The decision to divorce does not have to be filled with stress, anxiety, and fighting. Divorce does not have to be a struggle or a financial burden. In the collaborative process, families come together to make the decisions that will ultimately impact the rest of their lives in a low stress environment.
Many people don’t want their lives displayed in public or even want a person to hear a snippet of their lives and then have the ability to make decisions that will impact all aspects of their lives. Collaborative divorce gives divorcing couples that power back.
Who knows you better than “you?” So shouldn’t you be in control of your life who makes your decisions.
Collaborative law uses a four way approach or team approach where the parties sit down as a collective team and share their finances, resources, and supports systems. Each party is represented by an attorney who agrees to sign a contract to withdraw if the parties fail to reach a settlement. This assures that the parties use their best efforts to reach an agreement.
The General Statutes Chapter 50 provide definitions for collaborative law. The laws can be found under NC. Gen. Stat. §50-70-§50-79.
- They provide that an agreement between the parties must be in writing
- The parties will use best efforts and make good faith attempts to resolve their disputes
- If no settlement is reached, the attorneys will withdraw and not continue to litigation
- The law allows for the tolling (suspension) of time periods during the process, including all filing deadlines, discovery requests, hearings or trial notices
- The Court does Not have to be given notice of the agreement, unless certain conditions are met explained in §50-74
- All of the statements, communications, and evidence produced for or arising from a collaborative process are privileged and inadmissible in court. This includes all work done by attorneys and third-party experts hired by the parties.
- The parties are not restricted from using other forms of mediation and arbitration
The Benefits of a Collaborative Divorce
- You are in control of the process
- The cost is more affordable and manageable than traditional litigation
- The process is private and Never has to be done in a courtroom
- Your personal issues are Never on display
- You can control how long the process takes
- The process encourages communication between the parties
- The process takes into consideration the needs of the children
- The process brings together the legal, emotional, financial and practical needs of the client when reaching a decision
- The process focuses on building relationships rather than severing them
- Collaborative law creates “win-win” solutions for both parties
If you are looking for seasoned collaborative divorce attorneys in Raleigh, give us a call!