What are the legal requirements for a collaborative divorce?

In North Carolina, the legal requirements for a collaborative divorce are outlined in the North Carolina State Statutes 50-13.2. The statute states that couples must move forward with a collaborative process in which they both agree to resolve their conflicts through negotiation and settlement, without involving the court. The statute also requires each party to be represented by their own attorney, who is trained in collaborative practice. The attorneys must agree to a Collaborative Practice Agreement that states the parties are attempting to negotiate a settlement in good faith and that the attorneys will withdraw from the process if the cooperative process is not successful. In addition, the statute states that the parties must sign a Participation Agreement, which outlines the expectations of the parties and the collaborative process. In the Participation Agreement, the parties must agree to be open and honest with each other and to fully disclose all financial information relevant to the divorce. They must also agree to not obstruct or interfere with the negotiation process, including not filing any court action while the collaborative process is ongoing. Finally, the parties must agree to attend all the collaborative sessions together or separately and participate in all aspects of the negotiation process. The collaborative process is voluntary and can be ended at any time by either of the parties. If the process is successful, the parties will have a settlement agreement that can be presented to the court as an agreed divorce, and a court hearing will not be necessary.

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What are the legal requirements for a collaborative divorce?

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