Understanding Collaborative Divorce in New Bern
Going through a divorce can be a stressful and difficult time. It doesn’t have to involve an adversarial courtroom experience where both parties are fighting to win. There is another way. With a collaborative divorce, you remove disputes by engaging in a troubleshooting and problem-solving process instead of the traditional courtroom where a fight-and-win environment exists. Collaborative divorce promotes working together for the couple to reach a positive conclusion rather than the traditional divorce scenario that is more antagonistic and hostile.
In a collaborative divorce, each party is represented by an attorney who strives to achieve a common, mutually beneficial goal. This process differs from a traditional divorce by eliminating litigation and focusing, instead, on constructing an agreement outside the courtroom.
How Collaborative Divorce Works
The first step is a meeting with both spouses and their attorneys in New Bern to discuss the option of a collaborative divorce. The divorce attorneys explain the process, what is involved, and their clients’ rights. They will stress the fact that in the event an amicable agreement can not be reached, the process ends and a traditional divorce with possible litigation will begin.
During the process, the parties meet to construct solutions that are accommodating to everyone involved. If it is necessary, a separation agreement is drawn up first. This is especially important when there is a required waiting period for the couple to live separately.
Collaborative Divorce Videos
Benefits of Collaborative Divorce
There are several benefits to resolving a divorce through collaboration:
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Less Expensive: By keeping away from the proceedings of a traditional divorce, you eliminate the court costs, thereby lowering your attorney fees.
- Save Time: A traditional divorce requires scheduled court dates with more involved and protracted proceedings. This is time-consuming. However, a collaborative divorce can be completed in about a quarter of the time.
- Less Stress: Because going through a traditional divorce can be extremely stressful, engaging in a collaborative divorce promotes a friendlier atmosphere. The divorce attorney acts more as a mediator to prevent the experience from becoming hostile. Additionally, a collaborative divorce is more dignified and both parties usually experience a more equitable division of assets.
- Make Your Own Decisions: Both parties negotiate the best outcome, instead of having a judge determine the solution.
Your Future is Still Protected with a Collaborative Divorce Attorney
You don’t give up any of your rights when you engage in a collaborative divorce. You are still allowed property distribution, spousal support, child custody, and the division of retirement accounts. You get to decide these issues together, with the help of your divorce attorneys, instead of having a judge make those determinations. We work with unbiased professionals in achieving the best possible outcome, including:
Child Specialists: A child psychologist or specialist can meet with the children to provide their wishes during the proceedings. Additionally, a specialist can bring up issues that allow both parties to parent more effectively going forward.
Financial Planners: With the division of property and assets such as bank and retirement accounts, a financial planner can assist both parties with equitable distribution and future tax concerns.
Real Estate Agents: When there is jointly held property, rental property, or other real estate, a real estate agent can help in determining the value and can provide unbiased advice.
How to Determine if Collaborative Divorce is Right for You
With the help of an experienced New Bern divorce attorney, a collaborative divorce can be achieved in a caring, kind, and respectful environment when both parties are willing to work diligently for success. This is possible, even when there are serious disagreements, if each party understands and supports the needs of one another and is able to compromise in order to avoid an antagonistic negotiation. If the collaboration isn’t possible, then the couple will need to move to a traditional divorce process.
Contact Our New Bern Collaborative Divorce Lawyer
Getting a divorce doesn’t have to be a confrontational, hostile experience. With a collaborative divorce it can actually be a healing experience where both parties establish the groundwork for a successful future. At Irons & Irons P.S., our divorce attorneys in New Bern understand the benefits and advantages of a collaborative process, as well as how to achieve one successfully. We provide expertise and are dedicated to work for you.
Attorney Gib Irons is an active member of the Collaborative Divorce Association of Eastern Carolina. To learn more about collaborative divorce, and schedule a consultation with a New Bern divorce attorney, please call us at 252-320-7399 or fill out our contact form below.
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