Raleigh Collaborative Divorce Lawyers
The Raleigh collaborative divorce lawyers at Marshall & Taylor PLLC, know how emotionally and financially stressful divorces are. There is no way around it, this is an emotionally taxing and challenging time. However, a divorce doesn’t have to include a lengthy, complicated court battle. Those who find themselves wanting to separate should know that there other alternatives to litigation. In fact, if you and your spouse are willing to continue working as partners during your divorce, a collaborative divorce may be the best option for you.
Collaborative divorce allows couples seeking a divorce to approach their separation as partners. If they are willing to work together to reach an amicable agreement, a collaborative divorce can be achieved in an environment in which they can communicate honestly and fully understand their options. In these cases, a skilled collaborative divorce lawyer could help Raleigh couples work together to reach an outcome that works for all parties, and saves them money and time.
Even with an experienced lawyer by your side, we know that discussing complicated topics has inherent challenges. Through our well-developed knowledge of the divorce process, we are committed to shouldering many of the burdens of your situation. At Marshall & Taylor PLLC, our lawyers have successfully helped many couples through the divorce process. To speak with a member of our team today, call 919-833-1040 or reach out via live chat or by filling out our online response form.
Do I Need a Lawyer?
During the collaborative divorce process, it is a good idea for each spouse to have an attorney to represent their interests. The goal of a collaborative divorce is to reach amicable agreements regarding issues including, but not limited to, child custody, child support, alimony, and dividing up marital property and debts. Participants in these talks will include you, your spouse, and both attorneys. Once everything is nailed down, each party, along with their lawyers, sign off on the final and binding written agreement.
Your lawyer should be present at all times to look out for you and make sure that you are aware of the legal implications of each item. Unlike a contested, acrimonious divorce, a collaborative divorce is meant to work to the benefit of both parties. While the process of collaborative divorce may not always be easy, a lawyer supporting you will help clear up any questions or confusion.
When necessary, your attorneys will recommend the presence of other neutral, third-party experts including financial consultants, psychologists, and child specialists. These specialists give you and your spouse valuable information to reach the best possible solutions for your family.
In addition to providing much-needed guidance, a collaborative divorce lawyer files the necessary paperwork with the court. Unlike contested divorce proceedings, collaborative divorces aim to avoid repeated court hearings. At the end of the day, your lawyer will make sure that everything is above board regarding your signed collaborative divorce agreement.
Why Hire Marshall & Taylor PLLC to Handle My Case?
The Raleigh collaborative divorce attorneys at Marshall & Taylor PLLC dedicate our practice to family law matters because we know how trying and emotional the divorce process can be. Whether you are going through an incredibly difficult time, or you just need cut-and-dried legal support, we are here to help you.
As dedicated members of the community, we understand the implications of sensitive family issues. With compassion and thorough representation, we aim to make the divorce process as easy as possible for you. We believe that 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 that we have assisted in the past.
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:
- Less expensive than traditional divorces
- More control over the outcome
- Less stress and anxiety
- Less formal and more private than court hearings
If these benefits are appealing to you, collaborative divorce may be for you. Many couples who opt for a collaborative divorce find that the process is more relaxed in both setting and communication. A collaborative divorce ideally provides a more comfortable environment in which you are free to communicate openly and honestly with your soon-to-be ex.
Since collaborative divorces involve both spouses and their attorneys, scheduling time to meet and discuss the situation can be better tailored to everyone’s schedule compared to contested divorces heard in court. An experienced family attorney can help you and your spouse through the legal nuances of this type of divorce.
Frequently Asked Questions
Divorce is accompanied by many life changes. We know that when you are considering a collaborative divorce in Raleigh, you’ll have plenty of questions. We’ve been helping couples in the Raleigh community for years and have fielded nearly every question in the book. We also know that the circumstances surrounding each divorce are highly unique. Read over some of our frequently asked questions and reach out to 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 divorces and mediated divorces both involve a cooperative approach, the nature of the meetings differs, however. 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 the most, if not all, of the outstanding issues related to the marriage dissolution are resolved and merely need a judge’s signature to make it official.
A mediator is a neutral third-party professional who attempts to come up with a good-faith compromise acceptable to both parties. During mediated divorces, it is still a good idea to have an attorney you can consult with during or outside of the negotiations. Though the process for a mediated and collaborative divorce differs to some degree, the goal of reaching an agreement amicably 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 a variety of factors including the motivation of both spouses and the complexity of the issues at hand. If you and your wife or husband have children and numerous assets, the process can take more time. Once you speak with a lawyer about your unique situation, they will be able to give you a better idea of your divorce’s specific timeline.
What if My Partner and I Can’t Agree?
If 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, a mediator may be brought in to attempt to help reach a mutually satisfying resolution.
With that in mind, a valid and complete collaborative divorce agreement under North Carolina law requires three important elements:
- It is written
- It is signed by the separating spouses and their attorneys
- It includes a statement requiring the lawyers to drop out if there is no final agreement.
If a collaborative divorce fails to materialize and there are still outstanding disputes, the law requires the parties to hire a new set of attorneys to handle future litigation in court. The hope with collaborative divorces, however, is that both parties will successfully 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
If you and your spouse have decided that a divorce best, and you want to work together throughout the divorce process, consider a collaborative divorce. Though the process focuses on troubleshooting, open communication, and cooperation, you still need an attorney to guide. The lawyers at Marshall & Taylor PLLC, are ready to put their years of experience to work for you and your family. Call 919-833-1040 today to speak with a Raleigh collaborative divorce lawyer who cares about making your divorce as easy as possible.