Can a collaborative divorce result in a court order?
Yes, a collaborative divorce can result in a court order. In North Carolina, collaborative divorce is a voluntary process used by couples who wish to resolve their divorce without a trial or court ruling. This type of divorce uses a team-based approach, which is overseen by professionals such as attorneys, financial advisors, and counselors. When couples go through a collaborative divorce, both parties sign a Participation Agreement that sets out the framework for the settlement process. This document states that the parties agree to work through the divorce without going to court. The Participating Agreement also outlines any terms the couple has agreed on so far, such as the division of marital assets. Once the parties have reached a settlement, their attorneys will draft a Separation Agreement that reflects the couple’s agreement in full. This document is then submitted to the court, and after the judge has approved it, it is entered as an Order of the Court. The Order of the Court is a legally binding document that the parties are obligated to adhere to. In short, a collaborative divorce in North Carolina can result in an Order of the Court. This Order is legally binding and enforceable, and it ensures that both parties will abide by the terms they have agreed upon.
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