A litigated divorce means all the authority is given to a family court judge. Unless a prenuptial agreement is in existence between a Virginia couple, neither spouse will control the outcome. The judge will look at the circumstances of the marriage and property to decide property division outcomes — who should get what. Both spouses must abide by those terms set out in the divorce decree.
Negotiating with collaborative divorce
If a couple decides to work together in a collaborative divorce, they do maintain control over their property. Collaborative divorce can work for any couple — even those in a high asset divorce situation when the spouses agree to cooperate and communicate. Most collaborative divorces rely on negotiations between the attorneys representing each person. Lawyers can discuss property division terms that work for both people. Going with the collaborative divorce route can save time and money in the long run, and it’s also a way to keep divorce terms private.
Must agree on terms
Both spouses must accept the terms of an agreement. If a solution to contentious issues can’t be reached, both spouses hire new attorneys if the couple wishes to pursue the litigation route. That in itself may be motivating for the couple to continue to find solutions to any problems.
A Virginia family law attorney experienced with the division of marital property can provide more information about this topic. He or she can help those looking for a better way to dissolve their marriages find a course of action best fitting their needs. Exploring all options like collaborative divorce can help those going through a divorce choose the path that results in the best outcome possible for the next chapter of their lives.