Collaborative Law Examples

You may have heard of collaborative law in North Carolina, but what does this legal process actually look like in action? How do couples use this strategy to deal with their divorces in an efficient manner? Is it true that collaborative divorces can be quicker and cheaper than litigated divorces? Sometimes, the best way to figure out how this process works is by looking at a few hypothetical scenarios. Most couples want to deal with the same basic problems as they approach divorces. These include disputes related to child custody, child support, property division, and alimony.

Before we examine a few specific examples of how these problems might be resolved with the collaborative divorce process, it is important to understand that each situation is unique. Your own personal concerns are best addressed by a qualified divorce attorney in North Carolina. Our legal professionals can address your specific situation and help you approach a collaborative divorce in the best way possible. Although internet research can give you some idea of how general disputes may be resolved, the only way to receive targeted legal advice is to book a consultation with a divorce attorney.

Jimmy and Sarah want to get a divorce, and they have two children. Both spouses agree that putting the children through a prolonged divorce trial could be detrimental to their psychological well-being, and so they opt for a more civilized, cooperative approach. By choosing a collaborative divorce, they can resolve their differences without going through a combative, divisive trial. They also have more freedom when it comes to things like parenting time, and they can choose the best options based on their work schedules and geographical locations. In contrast, a judge might enforce a parenting agreement that makes the entire family less happy during a litigated divorce.

Frank and Michelle are getting divorced, and their children will soon graduate from high school. Michelle will be the primary custodial guardian, but she is concerned about how she will pay for college tuition as a single mom. Frank agrees that he will continue to pay child support past the age of 18 in order to ensure his children get a solid education. During the collaborative divorce process, they both sign a separation agreement that enforces this. Under a normal litigated divorce, this would not be possible because North Carolina states that child support always ends at the age of 18.

Ronald and Veronica are splitting up their property during a divorce. The main subject of concern is the family home, which they purchased during their marriage. Ronald has been forced to move out and is now living in a motel. He needs money for a new home. But Veronica does not want to sell the house because she also needs a place to live. After careful negotiations with the help of their attorneys, these spouses sign an agreement to sell the home and split the proceeds, allowing each of them to buy their own separate properties. In contrast, a judge might order the spouses to continue co-owning the home in a litigated divorce, causing bitterness and resentment.

Both Jennifer and Peter are getting divorced, and they know that Jennifer will receive a considerable amount of alimony under North Carolina law. But this is an amicable split, and Jennifer does not want to place an unnecessary financial burden on Peter. She is also set to inherit a large amount of money, and she earns a solid income. Finally, both spouses believe that alimony is a somewhat antiquated concept, and it does not make sense in a modern era when women are perfectly capable of working. As a result, they agree that no alimony will be necessary, and they sign off on this decision in their separation agreement.

If you have been searching for a qualified, experienced divorce attorney in North Carolina, look no further than Arnold & Smith, PLLC. Over the years, we have helped numerous spouses in the Tar Heel State, and we know that you may have unique concerns as you end your marriage. Some of the above examples may seem like they apply to your situation, but you really need to talk things through with an attorney to craft a personalized separation agreement that serves your best interests. Book your consultation today, and we can help you begin this process.