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.
Clients are more involved in decision-making, negotiating property issues, visitation with children and other matters that otherwise would be handed down from a judge, she said.
"When you go to court, you're relying on someone else to make a decision for you," Ellis said.
The goal of the collaboration is a more civilized procedure and less hardship on all parties involved, especially children.
"We forget about the children--the parents are always going to have a relationship with each other because they're parents," Ellis said.
Roger Pasternak, a child and family psychologist who attended the information session, said divorce is the leading cause of depression among children.
"It's the ugly divorces with the casualties," Pasternak said.
Ellis estimates about 80 percent of collaborative divorce cases reach an agreement, although the number is based on anecdotal evidence and not published statistics.
Jack Taggart, a Charlottesville family law attorney, said all but one of the 15 to 20 collaborative law cases he's handled over the past two or so years reached an agreement.
More than 200 attorneys in Virginia are trained in collaborative law, in areas including Richmond, Roanoke, Hampton Roads and Northern Virginia.
Unlike litigious divorce cases, collaborative law clients are not subject to the court docket and thus can determine their own schedules.
"Our courthouses, generally speaking, are extremely overcrowded," said Thom Savage, a Fredericksburg family law attorney. "This process gives another alternative to resolve things better, quicker and cheaper."
Collaborative law also allows clients more confidentiality, Savage said.
"Nobody likes their dirty laundry aired out there by filing papers in courthouses," he said.
The decision to terminate the collaborative process is up to the clients, but even those cases have potential benefits, Savage said.
"Going to the courthouse and saying, 'Judge, can you help us with custody?' is still better than litigating everything from the Tupperware up to the house," he said.
Minnesota lawyer Stu Webb created the collaborative law model in the 1980s.
In Medicine Hat, a city in Canada's Alberta province, collaborative law is the standard model of divorce, Ellis said. The model also applies to areas outside family law, such as disputes between small business owners.
The local attorneys trained in collaborative law have started meeting for breakfast on the first and third Tuesdays every month at 7:30 a.m., but a fixed location hasn't been determined.
For information, call 540/659-2184 or 540/373-4922.
To reach NATASHA ALTAMIRANO:
Email: naltamirano@freelancestar.com