The word “law” in collaborative law is misleading. It would be more appropriate to use the word “approach” or “process.” Collaborative law refers to an approach to resolving the legal issues that arise during the parties’ separation. The premise of collaborative law is to allow for a peaceable resolution through a process of joint participation versus the adversarial system of litigation that everyone expects. The most typical legal issues addressed through the collaborative law process are: post separation support, alimony, child custody & visitation, child support, and the division of assets and debts.
Here in Wake County, the primary feature of the collaborative law process is the involvement of Raleigh Family Law attorneys on both sides of the dispute who have committed to handle the case within the guidelines of the collaborative law model. A critical component of the collaborative law model is the limitation that the Raleigh Divorce attorney will represent the client only in the negotiation process and will be disqualified from representing the client should the process break down and either side choose to litigate the dispute. Raleigh Family Law attorneys practicing collaborative law have found that this process allows the participants to approach negotiations without the litigation-based posturing which many times interferes with the settlement process. Creative solutions are often the result when the collective problem solving skills of both attorneys and both clients are focused on reaching an agreement rather than on preparing or building their case for court. Collaborative law is an alternative dispute resolution technique that enables participants to resolve issues in a cooperative manner rather than in an adversarial atmosphere that may involve litigation. Collaborative Raleigh Divorce attorneys assist their clients in problem solving that creates solutions and achieves settlements.
An important component of Raleigh collaborative law is the four-way meeting. These four way meetings include both Raleigh Family Law lawyers and both spouses working together to solve problems and create solutions that fit the particular needs of the parties. Four-way meetings serve as settlement conferences, assisting the parties in facilitating a resolution of their particular case. There may be numerous four-way conferences before a final settlement can be reached. The parties will agree to employ joint appraisers, accountants or other such professionals thus alleviating unnecessary or duplicate costs. Another important component of the practice of collaborative law is the agreement between all participants to provide full and open disclosure of all relevant information and documents. This approach helps minimize the game playing and delay that sometimes accompanies the discovery process in litigation. The final settlement once reached will be drafted and may be in the form of a legally binding separation agreement or a consent order that is submitted to a Judge for approval.
Although the underlying theme of collaborative law is settlement without litigation, there are no guarantees regarding settlement that can be made to any individual, whether that individual seeks to resolve their matter through the collaborative law approach or any other process. However, with the threat of litigation removed from the equation, parties are more apt to negotiate fairly and cooperate with one another, and it costs much less than a case that has to be litigated.
Choosing the right family law attorney in Raleigh for your divorce or separation is the single most important decision you will make during this process. Make sure you have an experienced Raleigh Family Law advocate in your corner.
For more information about Collaborative Law, contact The Law Corner at 919-424-8319 or fill out our contact form. At The Law Corner, we are always in your corner, ready to fight for what you deserve. In the meantime, take advantage of the North Carolina Legal resources we have made available to you so that you can get all of the information you need to make the best legal decisions.
The Law Corner divorce attorneys in Raleigh can help explain the divorce process to you and help you with other divorce related issues, to include, but not limited to, the following:
Qualified Domestic Relations Order (QDRO)
The Law Corner Attorneys help people all over Wake County to include the following areas: Knightdale, Wake Forest, Raleigh, Morrisville, Apex, Wendell, Zebulon, New Hope, Cary, Rolesville, Fuquay-Varina, Holly Springs, and Garner.