A welcome development in recent years regarding family law has been the proliferation of a practice referred to as “collaborative law.” This is a form of alternative dispute resolution, which is settling legal disputes without going through traditional litigation. Collaborative law can be especially for divorce agreements, as such proceedings in court are marked by intense stress, anger, and other strong emotions.
Our firm encourages the use of alternative dispute resolution when you have made the difficult decision to divorce. Collaborative law is a situation in which both spouses, along with both spouses’ attorneys, sign an agreement that commits all parties to the divorce agreement and precludes both parties from going to court. This approach is often a good method of going through a divorce because spouses enjoy the benefit of having qualified legal counsel, but avoid the contentious court battles.
In addition to the presence of attorneys, spouses going this route should also employ the services of other professionals who can offer guidance during the creation of the agreement. North Carolina law refers to these professionals as “third-party expert(s).” Examples are as follows:
For a collaborative divorce, both parties need to disabuse themselves of the notion that the process is a competition in which there is a winner and loser. When both spouses are able to operate on the principle that divorce is a problem for which there is a solution that satisfies all parties, then collaborative law can be effective. For more information on this approach to divorce or other ways Easterling Law can help you with your family law situation, please reach out to us soon to get started with a consultation.