Collaborative Divorce is a structured, team-based alternative to litigation that allows couples in Fairfax and throughout Northern Virginia to resolve their divorce privately, respectfully, and without going to court.
Jonathan Kales has been trained in the Collaborative Process since 2008 and handles all collaborative divorce matters at Kales & Kales, PLC, guiding clients through the Collaborative Process to achieve mutually agreed-upon resolutions.
If you and your spouse are committed to resolving your divorce outside of court, the Collaborative Process may be an effective and efficient option.
What Is Collaborative Divorce?
Collaborative Divorce is a voluntary legal process in which both spouses retain specially trained collaborative attorneys and agree in writing to resolve all issues without litigation. Collaborative Divorce emphasizes problem-solving over “winning,” with no contested hearings or courtroom appearances.
Key features:
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Identify goals and interests
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Open, transparent exchange of information
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Structured negotiation meetings
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Comprehensive Marital Settlement Agreement
How the Collaborative Process Works
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Decide on Collaborative Team – Attorneys, neutral financial specialist, divorce coach, child specialist (if needed).
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Identify Goals and Interests – Clarify priorities, concerns, and desired outcomes.
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Exchange Information Transparently – Share finances, parenting considerations, and relevant documents openly.
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Structured Negotiation Meetings – Address parenting plans, child support, assets, debts, spousal support, and other family matters.
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Draft Marital Settlement Agreement – Attorneys memorialize negotiated terms in a written agreement.
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Submit for Final Divorce Order – Agreement filed with the court after Virginia’s required separation period.
Benefits for Northern Virginia Families
➡️ Reduced Conflict
Encourages respectful communication and collaboration.
➡️ Child-Focused Planning
Parenting plans preserve stability and emotional well-being.
➡️ Cost Efficiency
Typically less expensive overall than traditional litigation.
➡️ Durable Agreements
Voluntary settlements last longer than court-imposed rulings.
Collaborative Divorce vs. Mediation
| Feature | Collaborative Divorce | Mediation |
|---|---|---|
| Attorneys present | Yes, each spouse throughout the process | Not usually present; each spouse is advised to consult a lawyer before signing agreements |
| Neutral professionals | Optional, included on team | Mediator is neutral; no additional professionals typically involved |
| Cost (compared to litigation) | Generally somewhat more than mediation, but usually less expensive overall than litigation | Lower upfront costs, but typically less support and resources than Collaborative Divorce |
| Level of professional guidance | Team-based support: attorneys + optional professionals | Mediator facilitates negotiations; legal consultation recommended for review/advice |
| Suitable for conflict level | Moderate to high | Low to moderate |
Both processes avoid court until the final submission of the divorce agreement.
Learn more about mediation here
Collaborative Divorce at Kales & Kales, PLC
Jonathan Kales’ credentials reflect his extensive experience and leadership in collaborative law:
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Trained in the Collaborative Process since 2008
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Member of Virginia Collaborative Professionals (VCP), formed from the merger of CPNV and VaCP
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Former President and Treasurer of Collaborative Professionals of Northern Virginia (CPNV)
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Former VaCP (Virginia Collaborative Professionals) Council member
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Former CPNV Representative to VaCP
Frequently Asked Questions
Q1: Is Collaborative Divorce legally binding in Virginia?
The agreement is binding once signed by both spouses.
Q2: How long does Collaborative Divorce take?
The negotiation period to reach a Marital Settlement Agreement varies depending on case complexity, typically a few months. Virginia’s separation period (6 months without children, 1 year with children) applies before the Final Order of Divorce.
Q3: Is Collaborative Divorce more expensive than mediation?
Collaborative Divorce generally costs somewhat more than mediation because each spouse retains an attorney and neutral professionals may participate, but it is usually less expensive overall than traditional litigation.
Q4: Who manages my case?
Jonathan Kales represents one spouse in the Collaborative Divorce process, providing legal guidance and expertise as part of the professional team.
Speak with a Fairfax Collaborative Divorce Attorney
If you are considering divorce and want to explore the Collaborative Process, contact Kales & Kales, PLC to schedule a confidential consultation.
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Jonathan always provides timely advice in every area, always has the client's best interest at heart, and carefully weighs the needs of all family members. He also presents a very clear picture of all the options available without pressure.
