What Does an Attorney Do During a Collaborative Divorce?

Collaborative divorce is attractive to many spouses in North Carolina because fewer people are involved. Ending a marriage is something that many spouses want to handle in the most private way possible. The fewer people involved, the better. In many collaborative divorces, the two spouses and their attorneys are the only people present. But what exactly does an attorney do during a collaborative divorce? Is their presence even necessary? After all, if you and your spouse can agree upon virtually every aspect of your separation, then why would you need guidance from a legal expert?

The truth of the matter is that divorce attorneys play an essential role during the collaborative divorce process. Without them, you lose the degree of legal expertise that these professionals bring to the negotiating table. While it is theoretically possible to handle a collaborative divorce without the help of attorneys, this usually needs to be revised. It is easy to make a mistake without guidance, and you may walk away from your marriage with a much worse outcome than you realize.

If you want to handle your collaborative divorce effectively, working with an attorney in North Carolina with experience in this area is best. Our family law attorneys have unique skill sets and training that make us better suited to the specific demands of this legal process.

First, your attorney will help you draft a participation agreement. This is a contract that both spouses will sign, and it can involve a range of different conditions before you begin the collaborative divorce. You might agree with your spouse not to disclose certain information that is discussed during the negotiations.

You may also make a commitment to work together and try to resolve your differences in the best possible way. Some participation agreements prevent either spouse from making threats or being combative. Other agreements prevent spouses from going to court or from using the information revealed during the collaborative divorce process in future lawsuits or trials. A collaborative divorce lawyer can make sure that this participation agreement is effective and legally binding.

The collaborative divorce process also involves an informal discovery process. Both spouses voluntarily exchange important information during this process, such as income documents, tax returns, property deeds, and so on. With the help of a lawyer, you will know precisely what kind of documents and information to request from your spouse.

Collaborative divorce attorneys are often skilled negotiators. They can help you communicate in an effective, targeted manner. In addition, they can help you decide when to accept a good deal when it is being offered. Your attorney can also advise you on how a court might rule in various situations, giving you an idea of where you stand legally. Communication is essential when it comes to a collaborative divorce, and your choice of words often has a significant impact on your chances of a favorable legal outcome. Your attorney can help you create written requests that clearly highlight your specific concerns and priorities.

Drafting a separation agreement is perhaps the most crucial role of a lawyer in a collaborative divorce. Your separation agreement is the end product of the negotiation process, and it involves every aspect of your divorce. The separation agreement will include everything you and your spouse agreed upon. Both spouses will sign this legally binding contract, and then it will go before a judge during a hearing. If there are no issues with the separation agreement, the judge will finalize your divorce.

It is imperative that your separation agreement has no major issues before it is seen by a judge. A qualified collaborative divorce attorney can make sure that everything about your separation agreement is valid and in order.

If you have been searching the North Carolina area for a qualified attorney who can help you with your collaborative divorce, look no further than Arnold & Smith, PLLC. We have helped numerous spouses handle their collaborative divorces expeditiously and efficiently. Over the years, we have developed several effective strategies for the unique demands of collaborative divorce. Reach out at your earliest convenience, and we can get started right away.