Couples in North Carolina who find that their marriage cannot continue have options. One of them is collaborative divorce. If you’re interested in an alternative way to end your marriage, you should know what this method entails.
What is collaborative divorce?
Collaborative divorce is an alternative to a traditional court divorce and uses a process where you and your spouse work with attorneys to settle all your issues out of court. You can avoid litigation while negotiating on anything of concern such as alimony, property division, child custody and visitation.
How does collaborative divorce work?
In order to have a successful collaborative divorce, you and your spouse must agree to work together and compromise to settle matters of concern. The process begins with each spouse and their respective attorneys signing a document known as a participation agreement. This is a legal document that states that the parties agree that their attorneys will withdraw if they have to go to litigation if they aren’t able to reach an agreement. In that situation, the spouses are required to retain new legal representation.
Once collaborative divorce starts, each person meets with their attorney separately to discuss their goals. Afterward, everyone meets collectively and other professionals may be brought in to help. Who participates depends on the issues concerning the divorce.
After an agreement is reached, the divorce can go through. The process allows for an uncontested divorce to take place.
What are the benefits of collaborative divorce?
Collaborative divorce is a faster process than a traditional court divorce. It’s also less expensive and gives both parties the opportunity to settle all matters of concern on their own while taking control of the proceedings. If there is any particular issue that’s sensitive in the divorce, you might be able to work through them with the help of a specialist in that field.
You and your estranged spouse can decide how to handle any potential disputes after you reach a settlement in your divorce. The process can also help you avoid unnecessary contention.
If you prefer avoiding court, collaborative divorce might be right for you.