As hard as the divorce is, Jonathan was very helpful in helping me navigate the proceedings in a collaborative setting. As a lawyer, Jonathan is very professional, trustworthy, calm and rational. And he is a wonderful human being. He is compassionate, kind, considerate and understands the pain and anxiety his clients go through.
Kales and Kales are the ultimate collaborative divorce team. They’ve got it all. I felt respected during the entire process. With their extensive expertise and kindness, they created a safe place for tough conversations. Jonathan’s response time was lightening fast. I recommend them enthusiastically without reservation.
Jonathan Kales was a superb trail guide through the thickets of the amicable divorce process. He provided expert advice and counsel to me, while helping to moderate difficult interactions with my spouse. He was sensitive and compassionate when we needed him to be, which ultimately made the whole experience so much easier. I greatly value his professionalism and would recommend him without reservation.
When I started thinking about getting a divorce I had no clue where to turn. But was very pleased to have heard about the “Collaborative” process and even happier to have found Jonathan Kales. Jonathan is very hands on and won’t tell you “what you want to hear” he will tell you the truth and help you understand how best to get through the process and in the end still feel whole. Jonathan has a very calm demeanor yet don't let that fool you into thinking he won’t fight for you and your best interests. He very smart and knows the Law, will get to know you and your case, and will provide sound advice and solutions, as well as talk you off “the ledge” if needed. He’s a calming factor in an otherwise stressful environment. I think the one thing I truly felt about Jonathan is that he cared about me. I didn't just feel like a client. He’s a very compassionate person and doesn't fit the “stereotype” people may have about lawyers.
I would highly recommend the Collaborative process and even more, Jonathan Kales and his team. Our process required more face to face meeting with my ex and her attorney, in comparison to some other reviews here. Each case is different and Jonathan doesn't work only one style that works best for him, he meets the needs of his clients. Jonathan even helped my ex with attorney recommendations when her first attorney didn't work out. That is another benefit to the Collaborative process. These attorneys are trained to work together for your best interest…to make the best of a tough situation.
If you are considering a divorce or have already started the process I can tell you with great confidence, Jonathan would be the first person you should call. Divorce is not easy and is hard on everyone involved, but Jonathan helped make this much easier for me to function because I knew I had him in my corner. He will work hard for you, make you feel like you are his only client and in the end, help you move forward with your life.
A lot of people throw around the term "collaborative divorce," but Jonathan and his team walk the walk. Thanks to his patient and expert counsel, my ex-wife and I reached a settlement that was fair for both of us. And, importantly, avoiding much of the recrimination often associated with divorce enabled us to stay in touch and even get together with our now-grown children for dinner once in awhile. Granted, not all divorce situations are the same. But I felt like Kales & Kales made a sincere effort to discern what we truly wanted and try to get us there.
Couldn't be more happy with the services provided. Jonathan's team was very efficient yet detail oriented and gave me a great sense of trust during a very difficult period
I found Jonathan to be knowledgeable, experienced, sensitive, professional, and thorough in his work on my divorce. Recommended by a mediator, he was easy to begin working with. He was able to understand my individual situation, listening to what I said and tailoring our discussions accordingly. Compared to some divorce cases, mine was small, but Jonathan made me feel as if I was as important as any of his clients. I felt very "taken care of" during the whole process. I highly recommend him.
My first Collaborative Divorce case was as a Child Specialist on a team with Jonathan Kales. He was very welcoming and supportive of me and was sensitive to the mental health issues of the case as they unfolded. Jonathan was of immense help to the clients by his thoughtful and professional integration of the information regarding the child's wishes and needs and the hopes, concerns and goals of the parents into the overall collaborative divorce process.
I found Jonathan Kales through a referral on a web site for collaborative attorneys after my ex and I decided to try the collaborative process. Agreeing to get divorced was tough, but from our first meeting, Jonathan made it clear how the process works, what I should expect to hear, what it would cost, and all the lawyerly business involved. But he also let me know that it was OK to feel, whether that was bad, sad, or mad, it was OK to feel something. Throughout the process, he gave me excellent counsel, both professionally, and personally, which lowered my stress overall. It was clear that he was paying attention during the collaborative meetings, jumping in several times to keep her attorney from walking all over me, and protecting my interests from my own desire to simply get it over with. He helped me with a referral to an estate planning attorney who worked out well too. I am grateful for his help and caring manner.


