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Collaborative Divorce · Virginia
Some divorces do not belong in court.
Yours might be one of them.
Collaborative divorce is a Virginia-recognized process where both parties commit in writing to settle without ever filing a contested motion. Supported by both attorneys and a team of neutral professionals, it offers a real alternative for families who can choose it.
First call is a conversation, not a commitment.
The Promise That Makes It Work
The whole process turns on one promise: both parties commit to settling without ever filing a contested motion. Everything else flows from that.
§ 20-168+
The Virginia Collaborative
Law Procedures Act
Law Procedures Act
Va. Code §§ 20-168 to 20-187
2021
Year Virginia codified
the collaborative process
the collaborative process
Uniform Collaborative Law Act
0
Contested court appearances
when the process works
when the process works
By design
50+
Years of combined
experience at the firm
experience at the firm
Across three NoVa offices
Knowing What You Are Choosing
Three ways a Virginia divorce actually goes.
Most people compare lawyers. The bigger choice is how the case is going to run. Here is how the three paths actually differ, in plain terms.
Path 01
Litigation
The court system, by default.
- A judge decides outcomes both parties did not agree on
- Two adversarial attorneys, discovery, depositions, motions
- Public court record
- Costs and timeline driven by the level of conflict
- Necessary when settlement is genuinely impossible
Court Decides
Path 02
Mediation
One neutral helps the parties decide together.
- One mediator works with both parties, representing neither
- Attorneys may advise from the background, or not at all
- Confidential discussions, voluntary agreement
- Lower cost than litigation, faster than collaborative
- Strong fit when issues are limited and trust is intact
Parties Decide With a Neutral
Path 03 · This Page
Collaborative Divorce
A structured team process built around the pledge to stay out of court.
- Each party has their own attorney throughout the process
- A team of neutral professionals supports both sides at once
- A signed participation agreement commits everyone to settlement
- A disqualification rule keeps both attorneys honest
- Built for families who will keep co-parenting after the case ends
Both Parties Decide, With Full Representation
The Rule That Makes It Work
The disqualification clause: if the case fails, both attorneys are off it.
At the start of every collaborative case, both parties and both attorneys sign a participation agreement. Buried in it is the most important rule in collaborative law: if either party files a contested motion or otherwise breaks the process, both attorneys must withdraw, and neither can represent their client in court.
That rule sounds harsh. It is also the entire reason collaborative works. Every person at the table, the lawyers included, has a financial and reputational stake in finishing the case collaboratively. No one is quietly preparing for trial in the background. Everyone is rowing the same direction.
Who Is Actually In the Room
The collaborative team, and what each person does.
A collaborative case is not just two lawyers and a coffee table. It is a team built around the family, with each professional contributing what they know best.
Financial Neutral
A CPA or financial planner who works for both parties. Builds a clear picture of incomes, assets, debts, retirement, college, and projections.
For BothMental Health Professional
Often called a divorce coach. Helps both parties manage communication, regulate hard conversations, and stay productive in meetings.
For BothChild Specialist
When there are children. Brings the child's voice and developmental perspective into the room, without putting the child in the middle.
For The KidsSpouse's Attorney
Advises your spouse privately, works alongside your attorney to draft the agreement, and is bound by the same collaborative pledge.
For Them
How it costs out. Instead of paying two attorneys to duplicate financial discovery, both sides share the cost of one financial neutral whose work everyone trusts. The team approach often reduces total cost compared to litigation, particularly in cases with complex finances or strong co-parenting needs.
From First Meeting to Final Decree
Six steps, start to finish.
The collaborative process is structured. That is part of the point. Here is the standard arc of a Virginia collaborative case from the day you choose this path to the day the divorce is final.
1
Sign the Agreement
Both parties and both attorneys sign the Collaborative Participation Agreement, including the disqualification clause.
2
Build the Team
Choose the financial neutral, mental health professional, and child specialist if needed.
3
Share Goals
Each party sets out their priorities, interests, and concerns. The team listens and starts mapping the case.
4
Work the Issues
A series of structured meetings tackles property, support, custody, and any other open issues with the team's help.
5
Draft the Settlement
Once the terms are agreed, the attorneys draft a settlement agreement that captures the resolutions in writing.
6
File the Decree
After Virginia's statutory deadlines are met, the attorneys work together to obtain the final order of divorce.
What We Handle
Every part of a Virginia collaborative case.
From the first conversation about whether collaborative is the right fit to the final decree, here is the work we take on.
01 /
How the process runs.
Participation Agreement
The formal contract that opens every collaborative case. We make sure you understand exactly what you are signing before you sign it.
The Opening StepTeam Assembly
Selecting the financial neutral, mental health professional, and child specialist who fit your family and the issues at stake.
Right ProfessionalsFour-Way Meetings
Structured sessions with both parties, both attorneys, and the relevant team members. We prepare you for each meeting carefully.
Structured SessionsFinancial Transparency
Full disclosure of incomes, assets, debts, retirement, and tax history through one shared financial neutral, not duplicative discovery.
Shared Financial PictureChild-Focused Planning
Bringing a child specialist into the team when children are involved, so the parenting plan reflects how kids actually live, not just legal categories.
Kids FirstSettlement Drafting
Translating the agreed terms into a settlement agreement and final decree that holds up legally and reads clearly.
