Divorce Lawyers in Virginia Beach
Collaborative law refers to the process of removing disputes from the “fight and win” setting of a courtroom into a “troubleshoot and problem solve” setting of negotiations. Thus, a collaborative law divorce is a process by which parties use mediation and negotiations to settle their divorce. Note that it takes two willing participates for a collaborative law divorce to work. If your spouse is reluctant, mediation and negotiations may be fruitless.
What are the benefits of using a collaborative divorce?
- Informal setting
- Information exchange is free, open, informal and honest
- Saves time
- You can decide how to handle post-settlement disputes
- You negotiate a result that works for you
What is the process of a collaborative law divorce?
Our attorneys understand the mediation and negotiation process of collaborative divorce. We work closely with you to find out what you want to accomplish through the process, what your limits are, what you are willing to ultimately accept. For example, items such as child support need to be hammered out before collaborative negotiations begin. Know what you need, and why.
Eventually, we meet with your spouse and spouse’s attorney. This “four-way” meeting will probably occur on a regular basis. Collaborative divorces often include other professionals like child custody specialists and accountants. It is important that these individuals are party-neutral so that their input is not influenced by bias. Typically, party-neutral professionals of this sort are committed to helping you settle your case outside of court.
Sometimes, if the parties are having difficulties reaching agreements, a licensed mediator is brought into the picture. Mediators are individuals who are knowledgeable of the law and procedures and are strategic and skilled in guiding the parties to reach an agreement they are satisfied with.
Both parties and their attorneys sign a “no court” agreement that directs both of the attorneys to withdraw from the case if the case does continue to litigation in court.
Contact a family or domestic relations court to file your divorce papers and settlement agreement. Because you have gone through a collaborative law divorce, this filing will be a simple, uncontested procedure.
Collaborative divorce can save you time, money, and the stress of litigation. At Mahoney Nashatka Richmond, we are here to help you reach a solution that is best for everyone involved.
Even the assistance of legal counsel can’t always help couples resolve the key issues necessary to terminate their marriage. In many cases, their dispute must be solved through the courts. These so-called “Contested Divorce” proceedings rely on a trial judge to resolve the often-difficult issues of property division, spousal support, and child custody, support and visitation. Due to the complex nature of the hearings and their long-lasting implications, an experienced family law attorney is essential to protect your interests.
Our attorneys work closely with you to understand all of the unique issues surrounding your separation and impending divorce. Mahoney Nashatka Richmond offers decades of experience to ensure that your long-term interests are protected and the results are returned in your favor.
Family law is all we do, and we will work hard to put our myriad resources to work for you as you navigate your way toward a new beginning.
Separation Agreements/Uncontested Divorces
Separation agreements help couples avoid costly, stressful and time-consuming courtroom disputes over the likes of property, assets, debts, spousal support and child custody. Yet signing a binding separation agreement without a knowledgeable legal family law advocate by your side can result in years of consequences. Whether you choose us to draft your separation agreement, or look to us to review one drafted by your spouse’s attorney, we’ll help you understand your rights and negotiate terms that protect your interests and avoid long-term ramifications.
Military Divorce And Benefits Division
Although the process surrounding the divorce of military personnel is no different than that faced by civilians, several factors surrounding military employment can make the process more difficult and time consuming. To name just a few: military pensions, health insurance coverage, gross income calculations and the federal regulations determining the benefits to divorced spouses. Whether you are a member of the military or the spouse of a service member, you can depend on our attorneys’ years of in-depth experience to represent your interests and rights under both federal and state laws.
Dividing the Property
Along with the normal Virginia property division laws, the federal government has enacted the Uniformed Services Former Spouses’ Protection Act (USFSPA) that governs how military retirement benefits are calculated and divided upon divorce. The USFSPA is the governing body that authorizes a direct payment of a portion of a military retirees pay to the former spouse.
The federal laws will not divide and distribute any of the military members retirement to the spouse unless they have been married 10 years or longer while the member has been active duty military.
Child Support and Spousal Support
In Virginia, both child support and spousal support/alimony awards may not exceed 60% of a military member’s pay and allowances. The normal Virginia child support guidelines, worksheets and schedules are used to determine the proper amount of child support to be paid.
For these reasons, you need someone who understands the ins and outs of a military divorce in the Commonwealth of Virginia. Mahoney Nashatka Richmond has traveled down this road many times, and will work diligently to get the best results for our clients.