The Law offices of Arnold & Smith - John Price Carr House
You cannot reason with the unreasonable;
When it is time to fight,
WE FIGHT TO WIN.

Our office continues to operate during our regular business hours, which are 8:30 am - 5:30 pm, Monday through Friday, but you can call the office 24 hours a day. We continue to follow all recommendations and requirements of the State of Emergency Stay at Home Order. Consultations are available via telephone or by video conference. The safety of our clients and employees is of the utmost importance and, therefore, in-person meetings are not available at this time except for emergencies or absolutely essential legal services.

Why Choose Collaborative Divorce in Charlotte?

Collaborative divorce is a new type of alternative dispute resolution in family law cases that avoids the need for full-blown litigation. Collaborative divorce may be used to resolve issues involving child support, child custody, property disputes, and alimony. Are you wondering whether or not a Charlotte collaborative divorce is right for you? An experienced family law attorney can help you evaluate your options.

Participation Agreement in Collaborative Divorce

In a Charlotte collaborative divorce, the couple chooses two separate attorneys who agree to represent them individually without moving forward with litigation in court. A “Participation Agreement” is signed in advance by both parties and their respective legal counsel. This agreement includes full confidentiality of all matters discussed as well as full disclosure of the parties’ financial matters.

The attorneys involved in the collaborative divorce agree to withdraw from the case and terminate representation if the matter is not able to be resolved successfully, so that the couple will need to hire different attorneys if they proceed with litigation. Beyond this, the agreement further details each party’s rights and obligations during collaborative divorce. It is not uncommon for terms in the agreement to include allowing each party to hire a third-party neutral expert to assist with the divorce. Once all matters are resolved through a collaborative divorce, each attorney will initiate paperwork on his or her client’s behalf to obtain an official divorce decree from a North Carolina court.

Understanding the Collaborative Divorce Process

Although each spouse has his or her own collaborative divorce attorney, the two teams of attorney and client work together along with expert professionals to resolve all of the important divorce issues. This includes matters such as spousal support or alimony, child custody, child support, and division of marital property. The neutral experts used in a Charlotte collaborative divorce may include child psychologists, financial consultants, and other professionals who can provide their expert opinion in a particular area with the goal of resolving the conflict between the parties. The purpose of collaborative divorce is not to have a winner and a loser, but rather that both parties come to an amicable and fair solution.

Benefits of Collaborative Divorce in Charlotte

After any Charlotte divorce, former spouses must meet constantly and work with one another. This is particularly true if there were children involved in the union. The purpose of Charlotte collaborative divorce is to make sure that the former spouses are able to stay cordial and maintain respect for one another throughout and after the divorce. Some examples of the benefits of collaborative divorce in Charlotte, North Carolina include:

  • Protecting the children: Collaborative divorce is for parents who wish to protect their children from suffering by becoming collateral damage due to a heavily litigated paternity dispute or divorce proceeding. Collaborative divorce can help reduce or eliminate the conflict, stress, and uncertainty that is typically involved in a divorce or separation. Moreover, these experiences can hinder a child’s development if traumatizing;

  • Maintaining your privacy: Most couples likely find that privacy is invaluable, particularly when it comes to a divorce. The collaborative divorce process allows those facing divorce to keep the details of their severed relationship private. This is because the process starts before any lawsuit is filed in a North Carolina Court and the settlement agreement is confidential between the parties;

  • Preservation of assets: Collaborative divorce in also helps a couple reach a settlement in a manner that is much more cost-effective than litigation while, at the same time, seeking to preserve family assets. This process allows the parties to make prudent financial decisions in order to achieve an equitable outcome that is positive for both spouses;

  • Closure to move on: When a Charlotte divorce is litigated, the process is structured so that there is one winner and one loser. In a collaborative divorce, however, it is not a zero-sum game. Both parties work together to reach an agreement that minimizes, as much as possible, emotional and financial trauma. While the parties are still going their separate ways, they are able to do so in the most positive manner possible so they can move on to the next chapter in their lives.

Collaborative Divorce in Charlotte

The family law attorneys at Arnold & Smith, PLLC can help guide you through the collaborative divorce process and help you decide whether or not it is the best option for your situation. Contact us today for a consultation.