What is the collaborative divorce process?
The collaborative divorce process is an alternative to the traditional adversarial divorce process. It is meant to reduce the often lengthy and expensive issues surrounding a divorce. In North Carolina, the collaborative divorce process is governed by the North Carolina General Statutes and is a voluntary process that requires the parties to commit to certain practices and to engage in good faith settlement negotiations. The collaborative divorce process begins with both the parties participating in an initial meeting, in which they set the parameters of the joint process. They also agree to exchange all necessary documents and information to their attorneys. Following this is the negotiation process, which is conducted in a series of meetings between the parties and their respective attorneys. This process is completely confidential and focuses on finding an amicable and equitable resolution for all parties. The collaborative process also includes individual meetings with a mental health, child custody, and financial professional. The purpose of these meetings is to ensure that all important issues are discussed and all questions and concerns addressed. These professionals are typically non-advocates and will provide objective advice and counsel. Once an agreement is reached, the attorneys will complete the necessary paperwork and submit it to the court for the judge’s signature. Once the judge signs the agreement, it becomes a binding agreement and is fully enforceable in court. The collaborative divorce process is meant to provide an alternative to the traditional divorce process, while still providing the same level of legal protection and upholding the court’s order. It is meant to be faster, less expensive, and more amicable than the traditional divorce process.
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