Collaborative Divorce

  The collaborative divorce process is one of the most respectful ways to separate. When the parties need legal representation to help guide them through their legal issues but do not want to litigate, posture and fight, then the collaborative divorce is for them. A collaborative divorce describes a process where each party intentionally hires a trained collaborative lawyer. The collaborative attorneys and their clients agree to work together in an out-of-court, problem-solving, non-adversarial process. The most typical legal issues that are addressed through the collaborative law process are: post separation support, alimony, child custody & visitation, child support and the division of assets and debts. 

  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. The parties are to voluntarily disclose all relevant information and act in good faith settlement negotiations Bickering about producing documents or the threat of court is not tolerated. Both collaborative lawyers are limited to representing the parties in the process.   

  In collaborative practice, the parties and their professional team communicate and negotiate directly with one another in a structured settlement process. The collaborative process is designed to allow for innovative solutions and approaches to assist in reaching settlement. 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. 

  The cornerstone of collaborative law is the four-way meeting. These four-way meetings serve as settlement conferences, assisting the parties in facilitating a resolution of their case. There may be numerous four-way conferences before a final settlement can be reached. You always have access to your attorney outside of the four-way meeting and privately during the four-way meeting, if needed.   

  The parties may agree to employ joint appraisers, accountants or other such professionals that may be able to provide better information to the road of settlement. 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. 

  If unsuccessful, both lawyers must withdraw, and the parties will need to hire new lawyers for litigation. Statistically, over 90% of cases that start in the collaborative process result in a settlement. Those are odds worth taking.   

  To read more or invite your spouse to this process, you can visit our sister site at www.raleighfamilymediation.com for more information.