The Raleigh collaborative divorce lawyers at Marshall & Taylor PLLC know how emotionally and financially stressful divorces are for families in Raleigh, North Carolina (NC). There is no way around it. This is an emotionally taxing and challenging time, often involving significant conflict and the end of a marriage. However, a divorce doesn’t have to include a lengthy, complicated court battle. Those who want to separate should know that there are other alternatives to litigation, such as collaborative law and mediation, which are recognized and practiced throughout NC.
Even with an experienced family lawyer by your side, we know that discussing complicated topics has inherent challenges, including resolving conflicts and addressing the best interests of children. Through our well-developed knowledge of the legal process, we are committed to shouldering many of the burdens of your situation and providing advice throughout the collaborative law process. At Marshall & Taylor PLLC, our lawyers have successfully helped many couples through divorce, helping them resolve disputes and reach a positive settlement. Many issues are resolved through the collaborative process, allowing both parties to move forward with confidence. To speak with one of our legal professionals today, call (919) 833-1040, reach out via live chat, or fill out our online response form.
What is a Collaborative Divorce?
Collaborative divorce allows couples seeking a divorce to approach their separation as partners, supported by a team of professionals, including attorneys, financial experts, and financial consultants. Viewing your spouse as a partner in the collaborative process is essential for achieving fair and effective resolutions. Suppose both spouses are willing to work together to reach an amicable agreement. In that case, a collaborative divorce could be possible if they communicate honestly and fully understand their options.
Unlike traditional divorce, which is often adversarial and driven by court deadlines, collaborative divorce and other dispute resolution methods focus on cooperation and minimizing conflict. It is also important to maintain respect throughout the collaborative divorce process to help ensure a smoother and more amicable experience. If you and your spouse are willing to continue working as partners during your divorce, a collaborative divorce might be the best option.The collaborative process is a voluntary, non-adversarial method focused on mutual agreement, ongoing discussions, and maintaining focus on key issues.
In these cases, a skilled collaborative divorce lawyer in Raleigh could help couples work together. We can reach an outcome that works for all parties involved and saves them money and time. The process involves open communication, negotiation, and the involvement of other professionals as needed to resolve financial matters and other concerns.
Do I Need a Lawyer?
During the collaborative divorce process, it is a good idea for each spouse to have an attorney representing their interests. The collaborative law process aims to reach amicable agreements regarding issues including, but not limited to:
- Child custody
- Child support
- Alimony
- Dividing up marital property and debts.
- Addressing financial matters and ensuring the best interests of children and families.
Participants in these talks will include you, your spouse, and both attorneys, often working as a team with other professionals such as financial experts and child specialists. Once everything gets nailed down, each party signs off on the final and binding written agreement, resulting in a mutually agreed settlement.
Your lawyer should always be present to look out for you and ensure you know each item’s legal implications. Unlike a contested, acrimonious divorce, a collaborative divorce should benefit both parties and help resolve conflicts constructively. While collaborative divorce may not always be easy, a lawyer supporting you will help clear up any questions or confusion and provide advice throughout the process.
When necessary, an Raleigh collaborative divorce attorney might recommend hiring other neutral, third-party experts, including financial experts, financial consultants, psychologists, and child specialists. These other professionals give you and your spouse valuable information to reach the best possible solutions for your family and help resolve disputes.
In addition to providing much-needed guidance, a collaborative divorce lawyer in Raleigh files the necessary paperwork with the court. Unlike contested divorce proceedings, collaborative divorces aim to avoid repeated court hearings. Your lawyer can keep everything above board regarding your signed collaborative divorce agreement and help you navigate the legal process.
Why Hire Marshall & Taylor PLLC to Handle My Case?
The Raleigh collaborative divorce attorneys at Marshall & Taylor PLLC dedicate our legal practice to family law matters, including collaborative law, because we know how trying and emotional the divorce process can be. Whether you are going through a challenging time or need cut-and-dried legal support, we are here to help you.
As dedicated community members, we understand the implications of sensitive family issues and have a deep understanding of local community needs and client circumstances in Raleigh and throughout North Carolina. We aim to make the divorce process easy for you with compassion and thorough representation. Building trust with our clients and working hard to understand what they are going through is the best way to do business. As such, many of our clients contact us through referrals from people we have helped.
