What is the difference between a collaborative divorce and a litigation divorce?
In North Carolina, a collaborative divorce is a type of divorce settlement that is reached cooperatively between the two parties involved. This type of divorce can involve less time, money, and stress than the traditional court-litigated divorce. The collaborative divorce process starts with both parties signing an agreement to work together and reach an agreement without involving a court. This agreement is designed to ensure that each party will be considered fairly and that the communication between the two parties will remain respectful. Once the agreement is signed, the parties, with their attorneys, work to come to agreements on all aspects of the divorce including property division, custody arrangements, and alimony. The settlement must be agreed upon by both parties and is subject to review and approval from the court. Litigation divorces on the other hand are traditional divorces that are completed through a court system. The two parties involved in the divorce will do battle in court over all aspects of the divorce from property division to alimony or child support. Each party will also have their own attorney. The outcome of the divorce is determined by a judge and litigants typically have less control of the outcome. Overall, the key difference between a collaborative divorce and a litigation divorce is the process. With the collaborative divorce, both parties work together to reach an agreement that works for both parties, while in the litigation divorce a judge makes a decision based on the evidence presented. The collaborative divorce requires an agreement from both parties and is typically less time consuming, expensive, and stressful than the litigation divorce process.
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