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Using Collaborative Practice During a Divorce

From property division to child custody, divorce requires making many important decisions. The most effective and amicable way to decide on the terms of a divorce is to use alternative dispute resolution (ADR), instead of leaving your fate in the hands of a judge. Collaborative practice is a form of ADR that allows the honest, voluntary exchange of information by both spouses with the help of their Virginia divorce attorneys.

During a collaborative divorce, parties and their lawyers participate in direct four-way negotiating sessions where lawyers provide guidance and legal advice to their clients. Parties can identify their long-term goals and best intentions. As a group, all information regarding finances, the children and the property is brought to the table. You can also bring in financial experts and mental health professionals to help resolve disputes. Collaborative practitioners from outside professions can be invaluable resources.

The advantages of collaborative practice include:

  • You won’t have to take a gamble in court
  • You don’t need a third-party decision maker — such as a judge, mediator or arbitrator
  • You are more likely to achieve a favourable outcome
  • It could be less time-consuming than a trial
  • It could be less expensive than a trial

Before hiring a Washington, D.C. family law attorney, be certain he or she practices collaborative practice. As a relatively new form of ADR, not all attorneys have experience in this area.

The law practice of Kuder, Smollar, Friedman & Mihalik, PC remains up-to-date on all developments in ADR and divorce law. Our strong, compassionate attorneys practice divorce law in Virginia, Washington D.C. and Maryland.

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