What are the limits to collaborative divorce negotiations?

In North Carolina, collaborative divorce is a method of negotiating that can help parties in a divorce mitigate long-term financial, emotional and psychological costs. This is done by avoiding the court system and instead negotiating directly with one another. However, there are limits to collaborative divorce negotiations. First and foremost, all parties must have full disclosure of information. This means that both spouses must honestly reveal all pertinent financial documents and information relating to the divorce. This includes income, assets and debts. If one spouse is not fully disclosing all information then this can severely limit the effectiveness of the collaborative divorce process. Another limit is that negotiations are confidential and must remain between the parties and their attorneys. This means that information cannot be shared with an court. If the information is shared without the approval of the other spouse, it can limit the effectiveness of the negotiation. Finally, all parties must be willing to sign a contract that states that they agree to a collaborative divorce, rather than attempting to take the case to court. If one or both spouses are unwilling to sign this contract, the collaborative divorce process may not be an option. In conclusion, collaborative divorce negotiations in North Carolina are limited by a need for full disclosure, the need for confidentiality and the requirement that both parties sign a contract agreeing to a collaborative divorce.

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