Limitations of Collaborative Divorce in North Carolina

If you are considering whether or not collaborative divorce is the right choice for you, you should be aware of both the advantages and the potential limitations of this process. While there are plenty of good reasons for the popularity of this option, collaborative divorce is definitely not for everyone. In some cases, the collaborative divorce process might not be able to handle the unique demands of your divorce. It is best to carefully assess this option before you move forward. Consider your main priorities and goals, and the right choice will be easier to determine.

It is also much easier to determine the right choice when you work with a qualified, experienced divorce attorney in North Carolina. During your initial consultation with a lawyer, you can explain your unique needs as you approach your divorce. With this information, an attorney can recommend the best way forward for you. Your lawyer can also present many other aspects of your divorce that might need to be clarified.

Why Do People Choose Collaborative Divorce in the First Place?

Before we get into the limitations of collaborative divorce, it is crucial to understand why people choose this option in the first place. Generally speaking, spouses choose collaborative divorce because it is easier to deal with. Not only can they avoid the long, drawn-out process of a trial, but they can also save considerable money on legal fees. Since the trial process is being sidestepped entirely, couples who choose collaborative divorce also typically experience less stress as they end their marriage.

In addition, collaborative divorce can give spouses a greater degree of control over how their marriage is ended. When you leave it up to the courts, there is always a certain degree of unpredictability. A judge may decide on a course of action that both spouses do not want. On the other hand, one spouse might walk away from the trial feeling bitter and resentful because a decision did not go their way.

In theory, a collaborative divorce allows both spouses to come to mutually beneficial and satisfactory agreements for all parties involved, including any children.

Collaborative Divorces Do Not Work If Spouses Are Unwilling to Negotiate

So if collaborative divorces are so great, then why doesn’t everyone choose this option? Well, the truth is that a lot of people in North Carolina do select this option. However, there are always going to be a few situations in which collaborative divorce is virtually impossible. Perhaps the most important thing to understand about collaborative divorce is that the overall process is built on a foundation of trust.

This process is virtually impossible if couples are entirely unwilling to negotiate and work together. Collaborative divorce requires both parties to compromise, communicate, and work together. If spouses are left so bitter and resentful after a nasty breakup, putting them together in the same room can do more harm than good. The entire negotiation can break down into a screaming match.

You Need to Be Somewhat Independent

Collaborative divorces also require a certain degree of independence. It would be best if you had a pretty good idea of what you want to achieve with your separation agreement. Which assets are essential to you? What type of parenting arrangement seems most viable to you? How much alimony or child support do you need to support yourself? In a standard trial, the judge takes it upon themselves to make these decisions for you, acting in your best interests. With a collaborative divorce, you are expected to act in your own best interests. While your attorney can certainly guide you in the right direction, you must take responsibility for your own decisions during a collaborative divorce.

It Is Not Always Cheaper

Collaborative divorce is often touted as a cheaper alternative to a typical trial divorce, but this is not always the case. This is especially true if you have to hire multiple third-party specialists to help you make a good decision, such as forensic accountants. In addition, you will have to hire new lawyers and start again if the negotiations break down. This will further add to the costs.

Enlist the Help of a Qualified Attorney Today

If you have been searching the North Carolina area for a divorce attorney, look no further than Arnold & Smith, PLLC. We have considerable experience with the collaborative divorce process, and we can make sure you are choosing the right option as you approach your separation. We will listen carefully to your unique priorities and concerns during your initial consultation. If collaborative divorce is the best way forward, we will help guide you along. If not, we can help you explore other options. Book your consultation today and explore your legal options alongside qualified professionals.