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Collaborative Divorce

Collaborative Divorce 2017-03-11T14:18:39+00:00
  • Kind, Just, Equitable
  • Family-Focused
  • Private, Out of Court

Collaborative Law Proceedings provide a structured way to make the parenting and financial decisions that must be made when a marriage ends. The goal of the proceedings is a legally binding separation agreement or court order by consent that incorporates these decisions.

Divorce without Going to Court

Collaborative Law is designed to create a legally-binding divorce agreement outside the courtroom. North Carolina state law requires that both parties participating in a Collaborative Divorce agree not to go to court, and both attorneys agree to withdraw from representation should either divorcing spouse decide to sue the other.

The Interest-Based Negotiation Model

Divorce courts are limited to imposing one-size-fits-all rulings on families. Attorneys trained in Collaborative Law know how to look at the situations of both spouses, identify the true underlying needs, and develop customized solutions that accommodate the family’s specific situation. Collaborative Law can produce settlements that are superior to court-directed resolutions.

Reduced Conflict

Divorce court proceedings often create escalated conflict and cut off the possibility of cooperation. For example, clients might be advised to withdraw funds from joint accounts without notice, which can inflame the situation. Collaborative Law divorce proceedings are designed to reduce conflict by effectively managing emotions and focusing on what serves the long-term interests of the family and children.

A Team of Specialists

In Collaborative Law, divorcing spouses benefit from the combined expertise of professionals from different disciplines. For example, child development experts can help inform custody and visitation arrangements while financial planners can create a financial plan for an optimal joint asset allocation.

Mark and Kerry can answer your questions and help you and your spouse understand the benefits of Collaborative Divorce. Call or email to schedule a Collaborative Consult in their Raleigh or Durham location.