Area lawyers now offering collaborative approach as an alternative to contentious courtroom divorce battles.

By NATASHA ALTAMIRANO

Date published: 6/23/2006

By NATASHA ALTAMIRANO

Divorce can be an ugly affair. No one knows that better than ex-spouses, their families and the attorneys who represent them.

That's why about 15 local attorneys recently were trained in collaborative law, a process in which disputes--in this case, divorce--are settled outside of court.

"People don't know until they go through a divorce how horrible it is," said family law attorney Stacey Strentz, who has litigated hundreds of divorces over 13 years with the Stafford County firm Rinehart, Lowery, Strentz & Butler, P.L.C. "It's so expensive and so contentious and there are so many casualties."

Strentz chairs the local group of collaborative attorneys and recently hosted an information session at her Fredericksburg home to get more family-law attorneys, mental-health professionals, financial advisers and other parties involved in the collaborative law movement.

Collaborative law differs from mediation in that mediators are barred from giving clients legal advice.

At minimum, the collaborative process involves four parties: husband, wife and an attorney representing each. All four sign a contract agreeing to negotiate and resolve all divorce-related issues (property, child custody, etc.) outside of court.

The contract also stipulates that both attorneys withdraw from the case if either client decides to pursue litigation.

"It's a better way to work through the process," Strentz said.

Virginia's divorce rate was four divorces per 1,000 population in 2004, the latest full-year divorce statistics reported by the National Center for Health Statistics. The national divorce rate in 2004 was 3.7 divorces per 1,000 population.

Virginia had 29,411 divorces and 61,990 marriages in 2004, according to NCHS.

In a litigious divorce, each client might spend thousands of dollars on his or her own financial adviser, home appraiser, child psychologist and other professionals.

In the collaborative process, clients and their attorneys hire one of each professional as needed. The professionals also must undergo collaborative training, sign a contract, and, like the attorneys, recuse themselves if the case ends up in court.

The International Academy of Collaborative Professionals mandates a minimum of 30 hours of training for all collaborative professionals, said Morna Ellis, a Richmond family law attorney who practices collaborative law.

Ellis, who was the guest speaker at the recent information session, never argues a case in court.

All discussions take place in four-way meetings with both pairs of clients and attorneys present, as well as other professionals when deemed necessary, Ellis said.

Date published: 6/23/2006

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