In many ways, the negotiation process during a collaborative divorce is like a mock trial. Just like a normal legal procedure, you will have to use evidence to support your claims if you are trying to prove certain things to your spouse and their attorney. Strong evidence always helps you negotiate for the things you want, whether you are concerned about child custody, property division, alimony, or any other aspect of your divorce. But how exactly does evidence work in a collaborative divorce? What are the differences between presenting evidence in court and presenting it during a collaborative divorce? What kinds of evidence do you actually need in a collaborative divorce?
These questions are best left answered by a qualified, experienced family law attorney in North Carolina. With the help of a legal professional who understands the collaborative divorce process, you can approach this situation in an effective, confident manner. We can help you present the best evidence and negotiate effectively with your former spouse, guiding you towards a positive legal outcome. We can also help you with virtually every other aspect of your divorce.
Informal Discovery During a Collaborative DivorceThe strict rules of evidence and procedure do not apply in collaborative divorce. In a normal trial, certain types of evidence are always inadmissible. You also need to follow specific guidelines for how you gather and present various forms of evidence. Although these same rules do not necessarily apply in a collaborative divorce, there is still an informal discovery process. Evidence can still be used by spouses who want to support their claims and strengthen their arguments.
So how does this informal discovery process work? Your attorney and your spouse’s attorney will both exchange important information that pertains to your divorce. There is no legal obligation for them to do this, but spouses generally agree to this voluntarily. It is always easier to negotiate effectively when both parties have as much information as possible. Spouses can ask each other questions about important information in a number of different ways. Because the discovery process is informal during a collaborative divorce, you can send each other emails, conduct phone calls, or even text each other. Nothing needs to be on record, and the entire process can be wrapped up quickly. It is important to note that spouses have to be honest with each other for this process to work effectively.
Why Evidence is Still ImportantEven though the normal rules of a trial do not apply during a collaborative divorce, evidence is still important. If you have strong evidence to support your claims, the implication is that you could use this evidence later in court. This gives you an advantage when it comes to negotiation. For example, you might have evidence that your spouse used illicit drugs in front of the children.
When you present this evidence in a collaborative divorce, your spouse will understand that you could potentially show this to a judge in a real trial. Because of this, your spouse may be more likely to accept a child custody agreement that is in your favor. They understand that if the collaborative divorce process fails, a trial will ensure, and this evidence will be seen by a judge.
Types of Evidence Used in a Collaborative DivorceThere are many different kinds of evidence that you can use in a collaborative divorce, and it is not all as dramatic as the above example. Spouses often disagree on the true value of assets, such as a family home. An important piece of evidence in this situation might be the testimony of a financial expert who has independently assessed the value of the home. If you and your spouse disagree over when the home was originally purchased, you can use the original title documents and the deed as evidence. This may be useful when determining whether assets are marital or separate.
Enlist the Help of a Qualified Attorney TodayIf you have been searching the greater Charlotte area for a qualified, experienced family law attorney, look no further than Arnold & Smith, PLLC. We have experience with collaborative divorce, and we can help you today. We recognize the importance of presenting good evidence, and we can negotiate on your behalf. With the help of a legal professional, you can prioritize your concerns and make sure that every detail of your divorce is handled with care and skill. Book your consultation today at 704.370.2828 and we can start crafting an action plan together.