Benefits of Collaborative Divorce
Fortunately, collaborative divorces offer couples a method of official separation that is commonly more amicable than traditional divorces. In addition to being more civil, collaborative divorces provide numerous other benefits, which include:
- Expediency
- Less expensive than traditional divorces
- More control over the outcome
- Less stress and anxiety
- Less formal and more private than court hearings
- Advantages such as cost-effectiveness, emotional well-being, and positive outcomes for families and children
- The ability to maintain a positive relationship between spouses, especially when children are involved
- Helping families and children with the transition after divorce
- Outcomes that are in the best interests of all parties, especially children
- The importance of respect in maintaining a positive and amicable relationship during the collaborative divorce process
If these benefits appeal to you, collaborative divorce may be for you. Many couples who opt for a collaborative divorce find the process more relaxed in both setting and communication. Ideally, a collaborative divorce provides a more comfortable environment where you can communicate openly and honestly with your soon-to-be ex. It creates a genuine commitment from both parties to resolve issues amicably. Issues are resolved through respectful and open communication, allowing both parties to reach agreements that work for everyone involved.
Since collaborative divorces involve spouses and their attorneys, scheduling time to meet and discuss the situation can be better tailored to everyone’s schedule than contested divorces heard in court. An experienced Raleigh family law attorney can help you and your spouse through the legal nuances of this type of divorce. We can ensure the collaborative process remains focused and that all conflicts are addressed constructively.
Frequently Asked Questions
Many life changes accompany divorce in North Carolina. We know you’ll have plenty of questions when you consider a collaborative divorce in Raleigh. W’ve been helping couples in the Raleigh community for years and have fielded nearly every question in the book. Our family law firm also know that the circumstances surrounding each divorce are highly unique. Read over some of our frequently asked questions and contact us at (919) 833-1040 to discuss the specifics of your situation.
How Are Collaborative Divorces Different from Mediated Divorces?
Collaborated and mediated divorces overlap to some extent. While collaborative and mediated divorces involve a cooperative approach, the nature of the meetings differs. In a collaborative divorce, both parties and their attorneys attempt to sort things out.
Mediated divorces primarily involve the presence of both parties and one mediator. Ideally, the result is an uncontested divorce in which most, if not all, of the outstanding issues related to the marriage dissolution get resolved. In these cases, spouses only need a judge to make their agreement official. A mediator is a neutral third-party professional who attempts to devise a good-faith compromise acceptable to both parties. Having an attorney you can consult during or outside negotiations is still a good idea during mediated divorces. Though the process for a mediated and collaborative divorce differs somewhat, the goal of reaching an amicable agreement is similar.
How Long Will My Divorce Take?
Each divorce is different. In avoiding time-consuming trips to the courthouse, the hope is that the collaborative divorce process will move along efficiently. The process depends on various factors, including the motivation of both spouses and the complexity of the issues at hand. The process can take longer if you and your wife or husband have children and numerous assets. Once you speak with a lawyer about your unique situation, they can give you a better idea of your divorce’s specific timeline.
What If My Partner and I Can’t Agree?
Let’s say you and your spouse cannot settle all the issues involved in the marriage termination, even with the help of your lawyers in a collaborative divorce environment. You could work with a mediator to reach a mutually satisfying resolution in that case. With that in mind, a valid and complete collaborative divorce agreement under North Carolina law requires three key elements:
- It is written.
- It is signed by the separating spouses and their attorneys.
- It includes a statement requiring the lawyers to drop out without a final agreement.
Suppose a collaborative divorce fails to materialize, and there are still outstanding disputes. In that case, the law requires the parties to hire a new set of attorneys to handle future litigation. However, the hope with collaborative divorces is that both parties will reach an agreement that makes litigation unnecessary. The terms of a collaborative divorce are still subject to court approval, which hopefully will be a formality.
Consult with a Collaborative Divorce Lawyer in Raleigh
Consider a collaborative divorce if you and your spouse decide that divorce is appropriate and want to work together. Though this strategy focuses on troubleshooting, open communication, and cooperation, you still need an collaborative divorce attorney in Raleigh to guide you. The family law attorneys at Marshall & Taylor PLLC are ready to put their years of experience to work for you and your family. Call (919) 833-1040 today or contact us through our online form to speak with a Raleigh collaborative divorce lawyer. Our team can make your divorce as easy as possible, help you resolve disputes, and support your family through this important transition.