respond.”

Another tool is to become aware of two reactions we might have to a trigger.  The author notes one is a runaway reaction and the other is a moving toward behavior in a grasping or controlling way. Just becoming aware of these two reactions can lower the tension and help us to regroup and address the situation more productively.

Regarding our neurobiology, Richo notes that triggers can create hyperarousal, which affects cortisol and adrenaline in our bodies resulting in “brain negativity.” In this heightened state, it is hard for us to access logical inner resources and hard to self-regulate. It emphasized how important it is to be more aware of our body reactions. Relaxation techniques can be useful interventions: for instance, using a deep breathing response.

I found another meaningful tool that the author notes is to trust our “inner healthy voice.” This voice advocates for us and is not self-critical. We also should access the voice of reason and encouragement, and it builds self-esteem. Richo equates this self- message to our kindly aunt or uncle that talks to you in supportive comforting way showing understanding rather than the message to rebuke ourselves for moments of weakness.  In addition, this self-advocacy voice and self-talk replaces messages of saying the worst will happen with a message “I have it in me to handle whatever happens.”

Another cognitive tool that the author notes is that indeed, it is human to take things personally, when they are aimed at us that way, and we are triggered. Richo notes that “a healthy practice is to feel our grief about how someone has hurt or offended us to say “ouch“ and validate those immediate feelings will help us to shift and move on.

“Triggers” by David Rico provides a clear understanding of our personal Triggers, how to handle them, and is a great resource for collaborative professionals as we navigate this challenging work and our life challenges.

In the ever-evolving landscape of legal practice, the pursuit of efficient, amicable, and cost-effective dispute resolution methods has become increasingly paramount. Traditional litigation, while effective in certain scenarios, can often be time-consuming, adversarial, and financially burdensome for parties involved. Recognizing the need for alternative approaches, the American Bar Association (ABA) has approved the Uniform Collaborative Law Act (UCLA) in promoting the Collaborative Divorce Process.

At its core, the Collaborative Divorce Process emphasizes communication, cooperation, and creative problem-solving. Parties, along with their attorneys, and often Coaches, Financial Neutrals and other professionals, engage in a series of face-to-face meetings and negotiations aimed at reaching mutually acceptable solutions. Unlike traditional litigation, where outcomes are often imposed by a judge, the Collaborative Divorce Process empowers parties to craft agreements tailored to their unique circumstances, fostering a sense of ownership and satisfaction with the resolution.

The ABA's approval of the UCLA underscores its commitment to promoting innovative and client-centered approaches to dispute resolution. By embracing the Collaborative Divorce Process principles, the ABA acknowledges the importance of empowering parties to maintain control over the outcome of their disputes while minimizing the emotional toll and financial strain associated with prolonged litigation.

For practitioners who practice the Collaborative Divorce Process, the ABA's recognition of the UCLA serves as a validation of the legitimacy and value of the Collaborative Divorce Process as a viable alternative to litigation. It encourages attorneys to explore collaborative approaches in their practice, equipping them with the tools and resources necessary to effectively navigate the Collaborative Divorce Process and advocate for their clients' interests in a collaborative setting.

Furthermore, the ABA's endorsement of collaborative law can have far-reaching implications beyond the legal profession. By promoting a culture of collaboration and consensus-building, the Collaborative Divorce Process contributes to a more harmonious and equitable society. It empowers individuals to resolve conflicts in a manner that preserves dignity, fosters understanding, and promotes long-term cooperation.

In conclusion, the ABA's recognition of the Uniform Collaborative Law Act represents a significant milestone in the advancement of alternative dispute resolution. As attorneys continue to embrace the Collaborative Divorce Process, the future of dispute resolution holds promises for a more collaborative, equitable, and resilient legal system.