In Writing
02 /
When the collaborative model fits best.
Custody-Focused Cases
When co-parenting is the priority and both parents want a working long-term relationship, collaborative protects that future.
Co-Parenting ForwardComplex Finances
Business interests, multiple retirement accounts, real estate, and stock plans benefit from one financial neutral building a full picture for everyone.
High-Asset FriendlySpecial-Needs Families
Children with significant needs benefit from a team that includes a child specialist who understands the long view, not just the school year.
Built for the Long RunPremarital & Postmarital
The collaborative model also works for prenups and postnups, not only divorce. Helpful when both parties want a sturdy agreement built together.
Beyond DivorceModifications
Custody, support, and parenting plan modifications often run well through a collaborative process, even when the original divorce was litigated.
After the DecreeHybrid Approach
Some cases mix collaborative and mediation, or pause collaborative for a single mediation session on one issue. We help you choose the right blend.
Process Design
Alisa Chunephisal, Esq.
Family Law Attorney
Attorney Insights
Honest answers about whether collaborative is right for you.
"Collaborative is the right call when both people are capable of being honest, even when it's hard. When that is true, it can change the outcome and the next ten years."
-
1
It fits when trust is bruised, not broken
Collaborative does not require you to like each other. It requires you to both want a settlement and to both be willing to be transparent about money. If those are present, the process can build the rest. If one of them is gone, litigation is sometimes the right call.
-
2
It does not fit when there is hidden behavior
Domestic violence, hidden assets, active substance abuse, or a party using the process to delay are real reasons to reach for a different tool. We will tell you straight if we think your situation is one of those.
-
3
Pick the process before you pick the lawyer
The biggest decision people make in a divorce is which path they take. Once you choose litigation, mediation, or collaborative, the lawyer choice falls out from there. Picking a lawyer first locks you into their preferred process by default.
Why Families Trust Us
Built on experience, expertise, and a real track record.
Collaborative work calls for a specific skill set. Here is what we bring to your case.
Experience
50+
Years Combined
Decades of Virginia family law work, including out-of-court resolution processes.
Expertise
100%
Family Law Focus
We work in this area exclusively, including collaborative, mediation, and litigation.
Authority
AV
Preeminent Rated
Martindale-Hubbell AV Preeminent, Super Lawyers, Avvo 10.0, and Best of the Best honors.
Trust
5★
Verified Reviews
Real reviews from real Virginia families we have stood beside.
Recognition
Honored by clients and peers, year after year.
★★★★★
"She was responsive when I needed a response and looked out for my best interests. She was direct about how the process would go. I have already recommended her to friends."
Verified Client Review
In Their Own Words
Reviews from families we have stood beside.
Read what families across Northern Virginia have shared about working with our attorneys.
Questions Families Actually Ask
Plain answers about collaborative divorce in Virginia.
These are the questions we hear on a first call. If you have a different one, we are happy to answer it directly.
Have a specific question?
Call 571.260.0999 or send us a message.
What is collaborative divorce in Virginia?
Collaborative divorce is a structured legal process in Virginia where both spouses, represented by their own attorneys, agree in writing to settle their case without going to court. The process is governed by the Virginia Collaborative Law Procedures Act in Va. Code § 20-168 through § 20-187, signed into law in 2021. The team typically includes both attorneys, a financial neutral, a mental health professional, and, where children are involved, a child specialist. The goal is to reach a complete settlement of all divorce issues through a series of structured meetings.
How is collaborative divorce different from mediation?
Mediation uses one neutral mediator who works with both spouses to help them reach an agreement. The mediator does not represent either party. Collaborative divorce uses two attorneys, one for each spouse, plus a team of neutral professionals, all working together to negotiate a settlement. Collaborative law is governed by a formal participation agreement and a disqualification provision that prevents either attorney from going to court if the process fails. The two processes can be complementary, but they are different.
What is the participation agreement and the disqualification provision?
The participation agreement is the contract both spouses and both attorneys sign at the start of a collaborative case. It commits everyone to settle without litigation, to disclose financial information honestly, and to work in good faith. The disqualification provision is a critical part of that contract: if either party files a contested motion or the process otherwise breaks down, both attorneys must withdraw and cannot represent their clients in any litigated divorce. This creates strong alignment toward settlement because the entire team has a stake in finishing the case collaboratively.
Who is on the collaborative team?
A collaborative team in Virginia typically includes both parties' attorneys, a financial neutral (an accountant or financial planner who works with both parties), a mental health professional or divorce coach (who helps with communication and emotional regulation), and a child specialist (when children are involved). The team works together rather than in opposition. Each professional contributes their expertise to a single shared outcome.
What happens if collaborative divorce does not work?
If the collaborative process fails, the participation agreement requires both attorneys to withdraw. The parties keep their financial records, expert reports, and the work already done, but they cannot continue with their collaborative attorneys into litigation. They must each hire new lawyers and start over in court. This rule is deliberate. It gives every participant strong incentive to keep working toward settlement.
When You Are Ready
A divorce can end without a courtroom.
Tell us where you are and what you are trying to protect. We will help you decide whether collaborative is the right path, and if it is, we will run it with you. Three offices across Northern Virginia, one phone number.