By: Attorney Annelisse Velazquez-Fernandez
A family law case does not always have to involve a courtroom battle. For some couples, the collaborative process offers a more private, cooperative way to resolve the issues that come with separation. In North Carolina, the collaborative law process allows spouses to work toward a settlement with the help of their own attorneys, while agreeing to resolve their disputes outside of court.
How Does Collaborative Divorce Work?
Each spouse will hire a collaborative attorney and everyone will sign an agreement committing to work toward a negotiated resolution rather than litigation. The process typically involves a series of joint meetings where both spouses and their attorneys, along with any neutral professionals, work together at the table to identify issues, exchange information, and develop solutions. Unlike traditional litigation, these conversations happen collaboratively rather than through formal court filings and adversarial motions. If the process breaks down and the spouses decide to litigate, the collaborative attorneys generally must withdraw. The spouses then must hire new attorneys to litigate.
The collaborative process can address issues such as:
- Equitable Distribution
- Spousal Support
- Child Custody
- Child Support
Financial, valuation, or family professionals also participate as needed.
Why Consider Collaborative Divorce?
Collaborative divorce may be a good option if you and your spouse want to:
- Maintain more control. Instead of having the court decide important family and financial issues, you work together to create your own agreement.
- Reduce conflict. The process focuses on problem-solving rather than taking adversarial positions in court.
- Protect your children. Parents who will continue co-parenting may benefit from a process designed to preserve communication and reduce unnecessary hostility.
- Maintain privacy. Unlike litigation, which involves a public online portal for pleadings, the collaborative process protects the privacy of your children, the marital estate, and other sensitive family law matters.
- Address complicated finances creatively. Business interests, investments, retirement accounts, real estate, and other assets can often be addressed with the assistance of appropriate professionals.
When Collaborative Divorce May Not Be Appropriate
Collaborative divorce depends on good-faith negotiation and honest disclosure. It may not be the right choice when there are concerns involving:
- Domestic violence or intimidation
- Hidden assets or financial dishonesty
- A significant imbalance of power
- A spouse who refuses to provide information
- A need for immediate court intervention
- A spouse who is unwilling to genuinely negotiate
Is Collaborative Divorce Right for You?
You do not have to agree with your spouse on everything for the collaborative process to work. The more important question is whether both of you are willing to exchange information honestly, receive independent legal advice, and make a genuine effort to reach an agreement. For couples who want greater control, privacy from public proceedings, and a less adversarial path forward, collaborative law may be the right fit. Contact our team today to discuss whether this approach makes sense for your situation.