Collaborative Divorce

Winston-Salem Collaborative Divorce Lawyers

Helping You Resolve Your Divorce Peacefully

When people hear the word "divorce," the first thing that comes to mind is usually a ferocious battle in the courtroom. But divorce doesn't always have to be a bitter struggle between spouses. Collaborative divorce offers partners a more peaceful way forward, focusing on negotiating a mutually beneficial, equitable agreement for all parties.

If you're interested in resolving your divorce more amicably, our Winston-Salem collaborative divorce attorneys have got you covered. We can help you understand the collaborative divorce process more thoroughly and pursue the ideal outcome in your divorce case.

To schedule a consultation with our team or learn more about how we can help you dissolve your marriage, contact us onlineor via phone at (336) 585-8454.

What Is a Collaborative Divorce?

Collaborative law, colloquially known as collaborative divorce, offers couples a different way to dissolve their marriage.

Traditionally, divorces happen in the courtroom. A judge presides over the case, and both parties choose to either hire an attorney or self-represent. They or their attorneys then make their case for what each party should receive in the divorce.

Many judges try and use a form of alternative dispute resolution, such as mediation or collaborative divorce, to get parties to resolve their divorce out of court. If the spouses cannot agree on terms for the divorce, the judge will determine terms for the divorce on their behalf and finalize the process with an official divorce decree.

In contrast, a collaborative divorce takes place outside the courtroom. In a collaborative divorce, both parties hire an attorney. The parties and their attorneys then work together over a series of meetings to negotiate terms for the divorce.

The collaborative divorce process focuses on good-faith negotiations that help the parties develop mutually beneficial terms for the divorce.

How Do I Get a Collaborative Divorce in North Carolina?

You and your partner must agree to engage in collaborative law to initiate the collaborative divorce process. This means agreeing that you'll try and resolve the divorce without judicial intervention, other than for the judge to finalize the terms you agree on.

At this point, you should each obtain an attorney, preferably one who's familiar with collaborative divorce. If you have a lawyer in mind, they may be able to recommend legal counsel for your spouse.

Next, you and your spouse (represented by your attorneys) conduct several meetings to hash out terms for various divorce-related processes, including property division, child custody and support, and alimony. Your attorneys may bring in various third party professionals to assist in these processes (for example, your attorney may ask a certified public accountant (CPA) specializing in asset valuation to assist you during the property division process).

Finally, you'll work together alongside your attorneys to draft a collaborative law agreement. The agreement, which you and your soon-to-be-ex will both sign, contains terms for the divorce you both agree are fair.

To finalize the divorce, you'll need to take the collaborative law agreement to your county court. A judge will look over the agreement to ensure that it's legally sound, after which they'll sign it into law.

Reasons to Choose Collaborative Divorce

There are several reasons you may want to consider collaborative divorce:

  • It's cost-efficient. Collaborative divorces tend to be faster and less expensive than traditional in-court divorces, since you don't have to pay for as many court fees.
  • It's amicable. Collaborative divorce can help you create a "win-win" arrangement with your spouse, ensuring you remain on good terms post-divorce.
  • It's out of court. You don't have to worry about the stress of scheduling and attending hearings, or having your divorce fall under the public eye.
  • It's less stressful for everyone. If you have children, the amicable nature of collaborative law can help them (and you) remain positive throughout the divorce process.

At Payne & Associates, PLLC, our Winston-Salem collaborative divorce lawyers can help you find the best path forward in your divorce. We'll work with you to lay the foundations for a happier, healthier future post-divorce.

To schedule a consultation with our team and receive the legal counsel you deserve, contact us onlineor via phone at (336) 585-8454.

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