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Pros And Cons Of Collaborative Divorce In Leesburg


Making the decision to get a divorce is never easy. You may have dealt with years of turmoil in your marriage before finally reaching the breaking point. Unfortunately, even after filing for divorce in Loudoun County, there are still potentially complex issues that can take long months to resolve through the courts. Collaborative divorce offers an alternative. By reaching mutually beneficial agreements with the help of our Leesburg divorce attorney, a collaborative divorce can spare you additional unpleasantness while also saving you both time and money.

What Is Collaborative Divorce In Virginia?

Collaborative divorce takes a less contentious approach to the divorce process, which often involves couples battling over property, assets, and custody of children through potentially lengthy court hearings. In a collaborative divorce in Leesburg, a divorce petition is filed through the county court but rather than waiting for a judge to issue a final order in your case, the goal is to reach a settlement out of court through negotiations between the divorcing couple and their attorneys. There are still important matters that must be addressed under the Virginia Code as part of these negotiations. These are the same as in any other divorce case and include:

  • Division of marital property, assets, and debts;
  • Determinations regarding whether spousal support should be paid;
  • Child custody arrangements, which typically involve creating a parenting plan in Virginia;
  • Determinations regarding child support, based both on the parenting plan and each party’s financial situation.

Advantages And Disadvantages Of Collaborative Divorce

For a collaborative divorce in Leesburg to be successful, the couple must be able to put aside their differences and cooperate with each other and the attorneys involved in reaching a final settlement. Provided both parties are willing to do so, a collaborative divorce provides numerous advantages. These include:

  • Can save time in having to schedule hearings through the Loudoun County Domestic Relations Court;
  • By resolving your divorce case more quickly, a collaborative divorce in Virginia can save you money in legal fees;
  • Allows you to reach agreements based on the specific circumstances in your case, rather than having a judge make important decisions;
  • Protects your privacy and prevents you from having to share personal details about your marriage in public court proceedings.

There are potential disadvantages to collaborative divorce as well. It does require you and your spouse to work together and if either of you is hostile or unwilling to be flexible, it can prevent the process from working and eventually land you back in court hearings. If your divorce involves significant amounts of property and assets or complications regarding children, financial experts, property assessor, child psychologists and other experts may need to be brought in, increasing the overall costs.

Let Us Help You Today

At Schwartz Kalina, PLLC, we can help you determine whether collaborative divorce in Loudoun County is right for you. To discuss your options, call or contact our Leesburg divorce attorneys online and request a consultation today.

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