Collaborative divorce is a divorce option for couples who wish to resolve their disputes peacefully, while maintaining respect for one another and without going to court.
Why Collaborative Divorce
Divorce, irrespective of the reasons, is tough emotionally. Often the process gets more difficult due to unending litigation, which further fuels the deep seated animosity between the ‘once-married’ couple, who now practically hate each other. This is not only expensive, but can have severe emotional impact on the child/children. Collaborative divorce ensures that divorce occurs in civilized way, so that dignities of both partners are intact and with minimum impact on children.
Elements of Collaborative Divorce
In a North Carolina collaborative divorce, each partner has his own collaborative attorney. The two attorney-client teams work with each other and with a range of expert professionals to resolve all important post-divorce issues like spousal support/alimony, child custody and support, property division etc. The expert professionals may include financial consultants, child psychologists and others who provide their expert opinion on a particular area with a view to resolving conflict in that area. Collaborative divorce is not about who wins or loses, but rather about both parties reaching a win-win solution.
The Collaborative Divorce Process
Prior to initiating the collaborative process, a Participation Agreement is signed between the two clients and all professionals involved, including the attorneys. The Agreement states that there will be full disclosure of financial matters and absolute confidentiality maintained on all matters discussed. It also states that both parties will reach a written agreement on all issues without going to court. A stipulation of the Participation Agreement is that all professionals including attorneys will withdraw their services, if either party decides to litigate.
Once all issues are resolved and the separation agreement is finalized, the respective attorneys initiate the legal paperwork to get the official divorce decree from court.
Advantages of Collaborative Divorce
After divorce, spouses are often required to constantly meet and work with each other, especially if children are involved. Collaborative divorce ensures that spouses are able to maintain respect and cordiality for each other.
We at McIlveen Family Law Firm have trained collaborative attorneys who can help you through your collaborative divorce. We ensure that agreements reached on all issues are based on expert opinions and in a manner that has your best interests at heart.
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