D A V I S L A W G R O U P

Website Loading

Divorce Litigation

Divorce Litigation

Is there a less expensive alternative to divorce than fighting in court?

Yes – it is called a Collaborative Divorce.

What is a Collaborative Divorce?

A Collaborative Divorce is a process that gives divorcing parties a way to end a marriage and restructure families without the stress, delay, and expense of litigation. While attorneys will share a commitment to collaborative law principles, each attorney has a professional duty to represent his or her own client diligently and is not the attorney for the other party.

How does the Collaborative Process work?

When a couple decides to pursue a collaborative divorce without going to court, they each hire lawyers specially trained in collaborative law. Their clients sit together in face-to-face meetings to identify and address issues in need of resolution. Collaborative lawyers also rely on a “team” approach” meaning that the parties may jointly hire personal coaches such as mental health professionals, child specialists, and financial experts to assist in gathering information and problem-solving.

How expensive is a Collaborative Divorce?

While no one can predict exactly what you will pay for this kind of representation because every case is different, a rule of thumb is that a collaborative divorce can cost nearly 90% LESS than litigation.

If I choose Collaborative Divorce, will my rights be protected and, if so how?

In a collaborative divorce process, each party’s attorney has an absolute duty to represent his or her client’s interests. The collaborative process does not mean that an attorney can or should be anything less than 100% on the side of his or her client. What is unique about collaborative law, however, is that the collaborative lawyer takes responsibility for advancing the client’s interest in settlement (as well as other interests), and therefore zealous advocacy in a collaborative negotiation is focused on finding a mutually agreeable solution.

What happens if an agreement cannot be reached and one or both parties want a conventional divorce?

The spouses and attorneys are bound by a written pledge not to go to court over any contested issue. If an agreement cannot be reached, attorneys may suggest bringing in mediators or other professionals to facilitate a settlement. However, if one or both parties wish to discontinue the collaborative process, both attorneys are legally obligated to withdraw from representing their clients. This means that both spouses have an incentive to settle their case collaboratively in order to avoid having to hire new attorneys and begin a traditional divorce process through the court system, adding time and expense to the divorce.

Questions? Contact Us

logo

Estate & Trust Planning

Estate Planning is essentially the process of preserving and protecting your assets and property during your lifetime, then providing instructions for them to be passed on to

logo

Corporate and Business Transactions

At Davis Law Group we have a unique perspective in our corporate and business law practice. Most "corporate" law firms focus on serving the business rather than

logo

Elder Law

Elder Law – Guiding You and Your Family through the Complexities of Aging At DLG, our Family Legacy Process© doesn’t stop after you set up your estate

logo

Probate & Trust Administration

When a close relative or friend dies, there are several important legal and taxation matters to be addressed.  Depending on how property and other assets are titled,

logo

Civil Litigation

Representing a client involved in business disputes, contract disputes, including mediation, arbitration, or civil litigation in court, is a big responsibility -- one we don't take lightly.

logo

Church and Non-Profit Organizations

Church and non-profit law requires a special understanding of the issues and challenges that face non-profit and religious institutions. The legal advice that best serves business and

logo

Commercial Real Estate Transactions

At Davis Law Group we understand that the commercial real estate process can be one of the most stressful events our clients will ever experience. Hampton Roads

logo

Family Law & Collaborative Practice

The attorneys at Davis Law Group have extensive experience in representing individuals who find themselves in the middle of broken relationships, and we are effective advocates when

logo

Employment Law

Few relationships impact our daily lives as much as the relationships we have at our workplaces. For most people, it is the place they spend the majority

logo

Adoptions

Over the past several years we have helped a number of families work through the complexities of domestic and international adoption in virtually every scenario you can

Douglas W. Davis
Attorney, Managing Partner
Douglas H. Cook
Attorney, of Counsel
Jake Balderson
Attorney
Stephen Haynes
Attorney
Jeff Coombs
Attorney, Nonprofit Practice Leader
Conor Flaherty
Attorney
Christen Davis
Senior Paralegal
Jacob Tise
Paralegal
Lauren Baust
Paralegal
Rebecca Garnsey
Paralegal
Melissa Smith
Paralegal
Karen Nootnagel
Comptroller
Nicole Capomaggi
Receptionist/Client Liaison

Estate Administration Details that TV

While television and movies provide great entertainment, they are not always factual. Even shows based on real events are not entirely accurate. Creators of

What Happens to Your Mortgage

Your mortgage, like the rest of your debt, does not simply disappear when you die, unfortunately. If you leave your home that has an

Passing the Torch: Smart Business

For many business owners, their business is one of the most valuable and important things they own. When it is time to sit down