Let’s face it – discussions about prenuptial agreements can sometimes turn what is supposed to be a happy and blissful engagement into a stressful and anxious time. Many individuals do not like to broach the topic of prenuptial agreements with their partner for fear that their partner will be hurt or upset at the idea. When most people think about negotiating a prenuptial agreement, the collaborative process is not top of mind, but it can be very well suited for couples trying to reach a prenuptial agreement.

For one thing, the collaborative process is goal and interest oriented. This means that the couple can come to the table (often literally) and express to one another what their goals and expectations are for marriage or in a potential, and hopefully unlikely, divorce. The couple is supported in these discussions by a team of professionals, which may include a collaboratively-trained mental health professional. These professionals are able to guide the couple through the process from both a legal and emotional perspective.

The collaborative process also provides a forum for open and honest discussion between the couple about their expectations in a marriage with regard to some difficult topics, such as management of finances, each of their financial positions and responsibilities coming into the marriage, as well as raising and supporting children. Traditional negotiations of a prenuptial agreement often place the couple in adversarial positions, which is not ideal for two partners who want, and likely need, to work together as a married couple in the near future. While there may be subjects on which the couple disagrees regardless of the process they use, in the collaborative process, the team approach can assist in alleviating the adversity that may rear its ugly head in traditional settlement negotiations involving a prenuptial agreement.

If you and your partner are considering a prenuptial agreement, you should speak with a collaboratively-trained professional to ascertain whether the collaborative process may be right for you.

Jenna Hayba is a collaboratively-trained attorney in Northern Virginia working with Curran Moher Weis, P.C. She is currently on the Board of the Collaborative Professionals of Northern Virginia. She is also a member of the state-wide collaborative practice group, Virginia Collaborative Professionals. Jenna’s practice focuses solely on domestic relations matters, including those involving divorce, custody and visitation, spousal support, child support, equitable distribution, adoption, and prenuptial agreements.

In October 2023, I had the privilege of gathering in Toronto, Canada with collaborative professionals from around the world for the Educational Forum presented by the International Association of Collaborative Professionals. 

            David Hoffman, a Boston attorney who teaches at Harvard Law School, presented to us about the Internal Family Systems Model, which is a tool collaborative professionals can use to examine why parties may get stuck when trying to reach a settlement and to help them move forward.

            The Internal Family Systems Model recognizes that people are made up of multiple “parts” and that those parts arose from their unique life experiences to meet their needs and protect them.  There are no bad parts, but sometimes a party’s parts may be in conflict, causing the party to feel ambivalent.  An example of this is a party who wants to settle but at the same time resists settlement and wants to go to court.  Part of the party may want the peace, certainty, and cost savings that will result from settlement, but another part of the party may want vindication and their day in court. 

            It is normal for a party to feel ambivalent or stuck during the collaborative divorce process. The job of the professionals on the collaborative team is to help the party get to the root of why they are feeling ambivalent; to understand which internal parts of them are in conflict; and, to help the party reconcile their own internal conflict, so they can make decisions and confidently move forward toward resolution.  The professionals on your collaborative team can provide the compassion and support you need to make the decisions that are right for you and your family.

Cynthia Radomsky is a Northern Virginia family law attorney who sits on the Board of the Collaborative Professionals of Northern Virginia, which is the local Northern Virginia practice group, and who is the current chair of the Virginia Collaborative Professionals (“VaCP”), which is the state-wide group of collaborative professionals.

Can you trust that you know everything you need to know about the family’s accounts and debts?  Can you be sure that your spouse’s attorney will have your spouse give you any information that you are missing?  Will you receive the missing information without depleting your financial resources?  In the Collaborative Process, the answer to each of these questions is yes. 

         The Uniform Collaborative Law Act provides that during the Collaborative Law process, when a party requests, the other party must make a full, candid, and informal disclosure of information related to the Collaborative matter, and the disclosure must be updated if the information materially changes during the process.  This requirement ensures that both parties have all the information about the family’s assets and debts that they need to make decisions.  Further, the parties’ Collaboratively trained attorneys support the parties in their requests for and disclosure of information. 

