Collaborative law provides a less adversarial way to resolve divorce issues such as marital property division and child custody. While litigation can create hostility that lasts long after the divorce is finalized, collaborative law gives both parties the opportunity to reach an agreement they can live with.
At Kennedy Law Associates in Charlotte, North Carolina, our lawyers are here to represent you during the collaborative law process and help you achieve an amicable and efficient resolution of your divorce.
What Is Collaborative Law?
In North Carolina, “collaborative law” is defined as a procedure in which a husband and wife who are separated and are seeking a divorce, or are contemplating separation and divorce, and their attorneys agree to use their best efforts to make a good faith attempt to resolve their disputes arising from the marital relationship on an agreed basis. The procedure shall include an agreement by the parties to attempt to resolve their disputes without having to resort to judicial intervention, except to have the court approve the settlement agreement and sign the orders required by law to effectuate the agreement of the parties as the court deems appropriate. N.C.G.S. § 50-71.
Like mediation, collaborative law is a less adversarial way to resolve issues related to your divorce. Collaborative law is a more formal process in which each side is represented by an attorney who is trained in the collaborative law process.
In the collaborative law process, you and your spouse will sit at a table with your attorneys, who will advise you about the law and guide you through the process. You can bring in specialists, such as financial advisors and child care specialists, to help you resolve specific issues. Collaborative law can be used to resolve all issues of your divorce or just certain issues that are difficult for you and your spouse to resolve.
The collaborative law process allows both sides and their attorneys to work together to reach an agreement. If you and your spouse are unable to reach an agreement, you can proceed to litigation. However, you and your spouse would be required to hire new lawyers. This provides the lawyers an incentive to help you reach an agreement.