What If We Cannot Agree on How to Divorce?

If you and your spouse cannot agree on how to divorce in North Carolina, you might be bracing yourself for a particularly difficult next few months. After all, if there are serious disputes about how the divorce should be handled, things can easily spiral out of control. Before you know it, you are spending a fortune on lawyers and legal fees while you fight your spouse for property, custody, and alimony. Not only can this process be incredibly expensive, but it can also be seriously time-consuming, taking many months or even years to wrap up. In addition, arguing constantly with your spouse in court can take a real toll on your mental health.

What if there was a better way? If you are approaching this difficult situation in North Carolina, you can avoid a trial by opting instead for a collaborative divorce. This process allows you and your spouse to resolve your differences behind closed doors – without ever stepping foot inside a courtroom. With help from qualified attorneys that are specially trained in collaborative law, you can resolve your differences in a civilized manner and walk away with the best possible outcome. Of course, this method will not work for every single couple – but most spouses can probably benefit from it. At the very least, it is something you should consider.

If you are ready to explore the possibility of a collaborative divorce in more depth, you should book a consultation with a divorce attorney in North Carolina at your earliest convenience. During this initial meeting, you can discuss the details of your specific situation and receive targeted, personalized legal advice. Based on this advice, you can decide for yourself whether or not a collaborative divorce is the right option.

First developed in the 80s by a divorce lawyer who had basically given up on litigated divorces, collaborative law is a different approach that focuses on mutual understanding, cooperation, and negotiation. The system is relatively simple — both spouses agree to negotiate with each other behind closed doors, usually with their attorneys present. Sometimes, additional professionals may be in the negotiation room, such as financial experts or child psychologists.

The end goal of a collaborative divorce is to create something called a “separation agreement.” This is a legal document that lays out exactly how the divorce will be handled. It includes details about how property will be divided, how custody will be handled, how much alimony or child support should be distributed, and so on. Because all aspects of the divorce are agreed upon outside of court, there is no need to go to trial. When the agreement is finalized, it is simply brought before a judge. If there are no issues with the agreement, the judge simply signs it – which makes the document legally enforceable.

Collaborative divorce can be effective for pretty much any couple – even those with serious disagreements. When you work with attorneys who have specialized negotiation skills, even the most stubborn spouses can be convinced to compromise. After all, this is in everyone’s best interests. If spouses can successfully navigate this process and create a valid separation agreement, they can avoid costly, time-consuming, and stressful trials. Almost everyone wants to steer clear of these issues – unless they are intent on dragging their spouses through a trial due to some kind of vendetta.

With that being said, collaborative divorce does not work for everyone. In fact, collaborative divorce is impossible unless both spouses agree to try it. If your spouse wants a trial, there is really nothing you can do to stop it from happening. This is why it might be a good idea to talk with your spouse and help them understand the benefits of collaborative divorce before moving forward.

If you have been searching the North Carolina area for an experienced collaborative divorce attorney, look no further than Arnold & Smith, PLLC. Over the years, we have helped a number of divorcing spouses achieve positive results with collaborative divorce. Even if you believe that you and your spouse have absolutely no chance of working out your problems outside of a trial, you should not rule out the possibility of a collaborative divorce. This option can save you plenty of time, money, and stress. Book your consultation today to learn more about collaborative law and how it can benefit you.