At Wilson, Reives & Doran, our collaborative divorce attorneys understand the emotional and financial challenges that come with divorce. But it’s important to know that divorce doesn’t have to involve a long and complicated court battle. If you and your spouse are willing to work together during this difficult time, a collaborative divorce might be the ideal solution.
What is Collaborative Divorce?
A collaborative divorce offers a more private and civil alternative to “fighting it out” in court. It reduces the stress and emotional trauma that divorcing spouses and their children might experience during litigation. The objective is for both parties to reach a mutual agreement that is fair and balanced. This process is also more convenient, less costly, and less time-consuming than traditional divorce, especially in cases that would otherwise involve extensive litigation.
Collaborative divorce is particularly beneficial for parents who wish to move forward positively and establish a foundation for continued family interaction. We can assist you in finding realistic and workable solutions that enable both parties to progress with their lives without subjecting your children or your reputation to the high-conflict situations often seen in contested cases. Note that in North Carolina, the couple must still be separated for one year and one day before filing and finalizing their divorce.
How Collaborative Divorce Works
Instead of starting formal legal actions and appearing before a judge, both spouses hire attorneys who are specially trained in collaborative law. Together with their attorneys, the couple participates in meetings that examine each person’s unique needs, concerns, and goals, including those of their children if applicable. The discussions typically cover:
What happens if we don’t reach an agreement through the Collaborative Divorce process?
While most Collaborative Divorce cases end with a signed settlement, there are instances where the parties cannot agree and must proceed to court. It’s important to understand that if the couple cannot reach an agreement through the collaborative process and must go to court, they are required to hire new attorneys for litigation. Additionally, everything discussed during the collaborative sessions remains confidential and cannot be used in court proceedings.
Can my spouse and I share the same Collaborative Divorce attorney?
No, each spouse must individually consult with and hire their own Collaborative Law attorney to represent them during the process.
Are we required to involve third-party professionals who are not attorneys?
No, involving non-attorney third-party professionals is not mandatory. During the first collaborative meeting, you and your attorneys will review and sign the Collaborative Divorce Agreement and decide if there’s a need for additional professional involvement.
Benefits of Collaborative Divorce
Choosing a collaborative divorce offers several advantages over traditional litigation:
Mediation vs. Collaborative Divorce
While both mediation and collaborative divorce are cooperative approaches, they have key differences:
As a reminder, even if the couple proceeds with negotiations through mediation or collaborative law, they must still be separated for one year and one day in North Carolina to file and finalize their divorce.
Consult with a Collaborative Divorce Lawyer
If you and your spouse are considering divorce and wish to work together, a collaborative divorce may be the best path forward. While this approach emphasizes problem-solving and cooperation, legal guidance is essential. The divorce attorneys at Wilson, Reives & Doran are ready to use their experience to support you and your family.