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 want to separate should know that there are other alternatives to litigation. If you and your spouse are willing to continue working as partners during your divorce, a collaborative divorce might be the best option.
Collaborative divorce allows couples seeking a divorce to approach their separation as partners. 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. 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 family 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 divorce. 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.
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. Collaborative divorce aims to reach amicable agreements regarding issues including, but not limited to:
- Child custody
- Child support
- Alimony
- Dividing up marital property and debts.
Participants in these talks will include you, your spouse, and both attorneys. Once everything gets nailed down, each party signs off on the final and binding written agreement.
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. While collaborative divorce may not always be easy, a lawyer supporting you will help clear up any questions or confusion.
When necessary, an attorney might recommend hiring 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. Your lawyer can keep everything 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 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. 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
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.
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 attorney can help you and your spouse through the legal nuances of this type of divorce.
Frequently Asked Questions
Many life changes accompany divorce. We know you’ll have plenty of questions when you consider a collaborative divorce in Raleigh. 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 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 attorney to guide you. 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 can make your divorce as easy as possible.