         When the Collaborative team includes a Financial Neutral, the parties work directly with the Financial Neutral, independent of their attorneys, to compile information and collect documents, which the Financial Neutral uses to prepare schedules of assets and debts.  The Financial Neutral also uses this information to help the parties create budgets for themselves and their children.  The Financial Neutral then presents the parties’ financial picture to the attorneys.

         This requirement for sharing information in the Collaborative Process benefits the parties in numerous ways, including:

• Having peace of mind, knowing that they have all the information they need;
• Being secure in the fact that their spouse’s attorney will honor the requirement of disclosure;
• Saving money by working with a Financial Neutral to create the financial disclosure as opposed to having the attorneys gather, analyze, and present the information to the team; 
• Avoiding the significant expense of the formal discovery process that occurs in litigation; and
• Obtaining all the information you need without having to appear in court.

Christine Hissong is a Collaboratively trained attorney, who represents her divorcing clients in the Collaborative Process; a Certified Mediator, who serves as a neutral, helping client resolve their family law matters; and a Conflict Coach, partnering with her clients to help them develop conflict intelligence and manage conflict. 

One of the first steps in every Collaborative Case is to determine who will be a member of the professional team in your case.  When putting together a Collaborative team, the only requirement is that each party have an attorney.  Although the attorneys are trained to work Collaboratively and will work to find win-win solutions for your family, each of you must have your own attorney.  The attorneys will provide legal advice and explain the pros and cons of potential settlement options.

In addition to the attorneys, the most common professionals on Collaborative teams are a financial neutral, coach(es), and/or a child specialist.   In certain circumstances, other professionals may be necessary to address specific issues in your case, and in such a situation, your professional team will help you find the appropriate professional/expert.

Financial neutrals gather and explain financial information for the entire team.  Often, they also provide cash flow projections and analyze the value of settlement options.

With regard to coaches, there are one-coach and two-coach team models.  If the team has one coach, this coach will be neutral, and will assist both parties.  If there are two coaches, one coach will be aligned with each party.  Coaches help develop parenting plans, facilitate and improve communication between the parties, and manage emotions in meetings and negotiations.

Child specialists can be used to bring a child’s voice into the Collaborative Process in a healthy manner.  Child specialists are mental health professionals who are trained to work with children, and to elicit information regarding potential custody options and scenarios from children in a neutral and minimally intrusive manner.

Every team is designed to address the facts and circumstances of your case in the most efficient manner.  At the outset of your case, the parties and their attorneys will determine which additional team members will be helpful, and everyone will weigh the costs versus the benefits of adding team members.  In many cases, the additional upfront out-of-pocket costs to retain an additional team member is worthwhile given the benefits derived from having the professional resources to address the circumstances of your case more efficiently and developing settlement options that more closely meet the needs of your family.

Authored by: Jordan P. Egert, CPA, CFE, CDFA ® and Abbie M. Niehoff, MPS, CFP®, CDFA®

The SECURE 2.0 Act of 2022 (SECURE 2.0) was included as part of the Consolidated Appropriations Act, 2023 passed on December 23, 2022. This act primarily focuses on the substantial improvement to retirement savings options – expanding on the initial SECURE Act passed in 2019. The Act contains 92 new provisions and many of them can impact divorcing parties financial decisions, both short and long term. Without an understanding of the full bill many spouses could end up agreeing to options that may not be as equitable, fair, or meaningful.

In reviewing the SECURE 2.0, we have identified several key issues to be aware of when working through divorce proceedings. These items are not all encompassing, but are several to be familiar with.

1. Required Minimum Distribution (RMD) age. Beginning in 2023, Secure 2.0 Act increased the RMD age to 73 (from previous age of 72). Beginning in 2030 the RMD age will increase again to age.
   
