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North Carolina Collaborative Divorce

Divorce_woman-200x200When most people think of divorce, a complicated, stressful, and costly image comes to mind. While many divorces do end up going down that type of road, especially when the divorce is contested and goes to court, there is an easier option available for couples whose relationship is still strong enough to discuss options face to face in a controlled, neutral environment. This option is called collaborative divorce, and it may be the right choice for you.

What is Collaborative Divorce?

To settle legal disputes, there are generally three accepted methods. The most recognizable option for many people is going to court (litigation) where a judge will make the decision for you after hearing the arguments of both sides. However, an article in Forbes estimates that 95 percent of divorces are settled outside of court. So how are people going about this? Arbitration, which is somewhat similar to litigation, is another option, which involves both parties entering an agreement to let an arbitrator settle the dispute for them. Both parties present their arguments to the arbitrator and the arbitrator will either make a concrete decision or the decision will be allowed to be appealed. Collaborative divorce is similar to arbitration in that it takes place outside of the courtroom, but neither party is forced into making a decision right then and there, and no third party will make the decision for them either. During a collaborative divorce, both parties come to a single room, or separate rooms, and present their sides to the collaborative divorce attorney. The collaborative divorce attorney takes no sides and has nothing to gain or lose by pressuring either party into a decision.

Why Should I Consider Collaborative Divorce?

There are many good reasons for going with a collaborative divorce over litigation. However, it should be kept in mind that in order for collaborative divorce to work, the communicative relationship between both parties must still be somewhat intact and the wishes that both parties have entering the process should already meet somewhere in the middle.

  • Cost: The average collaborative divorce cost $19,723 which is less expensive than a traditional litigated divorce, which comes in at an average of $77,746.
  • You control the outcome: The collaborative divorce attorney will help both parties come to an understanding and reach a middle ground in terms of asset and property division, child custody, alimony, and other issues. If a decision is made, legal contracts can be signed there or at a later date to enforce the decisions made equally by both parties. You are in control and can agree to or deny any offers presented by the other side.

Contact an Attorney Today

Whether you decide to go with litigation, arbitration, or collaborative divorce, you will need an experienced attorney at your side throughout. Call the Charlotte law office of Powers Landreth PLLC today.

Resources:

forbes.com/sites/jefflanders/2014/05/22/divorcing-women-is-it-best-to-litigate-or-settle/#3097c9e4618c

nbcnews.com/id/22315262/print/1/displaymode/1098/

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