Virginia Collaborative Law - Divorce & Discovery In VA

Virginia Collaborative Law - Divorce & Discovery In VA

VIRGINIA COLLABORATIVE DIVORCE

THE COST OF DIVORCE - PART II

Collaborative Virginia divorce, unlike traditional litigation, does not involve formal discovery. Discovery is the process through which the parties gather information to build, support, and defend their case. Formal discovery may include interrogatories, request for production of documents, request for admissions, and depositions. Parties are always overwhelmed by the amount of work it takes to respond to discovery requests as well as the amount of time it takes their attorney to comb through the opposing parties' discovery responses. In Virginia, if a party fails to timely respond to discovery requests, the opposing party may force the matter into court seeking a court order compelling the unresponsive party to respond. Again, this process takes a substantial amount of time and is of great expense to both parties.

In a Virginia collaborative divorce, the parties sign a Participation Agreement, and part of that Agreement is that the parties promise to be transparent. During the collaborative process, each party may request from the opposing party information, to be provided verbally or in writing, and may request copies of documents. The requested information is provided and the process continues. In the event the party to whom the request is made refuses to provide the requested information or delays in doing so, that party is in violation of the Participation Agreement, and it is a serious matter with which to be dealt. However, the problem is addressed and resolved among the parties and their attorneys during their meetings. Neither party must fear having to expend the time and money it would take in traditional litigation to seek or defend against an Order to Compel in the court.

In traditional Virginia divorce litigation, the point at which formal discovery is conducted is also the point at which the parties' retainers are often depleted and must be replenished. This is difficult for parties particularly in the current economy. By engaging in the collaborative divorce process in Virginia, parties are able to stretch their retainer funds by avoiding the formal discovery process.

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