A Better Way:

Collaborative Divorce

Do you and your spouse want to resolve your legal disputes without going to court? A Collaborative Divorce may be your answer. The parties work together toward a resolution rather than against each other. Each person has a lawyer and the Collaborative Team works together to resolve the disputes involved in separation and divorce.

Separation Without Litigation

Benefits of a Collaborative Divorce

You have control of the process. You and your spouse, with guidance from your lawyers, determine how best to address the issues in dispute.
Maintain Privacy. Court proceedings are public and the documents introduced as evidence are generally public as well. A Collaborative Divorce allows spouses to keep all that information private.
Less Costly. A Collaborative Divorce is nearly always more affordable than litigating your disputes in court. The Collaborative approach is usually much quicker and less stressful than going to court.
Promotes Better Relationships. After a divorce, the spouses often must continue to work together. Co-parenting is an example of that. A Collaborative Divorce helps maintain a positive working relationship, which can be impaired or destroyed by the animosity and stress of litigation.

Western North Carolina road with colorful fall leaves

The Collaborative Divorce Process

The process for a Collaborative Divorce is largely in the hands of the parties and their attorneys. A Collaborative Divorce does not require that the parties give up their strongly held desires. Rather, the Collaborative Process encourages the parties to examine their disputes based on what each party needs.

Mutual Agreement

The spouses agree on the Collaborative approach to their separation and divorce

Choosing a Lawyer

Each party hires their own lawyer who is trained and familiar with the Collaborative process.

Initial Four-Way Meeting

The parties and their lawyers meet to sign a Collaborative Divorce Participation Agreement and plan for the exchange of information and documentation.

Exchange of Information

The parties exchange the documents and information necessary to work collaboratively toward a mutually agreeable solution to their disputes.

The Collaborative Team

The Collaborative Team may enlist the aid of appraisers, counselors, parenting experts and financial advisors to assist the parties in creating workable solutions.

Finalize

The parties sign a Separation Agreement or Consent Order reflecting the terms of their agreements.

Is Collaborative Divorce right for you?

Not all disputes are right for the Collaborative approach. Sometimes there are simply too many hurt feelings and negative emotions for the Collaborative approach. However, if you and your spouse or ex-spouse are interested in saving money and working together toward a resolution that is good for both of you, a Collaborative Divorce may be the right choice. If you and your spouse are separated or separating, and if saving money, reducing stress and preserving a positive relationship for the sake of your children appeals to you, contact Irvine Law Firm to see whether you can benefit from a Collaborative resolution to your legal disputes.

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Frequently Asked Questions

What happens if I want to pursue the Collaborative approach, but my spouse does not?

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Both spouses must agree to the Collaborative approach. However, if your spouse is not sure about it, you can suggest that they consult with another Collaborative lawyer in order to better understand the benefits of Collaborative Divorce. The website for the WNC Collaborative Law Group provides information about lawyers in western North Carolina who have been trained in the Collaborative Divorce process. The North Carolina Civil Collaborative Law Association also has helpful resources and information about the Collaborative process.

How much does a Collaborative Divorce cost?

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It is difficult to give a range of the costs because every person and every situation is unique. However, a Collaborative Divorce is usually a fraction of what it would cost to litigate the matter and have a judge resolve your disputes.

Is a Collaborative Divorce better for the children of the divorcing parents?

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Absolutely. First, it is less expensive. That leaves more funds available for parenting. Second, children are able to sense the stress their parents are feeling. Litigation causes stress for all those involved, including children. Finally, you and your spouse will continue to have a relationship through your children even after the divorce is finalized. A Collaborative approach promotes communication, cooperation and mutual respect. These ingredients are essential for effective co-parenting.

Where can we find about other Collaborative Divorce lawyers?

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Visit WNC Collaborative Law Group for a list of lawyers trained as Collaborative Professionals in Western North Carolina. There are similar groups in other parts of North Carolina.

Collaborative Divorce Disclaimer

By choosing Irvine Law Firm to represent you in your Collaborative Divorce matter, you understand and acknowledge that we can not represent you in any litigation or court proceedings. Our services as your Collaborative Attorney are limited to those services related to the Collaborative Process pursuant to North Carolina law. No lawyer-client relationship is established with Irvine Law Firm until you have executed an Employment Agreement.