Going through the divorce process can be an arduous journey for spouses and children. Under the best of conditions, reaching an agreement and figuring out how to share rights, responsibilities, and parenting time is not easy. Spouses must decide how they're going to handle matters of physical custody, legal custody, financial arrangements, and parenting [...]
Divorce is often thought of in terms of its legal and financial costs. And it's true, divorce can be costly. However, the emotional costs of a contentious divorce can be equally, if not more, devastating. Divorce can also take a toll on one's self-esteem and sense of self-worth. The end of a marriage can lead [...]
If you are considering collaborative divorce, you may be wondering how to know whether it is the best solution for you. We believe that collaborative law is the best choice for most couples, but we also acknowledge that it isn’t right for everyone. If collaborative divorce is right for you and your spouse, it can put [...]
Let's face it. Divorce has a reputation somewhat synonymous with "war." Movies have been made about it. There always seems to be another high-profile knock down drag out divorce in the news. There almost seems to be a cultural expectation that divorce will become war. But does it have to be this way? To [...]
Chapter 50 Chapter 50 of the North Carolina General Statutes governs the practice of collaborative law in North Carolina. Section 50-71 sets forth various essential definitions to the practice. It defines collaborative law as: “A procedure in which a husband and wife who are separated and are seeking a divorce, or are contemplating separation [...]
When going through a divorce, most people simply want it to be over. They are often dealing with a range of painful emotions from feelings of betrayal and sadness to anger. It's hard to imagine the future and especially what they're post-divorce relationship might be like. Many people have reported that when they are going [...]
For young children, mom and dad are their world. The family is the hub of their existence. Their dependence on the family is intrinsically connected to their sense of who they are. This is especially true for pre-adolescent children. Naturally, when divorce disrupts this locus of security and self-worth, it can be confusing, scary [...]
The Collaborative Divorce option is becoming more widely known and used, and it’s being propelled by high profile divorces in which couples consciously choose to stay away from the traditional adversarial process for negotiating a settlement. Jeff Bezos, founder and CEO of Amazon, is apparently the latest to embrace a more collaborative approach to divorce. [...]
Collaborative law is a modern way of resolving disputed issues. It is an alternative method of dispute resolution that takes the matter out of the context of traditional litigation (position-based bargaining) and incorporates an interest-based negotiation model. The goal of the collaborative law process is to reach a resolution of all disputed issues that is [...]
As more people learn about the benefits of collaborative divorce, one of the most common questions that comes up is "How is collaborative divorce different from divorce mediation?" What is Divorce Mediation? Divorce mediation is an alternative dispute resolution process (ADR) where a neutral third-party (Mediator) helps the spouses in reaching a resolution of all [...]
Divorce is a time often fraught with worry and uncertainty. Many people experience an onslaught of conflicting and overwhelming emotions. Those things are true for adults who have at least some understanding and often somewhat reasonable expectations about what to expect. For children who are facing the process of divorce, it can be a [...]
If you are considering divorce in North Carolina, there is something you should know. It's a secret that some divorce lawyers might not want you to know. The secret is that only about 10% of divorce cases ever actually go to trial. The other 90% are settled. Unfortunately, these settlements often occur only after the [...]
There is no way around it. Divorce is hard. But let’s forget about the actual legal process of getting a divorce for a moment, and simply consider the circumstances leading up to it. Even when both parties have agreed to end the marriage, it can be a dreadfully painful experience. Many people have said that [...]
While collaborative law is a process where the parties agree to negotiate a mutually acceptable resolution of the disputed issues without going to court, each party is still represented by their own collaborative divorce attorney. Like divorce lawyers in traditional litigated matters, your family attorney will act as an advocate for your interests. They [...]
We know it can be difficult to talk to a spouse about divorce in general, but add in the task of trying to interest them in learning about collaborative divorce, and it probably feels like climbing Mt. Everest. So we put together the following steps and hope they can be helpful. Admit you are scared about what the [...]
I recently heard someone use the term "amicable divorce" when they described collaborative divorce. I've never used that term to describe collaborative divorce, and it got me wondering why. It seems like "amicable divorce" is maybe a quick and easy way to explain what I do. "I help people have an amicable divorce." But that's [...]
We had a call the other day from someone facing divorce. He wanted to know more about the collaborative divorce process. He said he was intrigued by the possibility of a collaborative divorce, but he also wanted to be protected in the divorce. He said he was thinking he might need to call the law firm that [...]
Can counseling hurt you during a divorce? The answer is a resounding yes, if the divorce goes through the traditional process of court litigation. The answer is a resounding no, if the alternative—collaborative divorce—is chosen. We see a lot of people who are in tremendous emotional distress. They are wondering if their marriage is headed [...]
In North Carolina, you can't get divorced until you've been physically separated for at least a year. During the separation period there's a need for two homes while you're still married. If you rent an apartment as the second home, then it can be relatively simple. But if you want to buy a second home [...]