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.