Tips and Tricks for a Collaborative Divorce in North Carolina

If you have never gone through a divorce before, it can seem like a daunting prospect. Suddenly, you are faced with a complex legal process filled with confusing Latin terms and endless paperwork. Fortunately, the collaborative divorce process is actually much easier than you might expect, especially when you work with a qualified, experienced divorce attorney.

It is also worth noting that by choosing a collaborative divorce, you are opting for a simpler, more straightforward route compared to a litigated divorce. By staying out of the courtroom and handling the details of your divorce behind closed doors, you can avoid many of the more complex and confusing legal processes. That being said, a collaborative divorce can still be quite an undertaking for the average spouse, and it makes sense to use as many tips and tricks as possible to make this process as easy as possible.

Of course, you will not have to handle this process on your own. Get in touch with a qualified divorce attorney in North Carolina, and you will have plenty of help every step of the way. Ideally, it would be best if you worked with an attorney who has plenty of experience with collaborative divorce. Our attorneys already have plenty of tips and tricks up their sleeves, and these strategies can help you achieve a positive legal outcome.

Prioritize Trust

Trust is critical during a collaborative divorce. Since this process is relatively informal and not enforced by a typical courtroom process, both spouses need to approach negotiations with a certain degree of collaboration and cooperation. If you and your spouse do not trust each other due to past instances of marital misconduct or issues, collaboration might not be the best option. That being said, almost any divorcing couple can put their differences aside and successfully navigate the collaborative law process if they are motivated to avoid the costs and stress of a courtroom.

Prepare Beforehand

There are a number of things you can do to prepare for your collaborative divorce. The first thing you can do is make a list of all of your various goals. These are things you would like to get out of your divorce, and they might include priorities like keeping the family house, spending a certain amount of time with your kids, or keeping certain family heirlooms.

You can also prepare by doing your homework and gathering as much information as possible. Some of the most important things you will need are financial documents, such as mortgage documents, income reports, tax statements, and so on. You might want to make sure you have everything you need before scheduling your first meeting with your spouse.

Follow an “Interest-Based Negotiation”

Qualified collaborative divorce attorneys can use a number of effective negotiation techniques. These legal professionals are usually skilled negotiators, and they recommend an approach called “interest-based negotiation.” This is when you base your goals and priorities on interests rather than positions. So, instead of stating that you need to keep possession of the family SUV, you might instead state that you need a vehicle that has enough cargo space to carry work-related equipment. This opens the door for a variety of creative solutions.

Get Creative Speaking of creative solutions, a separation agreement can be incredibly flexible, giving you the freedom to reach outcomes that would not be possible in a normally litigated divorce. For example, a judge might order that you pay a certain amount in spousal support over a certain number of years. Outside of court, you can change this pre-set formula to meet your specific goals and priorities as long as both spouses agree. You can also do things like include college tuition in child support payments, which is not allowed in a typically litigated divorce.  Share Information

Since the discovery process during a collaborative divorce is mainly informal, it becomes important to share as much information as possible with your spouse during this process. Again, this goes back to the foundation of trust upon which all successful collaborative divorces are built. In addition, it is worth noting that concealing financial information from your spouse can lead to serious legal consequences.

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. Over the years, we have helped numerous spouses achieve positive legal outcomes through a collaborative law process, and we can do the same for you. Although the prospect of getting a divorce can seem emotionally and mentally draining, you should know that you are not alone in this battle. Book your consultation today.