What is it?
Collaborative Divorce is a legal process for resolving divorce and family law disputes. Separations, marital property division, child custody, child support, and spousal support issues can be handled through the Collaborative Process. Collaborative Divorce is the process of resolving the legal issues of a divorce through Collaborative Law.
Is it encouraged by North Carolina Courts?
Collaborative Divorce is established, regulated and protected by North Carolina law (it is a statutory process, in legalese). Sections 70 through 82 of Chapter 50 of North Carolina's statutes provide the legal requirements for lawyers, judges, and parties involved in the Collaborative Process. North Carolina's judges will put a case on hold for people who want to resolve their dispute collaboratively.
How does it work?
The Collaborative Law process involves the parties and their family law attorneys working together to resolve their divorce or family law conflict outside of court. Collaborative Divorce involves the following steps:
1. Information Gathering: This involves assembling and reviewing financial information and information about children’s’ needs.
2. Identifying the parties’ interests and needs: This involves identifying what each party truly needs in order to move forward, including financial, parenting and scheduling needs.
3. Brainstorming potential resolutions: Both parties and attorneys discuss possible solutions together.
4. Selecting resolutions: Possible solutions are evaluated and eliminated until the best solutions are identified.
5. Executing a legal agreement: This can take the form of a binding Separation Agreement, parenting plan or other agreement that formalizes the agreed resolution.