Here’s a short video that provides a thorough outline of the collaborative process. Then, you will be provided with an answer to a variety of frequently asked questions on collaborative divorce as well as the major advantages of this method to end your divorce and separation for divorce in North Carolina.

What exactly is Collaborative Divorce?

Collaborative divorce is a fresh and effective method for divorcing couples to settle their differences without causing any harm to each other – without having to go to the court. If couples in North Carolina decide to separate or divorce, they need to come up with a solution to any outstanding issues, including the child’s custody or support issues, post-divorce assistance and maintenance, as well as property division. Collaborative law is a form for Alternative conflict resolution (ADR) which is intended to limit the conflict between the parties while they attempt to resolve all the issues that arise in their case.

While each client will have the guidance and support of their attorney, they collaborate together with a team of highly trained professionals (financial specialists, accountants counselors for children and therapists) to guide them to win-win, out of out of the box approaches to any dispute.

What’s the deal with the Agreement?

A collaborative divorce differs from traditional divorces in large part due to the Participation Agreement 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:

  1. Completely exchange financial data to enable each spouse to make informed choices
  2. 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.
  3. Affirm a written agreement regarding all issues and concerns , without having to resort to court for the decision on any disputes
  4. The withdrawal from all professional (including lawyers) in the event that either party decides to appear in the court (except for obtaining the final divorce decree)

Are you a good candidate for Collaborative Law right for you?

Collaborative law permits spouses to end their marriages in a dignified manner. Any divorce can be considered for collaborative law However, you should look into collaborative law if the spouse and you

  • Consider it essential to safeguard you and your your children from the damage that litigation could inflict.
  • Put a premium on the personal accountability in resolving conflicts
  • Can focus on the beneficial solution for your entire family
  • Are you looking to maintain an positive working relationship throughout and after the process has ended
  • It is important to provide 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 may not be the right choice for you. Additionally, there are many lawyers who claim they’re collaboration lawyers which isn’t the case. If you’re just beginning to consider divorce and want to explore the collaborative option It is crucial for you as well as your spouse to find an attorney who will be a part of this collaborative procedure.

How Collaborative Divorce functions

The first step is to have both spouses sit down with their collaborative attorneys to discuss their personal requirements and concerns. The couple and their lawyers meet in four-way sessions to come to an agreement without the involvement of court. Each possible issue – such as the division of property, custody for children, time sharing, and support (both spouse and child support) are put “on the table” during these sessions. In some meetings there are other professionals such as Mental Health Specialists and Financial Experts are invited to participate and join the “team” to aid the couples in reaching a resolution together. Parties who are divorcing can benefit from the experience as well as the advice and assistance of lawyers and other professionals in an effort to work issues through in an optimistic and focused manner.

If a settlement has been reached attorneys must file the necessary documentation that is required from the judge.

There are many advantages to the Collaborative Divorce

  • Control. You have control over your divorce and the way it will be settled. While of you have an attorney, you’ll jointly be the ones to decide the settlement in your role as primary participants in the team.
  • Time. A collaborative divorce typically will take less time than traditional divorce. North Carolina is a perfect state to have collaborative divorce since the one-year separation is needed before filing for divorce. A majority of couples can settle their entire divorce in the time of separation and conclude the divorce once the one-year separation timeframe is completed. In traditional litigation, the issues surrounding the divorce may be a long time to settle, usually in terms dictated by a judge and not the parties.
  • Support. You gain support. You negotiate the settlement with your spouse, while benefiting from the advocacy skills of your attorney as well as problem-solving and negotiation capabilities. You get advice and assistance from other professionals who help in identifying your needs and the needs of your children.
  • Focus. You can concentrate on trying to resolve the matter rather than worrying about depositions or court hearings. Eliminating the fear of “going in court” can reduce anxiety and fear and helps you concentrate on finding solutions that are positive.
  • Foundation. You are laying the foundation for an improved future. There isn’t a pain-free method to end a marriage however, by reducing stress, being in a state of co-operation and treating each other with respect, yourself and your partner create an environment that your children and you can prosper.
  • Cost Savings. It is more efficient to combine the resources you have (i.e. it’s not necessary for partners to engage every expert needed there is only one requirement). Therefore, the collaborative process is generally more cost-effective and efficient than litigation. If you come to the agreement you want, it is able to be completed in a shorter period of time. You don’t have to be bogged by a long wait while you are waiting for a court date.
  • Customized Settlements. It is possible to bargain a better settlement. Every family is different and requires a distinct solution to the issues that are raised during a divorce or separation proceeding. The collaborative process creates agreements that are typically more precise and comprehensive than any other order that could be handed down by a judge following an uncontested court proceeding.