subject: Virginia Colloaborative Law Divorce Mediation And Discovery - What is the Cost [print this page] Virginia Colloaborative Law Divorce Mediation And Discovery - What is the Cost
Virginia Collaborative Law & Mediation - Divorce & Discovery
Once you have filed for divorce in Virginia, you move into discovery mode, and this is where you stay to some extent or another until you reach a settlement or until your trial.
Discovery refers to the gathering of information relevant to your case. It may be information to help prove a fault ground for the divorce; Virginia does recognize several fault grounds for divorce including adultery, cruelty, and abandonment. It might be information to support your assertion that your spouse is an unfit parent. Or, it might be information regarding the assets and debts of the parties. Discovery comes in many forms, such as Interrogatories, which are written questions; Request for Production of Documents, which are requests for copies of the documents; Requests for Admissions, where the opposing party is asking you to admit or deny an allegation; or Depositions, where you answer questions under oath, as if at trial. Most people divorcing in Virginia have heard about discovery. However, most if not all parties in Virginia have no idea what to expect; they are always unpleasantly surprised to find out the time and expense involved in formal discovery.
There are many parties who think they will benefit from withholding information when answering discovery requests. Actually, the opposite is true. While this may serve to frustrate the opposing party, the withholding party causes delay and adds expense for both parties. The opposing party's attorney will file Motions to Compel Discovery Responses and will argue in Court to have the Judge force the withholding party to properly answer the discovery requests, and of course, the withholding party's attorney will defend against the Motion. And in the end, the withholding party, in all probability, will be forced to provide complete discovery responses. So, the parties have spent more time in Court and have paid their attorneys additional fees, however, this game has done nothing to move the case forward or to get either party what they want or need.
Why not skip the formal discovery aspect of your divorce? Why not preserve your funds for something more useful, perhaps your children or perhaps to establish a solid foundation upon which you can build in post-divorce life? Collaborative divorce and Mediation allow you to do exactly that. Unlike traditional divorce litigation in Virginia, an absolute in the collaborative divorce and also in mediation is transparency. The parties commit from the start to be forthcoming with information necessary to ascertain the parties' financial situation, including their assets, debts, income, need for support, ability to provide support, and future possibilities. At one of the very first four-way meetings in a collaborative divorce setting, the parties and their attorneys will determine what documents and information the parties are to compile and to have available for subsequent meetings. This also allows other neutral collaborative professionals to assist the parties in taking charge of their obligations and to assist the parties in financial planning for the future.
Mediators working with divorcing parties in Virginia will facilitate the discussion between the parties as to their issues and concerns, and will help the parties determine what information may be necessary to help them move forward to a resolution of their issues. When the parties are openly sharing the relevant information, they are able to actively engage in problem solving and planning for their future. As opposed to traditional divorce litigation where substantial amounts of money is spent to cause delay, frustration, and to harass, those involved in mediation are spending less and at the same time, moving forward in a more cooperative and respectful manner.
