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Is It Possible to Get a Divorce Without Going to Court?

If you are approaching a divorce, you might be dreading the prospect of going to court. This is an understandable feeling, as the trial process can be stressful, time-consuming, and expensive. Let’s face it – most divorcing couples are already dealing with more than enough stress due to the emotional strain of a breakup. The last thing they need is a complex and frustrating legal process that piles even more problems onto their plate. But what if there was another way? What if there was a process that allowed spouses to resolve their divorces without ever stepping foot inside a courtroom? Well, the good news is that this option exists, and it is called collaborative law.

In order to take full advantage of this option, you will need to get help from a qualified family law attorney who has experience with collaborative law. Our legal professionals can guide you through this process. Although the idea of resolving your divorce without going to court can seem confusing at first, you will soon discover that this process is quite straightforward. That being said, it is important to work with an attorney you feel you can trust. Collaborative divorce requires you to work closely with your divorce lawyer in a relatively informal setting. This means that you will need to book a consultation with a divorce attorney in order to get a sense of their personality and general philosophy toward collaborative law.

The Basics of a Collaborative Divorce

So how is it possible to get a divorce without ever setting foot in a courtroom? The answer revolves around something called a separation agreement. If both spouses draft a separation agreement ahead of time, they can simply present the agreement to the family court, have this document approved, and finalize their divorce without having to go through a typical divorce trial. A separation agreement is basically just a legal contract – signed by both spouses and drafted by their respective attorneys.

How Do I Draft a Separation Agreement?

In order to draft a separation agreement, you and your spouse will first need to agree upon virtually every aspect of your divorce. This includes matters related to child support, child custody, property division, and alimony. You and your spouse might already be on the same page when it comes to some of these areas. For example, you might both agree that shared physical and legal custody is the best option for the whole family. However, you might not agree on how other aspects of your divorce should be handled. So how do you deal with this situation?

In order to resolve these disputes, you and your spouse will need to meet with your respective attorneys and negotiate. Divorce lawyers with training in collaborative law bring considerable negotiation skills to the table. These professionals are particularly adept at helping spouses move past impasses and disagreements. Even the most stubborn spouses can be convinced to compromise with the help of a skilled collaborative divorce attorney. They can use various tactics to help spouses come to a mutual agreement.

For example, spouses might be unsure of how to deal with the family home. One spouse might want to sell the home and split the proceeds, while the other might want to keep the home and continue to co-own it. A collaborative divorce attorney might step in and suggest that one spouse provides the other spouse with another asset of equal value in order to keep sole ownership of the property.

After all of these disputes are handled, both attorneys draft the separation agreement. This agreement contains the details of all the agreements made during the negotiations. At this point, all you need to do is take the agreement before a judge during a hearing.

Enlist the Help of a Qualified Attorney Today

If you have been searching for an experienced divorce attorney in North Carolina, look no further than Arnold Smith, PLLC. We know that collaborative divorce can seem a little confusing at first, but it is actually simpler than you might think. It is also much easier and convenient than a litigated divorce while being considerably less complex and expensive. This process has become quite popular for spouses in North Carolina and those in other states across the nation. If you would like to learn more about this option, book a consultation today, and we would be happy to explain the process in more detail.