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Typical Divorce Issues And How to Overcome Them With Collaborative Law

Every divorce involves its fair share of conflict. Even if the divorce is entirely amicable, there is usually some kind of issue that arises, and these issues can be challenging to resolve. Of course, not all divorces are amicable, and a considerable percentage is the exact opposite. These contentious divorces are usually filled with all kinds of problems, and spouses may not have the ability to resolve them on their own. All too often, spouses feel like they have reached an impasse with the divorce process. Some throw up their hands and accept that a trial is the only way to move forward. 

It is important to note that collaborative divorce can help spouses overcome a wide variety of potential issues. Due to the flexibility of this approach, no problem is too complex, personal, or contentious. An attorney who has experience with collaborative divorce can come up with all kinds of interesting and creative solutions. While going to trial can seem tempting, this does not always provide the “final answer” many spouses hope for. In fact, a judge’s ruling can often leave spouses with considerable bitterness and anger. In contrast, collaborative divorce strives to satisfy all parties, providing an acceptable solution for everyone. 

Suppose you have been searching for creative solutions as you approach your divorce in North Carolina. In that case, you might want to get in touch with a qualified family law attorney who has experience with collaborative divorce. Collaborative law is now very common in the Tar Heel State, and it is practiced by licensed legal professionals all over the country. There are many of these attorneys to choose from in North Carolina, and they can help you choose a more civilized and human approach to your divorce. In addition, a collaborative divorce is usually much cheaper and quicker compared to a litigated, trial-based divorce. 

Who Gets the Family Home?

Spouses commonly argue about who will receive the family home during a divorce. Most people do not want to get “kicked out” of their own homes, and this incentivizes spouses to fight tooth and nail for this specific piece of property. The fact remains that only one spouse can remain in the family home after the divorce has been finalized. Fortunately, the collaborative divorce process allows spouses to approach this situation in a fair manner, creating a solution that everyone can be happy with. Here are some possible solutions that spouses can strive for thanks to the collaborative law process:

  • Sell the home and split the proceeds
  • One spouse keeps the home in exchange for another piece of property of equal value
  • Both spouses continue to co-own the property, but only one resides there

While it is true that all of these solutions can be achieved through a traditional, trial-based divorce, the point is that you do not have any control over which solution the judge chooses. One solution might be particularly attractive to both spouses, but a judge may determine that a different option is more suitable. The judge believes this is the fairest and most equitable approach. For example, they may decide to order the spouses to sell the home and split the proceeds, even if neither spouse wants to do this. 

Parenting Time

Parenting time is another major topic that divorcing spouses need to tackle. A separation agreement allows you to create a plan that considers all of the various logistical and scheduling factors. For example, a spouse might move to a different neighborhood or county after a divorce. The distance between the spouses’ homes might be considerable. Perhaps children will be faced with an hour-long drive. 

Spouses might decide that the best option is for the child to switch homes every two weeks. Or perhaps they will spend time with one spouse only on the weekends. Whatever the case may be, they can decide on the best option during a collaborative divorce. In contrast, a judge might simply decide that the distances are too great and the child should stay primarily with just one spouse. 

Enlist the Help of a Qualified Attorney Today

If you have been searching for a qualified divorce attorney in North Carolina with collaborative divorce experience, look no further than Arnold Smith, PLLC. Over the years, we have helped numerous spouses in the Tar Heel State achieve meaningful outcomes through the collaborative divorce process. While a divorce can present a number of notable issues for spouses, virtually all of these hurdles can be overcome with creative solutions. We can draw upon years of experience to help you achieve these creative solutions as you draft your separation agreement. Book your consultation today, and we can start developing an effective action plan together.