2. Designated Roth Accounts Starting in 2024, employer retirement plan Roth accounts (401k or 403b) will no longer be subject to RMDs. This provides individuals with a longer window before being required to take distributions from tax-advantaged retirement accounts, allowing for potential tax free growth of retirement savings.
   
3. Catch-up Retirement Contributions.
   1. Currently, those aged 50 and above can contribute an additional $7,500 as a catch-up contribution to their employer-sponsored retirement plans. Under the Secure 2.0 Act, catch-up contribution limits will be indexed for inflation and allow for continuously increasing. Furthermore, starting on January 1, 2025, individuals between the ages of 60 and 63 will be able to make catch-up contributions of either $10,000 annually or 150% of the standard catch-up contribution limit for 2024. This provision would enable individuals in that age bracket to boost their retirement savings beyond the standard contribution limits. This provides an excellent opportunity for spouses to aggressively fund up and/or repair their nest egg for retirement.
      
   2. Starting in 2024, individuals making over $145,000 per year are only allowed to make catch-up contributions as an after-tax Roth contribution.
      
4. Matching Roth Contributions Employers now have the option to match Roth contributions, providing individuals with the opportunity for tax-free savings and growth during retirement. Previously, employers were only allowed to match pre-tax contributions.
   
5. 529 College Savings Accounts Starting in 2024 beneficiaries of 529 college savings accounts are permitted to rollover $35,000 over their lifetime to a Roth IRA in their own name. There are a few specifics worth mentioning when it comes to this change: (1) the 529 must have been open for 15 years, (2) the rollover is subject to the Roth IRA annual contribution limits which is currently $6,500, (3) contributions made in the last 5 years, including the corresponding earnings, and not eligible for the tax-free transfer, and (4) the individual must have earnings at minimum equal to the amount of the rollover.  This is a great planning tool as once rolled into a Roth IRA it can potentially be distributed tax free, even before retirement age.

Careful attention to current and pending regulation impacting retirement assets is imperative, as they can materially change expected retirement values, division of the marital estate, support considerations, and future available resources. Assumptions and projections must be adjusted accordingly when evaluating options following the changes enacted by Secure 2.0. Individuals now have the opportunity to grow more tax-free retirement, tax-deferred retirement, and utilized funds in a more tax efficient manner then previously availed. Overall, the changes brought about by Secure 2.0 present greater opportunities for individuals to prepare for and enter into retirement. 

Jordan P. Egert, CPA, CFE, CDFA ® is a collaborative financial neutral and expert, at Councilor, Buchanan & Mitchell servicing the D.C., Virginia, and Maryland regions and beyond. His expertise lies in assisting attorneys, spouses, and other divorce related professionals make well- informed financial decisions that impact today, tomorrow, and beyond.

Abbie M. Niehoff, MPS, CFP®, CDFA®  is a collaborative financial neutral and expert at Councilor, Buchanan & Mitchell servicing the D.C., Virginia, and Maryland regions. Her specialty lies in assisting individuals, couples, attorneys, and other divorce related professionals navigate the complex financial implications of divorce. She helps educate and empower her clients to make well informed decisions and achieve mutually agreeable settlements during the divorce process.

Debunking the myth that Collaborative Divorces are More Expensive than a traditional divorce

When it comes to divorce, many people assume that going to court and hiring a litigator is the only way to go. However, there is another option: collaborative divorce. Unfortunately, some people believe that collaborative divorce is more expensive than litigation. This is simply not true. Here's why.

1. No court fees

One of the biggest reasons that collaborative divorce can be less expensive than litigation is that there are no court fees. In a litigated divorce, the parties are required to pay various court fees, which can add up quickly. These fees can include filing fees, court reporter fees, and other expenses. With collaborative divorce, the parties are working together to reach a settlement, so there is no need to go to court and incur these costs.

2. More efficient process

Another reason that collaborative divorce can be less expensive than litigation is that it can be a more efficient process. In a litigated divorce, the parties are required to follow the court's schedule and timeline, which can be lengthy and time-consuming. With collaborative divorce, the parties work together to negotiate a settlement, which can be done on their own timeline. This can help to speed up the process and ultimately reduce the overall cost.

