What Kinds of Things Can I Resolve with a Collaborative Divorce?

There are many issues that might arise during a divorce in North Carolina. Even couples with relatively few assets might be concerned about who gets certain property, such as the family car or even the family dog. Wealthier spouses might be worried about how they are going to divide multiple real estate properties, stocks, crypto, or even a family business. Add alimony into the mix, and you have got a recipe for considerable confusion and complexity. And that is before you even start talking about child custody and child support.

So, can a collaborative divorce really help you deal with all of these issues? The answer might surprise you. The truth of the matter is that collaborative divorce can help you resolve virtually every aspect of your divorce, and this method is typically faster, more efficient, cheaper, and less stressful. If you would like to learn more about the ins and outs of collaborative divorce, your best bet is to get in touch with a divorce attorney in North Carolina. Choose an attorney who has plenty of experience with collaborative divorce, and you can learn all about this method while asking as many questions as you need along the way. Your collaborative divorce attorney can help you gather evidence, negotiate on your behalf, and draft a separation agreement that includes every little detail about your divorce.

You can decide exactly how you would like to divide property with the collaborative divorce process. In a litigated divorce that takes place via a trial, you do not have this same level of freedom. Instead, a judge follows a predetermined formula and divides property based on the equitable distribution system. This means that sometimes, assets will be handled in ways that neither spouse appreciates. For example, a judge might determine that the most “equitable” way to handle a family home is to force the spouses to sell and split the proceeds.

If you were to choose a collaborative divorce instead, you and your spouse can agree upon the best way to handle assets. For example, spouses could continue to co-own the home if they are capable of cooperating and remaining amicable in the long term. When (and only when) spouses agree that it is the right time to sell, they would split the proceeds. The point is, you and your spouse control this process when you choose collaborative divorce, while these choices are taken from you when you choose a litigated divorce. The same logic applies to virtually every other marital asset. You get to choose how they are divided.

Also known as spousal support in North Carolina, alimony can also be handled through a collaborative divorce. Perhaps both spouses believe that alimony is an antiquated concept, and there is no need to award alimony. You could agree in your separation agreement not to go through with alimony. In contrast, a judge might take matters into their own hands if you take your divorce to trial, awarding alimony even when neither spouse actually wants it. Even if one spouse does want alimony, you can create alternative resolutions with a collaborative divorce. For example, you might allow your spouse to take a greater ownership stake in the family home instead of paying alimony.

When it comes to matters relating to children, you have slightly less freedom when creating a separation agreement. While a judge might be happy to accept your unique choices pertaining to property division and alimony, the same cannot necessarily be said for child support and child custody. They will examine these areas more closely to ensure that everything is in the child’s best interests. However, you still have more freedom compared to a traditional, litigated divorce. For example, both spouses could agree that child support should continue into adulthood in order to pay college tuition.

If you have been searching the North Carolina area for a qualified, experienced divorce attorney, look no further than Arnold & Smith, PLLC. Over the years, we have helped numerous spouses with the collaborative divorce process. We understand that some divorces may be more complex than others – but rest assured that even the most complicated issues can be resolved through this time-tested process. With our help, you can begin to understand more about how this process works. Once you are ready, we can guide you forward in a confident, efficient manner. Book your consultation today and take your first steps toward a less stressful divorce.