This video that gives an excellent outline of the collaborative process. Then, you will be provided with an array of responses to the most frequently asked questions on collaborative divorce as well as the major advantages of using this method to settle your divorce or separation within North Carolina.
What is Collaborative Divorce?
Collaborative divorce is a fresh and exciting way for divorced couples to settle their differences without causing any harm to one another without going to the court. When couples from North Carolina decide to separate or divorce, they need to be able to settle any outstanding issues, such as Child custody, support and post-divorce maintenance and support, as well as division of property. Collaborative law is a form that uses Alternative disputes resolution (ADR) which is intended to limit the conflict between the parties while they seek to settle all the issues that arise in their case.
While each client will have the assistance and guidance of their own lawyer They will work as a team, working together, along with a team of highly trained professionals (financial specialists, accountants counselors, and therapists) to assist them in coming to win-win and outside out of the box approaches to every dispute.
What’s the deal with the Agreement?
A collaborative divorce differs from traditional divorces mostly due to an agreement to participate that is made at the beginning of the process between the clients as well as the professionals they choose to work with. The agreement requires the parties to:
- Transfer all financial details to enable each spouse to make informed decisions
- Be sure to keep your privacy completely secure during the entire process to ensure that both spouses can be able to freely voice the needs of their spouse and concerns.
- Find a written agreement on all issues and concerns , without having to resort to court for the decision on any disputes
- The withdrawal from all professional (including lawyers) in the event that either party decides to attend the court (except for the purpose of obtaining an order for divorce final)
Are you sure? Collaborative Law right for you?
Collaborative law permits couples to dissolve their marriages in a dignified manner. Any divorce is suitable to be a collaborative one however, you should look into collaborative law if the spouse and you
- Consider it essential to safeguard yourself and your your children from the damage that lawsuits can cause.
- Put a premium on the personal accountability in resolving conflicts
- Can concentrate on an constructive solution for your entire family
- Are you looking to maintain the respectable working relationship both during and following the end of the process
- Find out why it is essential to share complete and precise details regarding financial matters
If the spouse or you is not able to collaborate in this manner or at all, the collaborative divorce might not be the best option for you. Additionally, there are many lawyers who advertise that they’re collaboration lawyers which isn’t the case. If you’re just beginning to consider divorce and you would like to explore the collaborative option it is essential both you as well as your spouse to find an attorney who will take part in collaboration.
How Collaborative Divorce is done
In the beginning, both spouses need to sit down with their collaborative attorneys to discuss their personal requirements and concerns. The couple and their attorneys sit in four-way sessions to come to an agreement that does not involve the court. Each possible issue – such as property division as well as child custody, time sharing, and support (both parental and spousal) are put “on the table” in these meetings. In some sessions, other experts like Mental Health Specialists and Financial Experts can be present and join the “team” to assist the couples in reaching a resolution together. The parties who are divorced can benefit from the experience of advice, counsel, and support of lawyers and other professionals in an effort to work issues through in an optimistic and way that is focused on resolution.
After a settlement is agreed upon lawyers file the proper documents that is required to be filed by the court.
There are many advantages to the Collaborative Divorce
- Control. You are in control of the divorce process and how it’s settled. Although the spouse and you have an attorney, you’ll jointly be the ones to decide the settlement in your role as primary participants in the team.
- Time. In general, a collaborative divorce is less time-consuming than traditional divorce. North Carolina is a perfect state to get a collaborative divorce because the separation period of one year is needed in order to file for divorce. Many couples are able to resolve their entire divorce during their separation, and conclude divorce once the one-year separation timeframe has ended. When it comes to traditional litigation, issues surrounding divorce could be difficult to resolve for a long time typically based on terms dictated by a judge and not the parties.
- Support. You gain support. You negotiate the settlement with your spouse and benefit from the advocacy skills of your attorney as well as problem-solving and negotiation capabilities. You gain insight and help from other experts who aid in identifying your needs and the needs of your children.
- Focus. It is possible to focus on trying to resolve the matter instead of worrying about depositions or court hearings. The idea of not having to worry about “going to court” reduces anxiety and anxiety, making it easier to focus on finding solutions that work.
- Foundation. You are laying the foundation for an improved future. There is no easy way to divorce a relationship, however, by reducing stress, creating a culture of co-operation and treating one another with respect, yourself and your partner create an environment that both of you and your children will prosper.
- Cost Savings. You can save more money by combining the resources you have (i.e. it’s not necessary for both of you or your partner engage every expert needed only one is needed). This means that collaboration is typically cheaper and less time-consuming than litigation. If you come to an arrangement, the deal is able to be completed in a shorter timeframe. You don’t have to be bogged by a long wait while you are waiting for a court date.
- Customized Settlements. You can reach a more favorable settlement. Every family is different and deserves a distinct solution to the problems that arise during a divorce or separation proceeding. The collaborative process creates the final agreements which are usually more thorough and precise than any other order that could be given by a judge in a court case that is contested.