Does Collaborative Law Only Work With “Amicable” Divorces?

Many spouses believe that collaborative law only works with amicable divorces. These spouses believe that this legal process is reserved for those couples who go their separate ways with no hard feelings whatsoever, perhaps after coming to the conclusion that it is just not working anymore. This might sound familiar. Perhaps you and your spouse have agreed that it is in everyone’s best interests to call it quits. Maybe there was no particular reason you decided to end the marriage, and there was no misconduct whatsoever. You might even want to remain friends with your ex after the divorce. In this situation, collaborative divorce might sound like the obvious option.

However, this situation might also sound completely alien to you. Your relationship might have ended in a much less amicable way. Perhaps you absolutely despise your ex. Maybe the marriage ended because of serious misconduct. You might even never want to see your spouse again after the divorce is resolved. But does this really mean that collaborative divorce is not an option? Do you really need to be on good terms in order for this process to work?

If you would like to learn more about your options, consult with a divorce attorney in North Carolina before you make any major decisions. If you are considering a collaborative divorce, you should meet with a lawyer who has experience in this specific area. Each divorce is different, and spouses may have all kinds of feelings toward each other as they approach a divorce. Our qualified divorce attorneys can help you determine whether or not collaborative law is the right choice for you.

Technically speaking, you should be allowed to enjoy the benefits of a collaborative divorce. Even if you and your spouse cannot stand to be in the same room together, you can still take advantage of this process and resolve your divorce quickly. In fact, it might be in everyone’s best interests to get it over with as quickly as possible. A litigated trial can drag on and on, increasing feelings of bitterness and resentment. On the other hand, the collaborative process can wrap up a divorce in a matter of weeks, meaning that these feelings never get a chance to fester.

If you genuinely cannot stand to be in the same room together, a collaborative divorce might not work. This process requires at least some degree of communication between the spouses, and you will need to meet during a few sessions to hash out the details of your separation agreement. But with that said, you can also have your attorney speak on your behalf, and your spouse can do the same. This means that although you might be in the same room together, your attorneys can do most of the actual negotiating. This helps you avoid potential arguments. As long as you can make it through four to six sessions, you will never have to deal with your spouse again.

On the other hand, collaborative divorce is much easier if both spouses are on the same page before the negotiations take place. Many spouses like to meet before these sessions to privately discuss the details of their divorce. This ensures that the separation agreement can be drafted quickly and efficiently in just a few sessions. It might be a good idea to do this, especially if you want to keep legal costs to a minimum. Of course, meeting with your spouse and agreeing upon the various details of your divorce is much easier said than done, and this may only be possible if you are on good terms with your ex.

If you have been searching the North Carolina area for a qualified, experienced divorce attorney, look no further than Arnold & Smith, PLLC. Over the years, we have helped numerous spouses resolve their differences. We have considerable experience with collaborative divorce, and we can guide you through this process.

Divorces are always easier if couples split amicably, but we know that this is not always possible in the real world. Fortunately, collaborative divorce is still a viable option for you, even if you and your spouse do not exactly see eye-to-eye. Book your consultation today, and we can help you go over all of your legal options.