There are a couple of alternatives to traditional litigation in a Virginia divorce case, where the court and a judge decide the outcome.
The first alternative is hiring lawyers to assist in the negotiation process. Your lawyers can help draft a settlement document if you’re able to reach an agreement. In Virginia, if you have an uncontested divorce—even if it starts contested but ends with a settlement agreement—you don’t have to go to court. Instead, you can file affidavits, and your lawyer can help you prepare those.
Another option is mediation, where both parties can be represented by an attorney, and a mediator assists in reaching a resolution. Sometimes, couples go to a mediator without attorneys and then have their attorneys review the resulting agreement.
The collaborative process is another alternative. In this approach, you form a team of professionals who help you through the divorce. The collaborative process is the most cooperative, as all parties, including you and your spouse, enter with a non-confrontational mindset. In this case, your lawyer steps out of the traditional advocacy role to help you reach a resolution.
The best method depends on you, your spouse, and your circumstances. While litigation is sometimes unavoidable, these alternatives provide excellent options if you’re able to work through them.