3. Reduced legal fees

While there are some expenses associated with collaborative divorce, such as the cost of hiring a collaborative lawyer, these costs are often lower than the cost of hiring a litigator. This is because the process is less contentious and less time-consuming, which can result in lower legal fees. Additionally, in a collaborative divorce, the parties are encouraged to work together to find solutions, which can help to reduce the amount of time their lawyers need to spend on the case.

4. Focus on problem-solving

Collaborative divorce also puts a greater focus on problem-solving than litigation does. In a litigated divorce, the focus is often on winning at all costs, which can lead to lengthy court battles and higher costs. In a collaborative divorce, the focus is on finding solutions that work for both parties, which can help to reduce the overall cost of the process.

In summary, collaborative divorce is not more expensive than litigation. In fact, it can often be less expensive due to reduced court fees, a more efficient process, reduced legal fees, and a focus on problem-solving. If you're considering divorce, we encourage you to explore the option of collaborative divorce and speak with a collaborative lawyer to learn more about how this process can work for you.

Authored by Sara Schuler, Esq.

Collaborative Divorce is an excellent process for most people going through a divorce, but there are things you should know before starting. The Collaborative Process utilizes a team-based approach which focuses on what is best for the couple or family as a whole.  In a traditional divorce, whether it be by mediation, traditional settlement negotiations, or litigation, the focus can be on trying to obtain as much as possible in your “column” without focusing on the bigger picture of what would be the best solution to benefit the entire family.

What you should know about Collaborative Divorce before you start:

1. The Collaborative Divorce Process is guided by statute in Virginia, specifically, Virginia Code Section 20-168 (Uniform Collaborative Law Act), so there are specific rules that the parties and professionals need to follow.
2. You enter into a binding agreement called the “Collaborative Participation Agreement”, which expresses the parties’ intention to resolve the divorce matter without litigation, and sets forth the rules for the Collaborative Process.
3. All communications throughout the Collaborative Process are confidential, unless otherwise agreed to by the parties (or unless a specific exception in the statute applies).
4. Both parties agree in the Collaborative Participation Agreement that they will voluntarily provide full disclosure of all relevant information, without the need to go through the formal discovery process, as if in litigation.
5. You have the ultimate right to confidentiality for anything that you disclose to your attorney.  However, if you exercise your right to confidentiality regarding something that is relevant to the process, and the attorney feels that it should be disclosed, the attorney will not disclose that information, but will need to withdraw as your counsel.
6. If either attorney discovers that there has been a history of family abuse, they will not begin or continue a Collaborative case unless they believe that the safety of the party can be adequately protected during the process.
7. The Collaborative Process may be terminated at any time by either party, upon reasonable notice, as outlined in the Uniform Collaborative Law Act.
8. The Collaborative Process is also terminated upon the filing of a pleading with a court related to the matters set to be resolved between the parties.
9. Your Collaborative Lawyer may not represent you in litigation if the Collaborative Process terminates.  However, they may represent you in the event that there is an emergency matter that needs to be litigated between the parties, and another lawyer is not immediately available for either or both parties.

Fairfax Divorce Lawyer Sara Leiner Schuler is the past President of the Collaborative Professionals of Northern Virginia (CPNV), and represents clients in the Collaborative Divorce process, a voluntary team-based approach in which a couple chooses to divorce without contested litigation to best meet their respective individual needs and the needs of any minor children.  She is also a fellow of the American Academy of Matrimonial Lawyers (AAML), and practices all aspects of family law in the Northern Virginia area, including Divorce, Child Custody, Child Support, Spousal Support and Alimony, Prenuptial Agreements, Step-Parent Adoptions (including Same-Sex Step-Parent Adoptions), Uncontested Divorces, and Enforcement Issues.