Collaborative Divorce, also referred to as Collaborative Law, embodies an approach centered on the client’s needs and resolution-oriented strategies for navigating the divorce process, eliminating the need for courtroom proceedings and the determination of outcomes by a judge.
Collaborative
Divorce
Collaborative
Divorce
Collaborative Divorce, also referred to as Collaborative Law, embodies an approach centered on the client’s needs and resolution-oriented strategies for navigating the divorce process, eliminating the need for courtroom proceedings and the determination of outcomes by a judge.
Understanding Collaborative Divorce
In lieu of initiating formal court proceedings and undergoing hearings before a judge, Collaborative Divorce (also referred to as Collaborative Law), requires each spouse to enlist the services of an attorney specially trained in collaborative law. The couple and their respective attorneys engage in conferences where in-depth discussions revolve around the distinct needs, concerns, and objectives of each spouse, and if applicable, their children. These conferences focus on:
1. Custody schedules and co-parenting
2. Finances, Expenses, and Support
3. Property, assets, and debts
It is important to note that if an agreement cannot be reached during the collaborative divorce process and court action is required, each party must hire a new attorney to represent them in court. Everything that was said during the collaborative divorce process is considered privileged and confidential and cannot be used in court proceedings.
Common Questions about Collaborative Divorce
How do I know if Collaborative Divorce is an option for me?
Everyone’s situation is unique, and Collaborative Divorce is one of the options for navigating the divorce process. When you schedule an initial consultation with a Collaborative Divorce attorney, they will listen to your situation, and walk you through the different options for the divorce process in North Carolina.
What happens if we don’t come to an agreement through the Collaborative Divorce process?
While the majority of Collaborative Divorce proceedings end with a signed settlement agreement, sometimes an agreement is not reached and the parties proceed to court. When this happens, each party must hire a new attorney to represent them in court. Everything that was said during Collaborative Divorce proceedings is considered privileged and confidential and cannot be used in court proceedings.
What is the difference between Collaborative Law and mediation?
In mediation, each spouse is represented by an attorney, and there is an unbiased 3rd party communicating between the two parties and their attorneys in an attempt to reach an agreement. If an agreement is not reached in mediation, each spouse can continue working with their attorney for court proceedings. In Collaborative Law, the spouses and their collaborative divorce attorneys all work together to reach an agreement. If an agreement is not reached in Collaborative Law, each spouse must hire a new attorney for court proceedings. If appropriate, 3rd party professionals such as a financial specialist, mental health professional, and/or divorce coach may join the Collaborative Law team to help the parties reach an agreement.
What are the fees for Collaborative Divorce?
The process will begin with a comprehensive initial consultation with a collaborative divorce trained attorney to determine if Collaborative Law is appropriate for your situation. The fee for the initial consultation is $300. If it is determined that Collaborative Law is a good fit, you will leave the initial consultation with an initial retainer quote to get started with your Collaborative Law matter.
Do all meetings involve my spouse and his/her Collaborative Divorce attorney?
No. You and your attorney can have confidential meetings to discuss any questions or concerns.
Can my spouse and I use the same Collaborative Divorce attorney?
No. Each spouse must independently meet with and hire a Collaborative Law attorney to represent them in the Collaborative Divorce process.
If an agreement is reached, do I get some sort of document with the terms of the agreement?
Yes. When an agreement is reached, the attorneys will draft a legally binding document that both parties will sing in front of a notary.
Are we required to involve 3rd party non-attorney professionals?
No. During the first collaborative conference, the couple and their attorneys will meet to review and sign the Collaborative Divorce Agreement and determine the need for 3rd party non-attorney profession involvement.
Can my Collaborative Divorce attorney represent me in court?
No. If an agreement is not reached, per the Collaborative Divorce Agreement that all parties will sign, neither collaborative law attorney can represent their client in court.
Will I have to provide financial documents throughout the Collaborative Law process?
During conferences where all parties are present, relevant information is exchanged and reviewed to foster transparent communication in hopes to work toward an agreement that is in the best interest of the spouses and their children.
Start Your Collaborative Divorce Journey
Ready to explore collaborative divorce with experienced guidance? Schedule a consultation with New Direction Family Law today and pave the way to a respectful resolution. Call or fill out or contact form today.
