Going through a divorce is one of the most challenging things a person can do. The process can be even more complicated if you and your partner cannot agree on the divorce terms. In this case, you may have to go to court and let a judge decide how to split your assets and rights. There is another option, however: collaborative divorce.
In collaborative divorce, both parties work with an attorney who helps them negotiate a fair split outside of court. This process can be less stressful and more efficient than traditional litigation. A collaborative divorce may help you and your spouse pay fewer attorney fees and avoid the courtroom.
What is a Collaborative Divorce in North Carolina?
Collaborative divorce is a process where you and your spouse work with attorneys to negotiate the terms of your divorce outside of court. The goal of collaborative divorce is to come to a fair agreement without going through litigation. To start the process, both parties must sign a contract agreeing to:
- Work together to reach a resolution
- Not go to court
- Disclose all relevant information
- Work in good faith
If you and your spouse reach an agreement, your attorney will put the terms into a legally binding document. If you cannot reach an agreement, you will have to go through traditional litigation.
Benefits of Collaborative Divorce
There are many benefits to choosing collaborative divorce over traditional litigation. These benefits include:
- Avoiding court: One of the most significant benefits of collaborative divorce is that it allows you to avoid going to court. Avoiding the courtroom can save you time, money, and stress.
- Saving money: Collaborative divorce is typically cheaper than traditional litigation because it does not require as much attorney time.
- Flexibility: In collaborative divorce, you and your spouse have more control over the process and can tailor the agreement to fit your needs.
- Privacy: Because collaborative divorce takes place outside of court, it is a more private process.
If you are considering a divorce, it is vital to understand your options. Collaborative divorce may be a good option if you are looking to avoid court and reach a fair agreement with your spouse.
The Process of Collaborative Divorce
The collaborative divorce process typically consists of four steps:
- Initial consultation: During this meeting, you and your spouse will meet with your attorneys to discuss the process and decide if it is right for you.
- Negotiation: If you decide to proceed with a collaborative divorce, your attorneys will help you negotiate an agreement for divorce terms.
- Settlement: Once you and your spouse reach an agreement, your attorney will draw up a legally binding document with your negotiated terms.
- Finalization: After the settlement is signed, your divorce is final.
The steps of collaborative divorce can move as fast or as slow as you and your spouse can agree to terms. You can check out the legalities for yourself at ncleg.gov.
FAQs About Collaborative Divorce
Let’s look at some common questions about collaborative divorce in North Carolina.
Q: How long does the process take?
A: The length of the process depends on how willing you and your spouse are to negotiate. If you can reach an agreement quickly, the process can be over in a few months. If you have a more complex divorce, it may take longer.
Q: What if we can’t agree on everything?
A: If you and your spouse cannot agree on all of the terms of the divorce, you may have to go to court. However, collaborative divorce can still be beneficial even if this happens. Because you’ve already resolved many issues outside of court, your case may go more smoothly.
Q: Is collaborative divorce right for me?
A: Collaborative divorce may be a good option for you if you and your spouse hope to avoid the courtroom by working together to reach agreements. Some issues are more complicated than others to find consensus on, though. You can only get through the collaborative process if you both commit yourselves to making concessions with each other.
If only one party is willing to make concessions, collaborative divorce may not be your best choice. If your partner refuses to budge on issues, you may receive a better outcome by hiring an attorney for yourself. With an attorney on your side, you have someone to negotiate your rights with your spouse’s attorney. It is crucial to meet with a family law divorce attorney to discuss your options and decide what is best for you before choosing collaborative divorce.
Q: What kind of attorney helps with a collaborative divorce?
A: Finding the best attorney for a collaborative divorce involves looking for someone who is experienced in the process. You should also make sure that your attorney is committed to negotiating with your spouse’s attorney if collaboration is not working.
Collaborative divorce can be a great way to avoid court and still get a fair split from your divorce. With the help of an experienced family law attorney, you can navigate the process and come to an agreement that works for both parties. If you are considering a divorce, understand all of your options to make the best decision for yourself.
We Can Help
If you are considering a divorce, get in touch with our family law divorce team at Plekan Law. We can help guide you through the collaborative divorce process. This process has many benefits over traditional litigation, including less stress and more efficiency. We have years of experience helping couples negotiate fair splits outside of court, and we would be honored to assist you in this difficult time. Give us a call today and find out how we can help.