There are many reasons why spouses might prefer a collaborative divorce in North Carolina. This process is easy, relatively quick, and it can be much cheaper than a trial-based divorce. In addition, many spouses opt for this route because they think they can get a better deal. A trial has strict rules and protocols, and a judge must follow the status quo. In contrast, you have considerable flexibility when you create a divorce agreement, and you may be able to walk away from your marriage with a much more favorable overall result. However, it is important that you fully understand the process of a collaborative divorce before you move forward.
If you want to learn more about collaborative divorce and how it can benefit you, it is best to contact a divorce attorney as soon as possible. Ideally, it would be best if you chose a lawyer who has specific experience with collaborative divorce. Our legal professionals can explain some of the most critical aspects of this process, and we can also make you aware of many common mistakes that spouses make when approaching collaborative divorce. Once you have a complete understanding of how this process works, we can help you move forward.
Flexibility Is KeyThe flexibility of collaborative divorce means that spouses can walk away from their marriage with a much better result compared to a litigated divorce. While there are certain limitations to your divorce agreement, you and your spouse make the rules. If you believe that it is fair for one spouse to receive more money than they otherwise would have after a trial, then you can arrange for that.
Child support is an obvious example of this. With a trial-based divorce, a judge must follow a specific formula when calculating and awarding child support. When you choose collaborative divorce, you can throw this formula out of the window for the most part and select the option that is best for you. You may determine that more child support is in everyone’s best interests. Or perhaps you will decide that a lowered amount is sufficient. You can even take into account factors that would not typically be covered by child support payments, such as vacations or other “non-necessities.”
Strive for BalanceWhile you can create a better deal if you choose collaborative divorce, you still have to strive for balance in many respects. If one spouse walks away with a significantly better deal than they would have achieved in a trial, the assumption is that the other spouse is losing out. For example, a divorce agreement stipulating that one spouse will receive four out of five of the family’s real estate properties may not have been held up in court since this result is obviously skewed in one spouse’s favor.
With such an unbalanced agreement, you have to wonder whether a spouse would actually sign the contract. Because they are getting the short end of the stick, they are much more likely to break off negotiations and move to a trial-based divorce. This is the worst-case scenario when it comes to a collaborative divorce, which is why it is usually in everyone’s best interests to create a fair, balanced divorce agreement about which everyone can feel good. At the end of the day, a collaborative divorce tends to work itself out and naturally move toward a fair outcome.
Some Separation Agreements Are RejectedIt is also worth mentioning that the courts challenge or reject some separation agreements. While you may want to create a great deal for yourself, you must still follow some basic rules. You must disclose all relevant information to your spouse (including the true extent of your wealth), and you cannot establish any kind of improper advantage. If one spouse fails to understand the consequences or nature of the agreement, it will become invalid. A spouse also cannot sign a separation agreement under duress, unconscionability, or without proper legal advice.
Enlist the Help of a Qualified Attorney TodayIf you have been searching the North Carolina area for a qualified divorce attorney who has experience with collaborative divorce, look no further than Arnold & Smith, PLLC. We have helped countless spouses achieve a favorable result through the collaborative divorce process. This process has many significant advantages, and we can help you benefit from them. We strive to act in your best interests, guiding you toward a divorce agreement that benefits you as much as possible. Book your consultation today, and we can start crafting an effective action plan together.