What is the difference between a contested divorce and a collaborative divorce?

Contested divorces and collaborative divorces are two very different processes for legally ending a marriage. In a contested divorce, the two parties involved must prove or argue their case in court and a judge makes the decision about how the divorce should proceed. In a collaborative divorce, both parties work together to reach an agreement, including topics such as child custody and division of assets. In a contested divorce, couples enter the courtroom as adversaries, each trying to prove their own point of view and make their own case to the judge. The judge makes a legally binding decision and all decisions about the divorce must follow the rulings of the judge. The process can be contentious, drawn-out, and expensive, as both parties will need to attorneys to represent them. In a collaborative divorce, couples enter the process as partners, working together to come to a mutually agreed-upon arrangement for their divorce. Instead of an adversarial courtroom dynamic, the two sides work together with the help of attorneys, partners, and financial advisors to negotiate a fair agreement. This process is significantly less expensive and time-consuming than a contested divorce, as the two parties don’t need to go to court and there is no need to hire multiple attorneys. In North Carolina, there are state-specific laws in place that govern the requirements for a collaborative divorce. These laws define the rights of both parties throughout the process, including the right to information, confidentiality, and the right to end the process if the parties can no longer come to an agreement.

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What is the difference between a contested divorce and a collaborative divorce?

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