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Collaborative Divorce Attorney in Monroe

One of the newest methods of dispute resolution to enter the scene of family law cases in the U.S. is that of collaboration. This method has even made its way into the processes of divorce and it is now popularly used by couples who wish to avoid the adversarial emotions that are often connected to divorce cases that require litigation. In fact, at the heart of every collaborative divorce is the mutual agreement between both spouses to complete the process without using litigation.

Completing a collaborative divorce implies that each spouse will employ a lawyer who can represent them as they work together to resolve their conflicts. The cooperative techniques upon which collaborative divorce is based require the skills of a legal professional who can carefully represent your best interests during the collaboration process. Therefore, having the support of a Monroe divorce lawyer from Collins Family Law Group is crucial.

Moving Forward With a Participation Agreement

A key element of collaborative divorces is the Participation Agreement that is signed by each spouse, as well as the divorce attorney who has been selected to represent them. This agreement expressly states that if a settlement cannot be reached during the process of collaboration, then both lawyers will excuse themselves from the process in order to make way for the impending litigation. In essence, the Participation Agreement implies that the attorneys involved will not participate in any litigation that might ensue.

The provisions of a Participation Agreement are entered into with the understanding that the commitments which have been established will be followed by all parties involved. Included in these provisions is usually an agreement to settle all issues with non-adversarial communication that instead focuses on interest-based negotiation. In addition, the provisions of a Participation Agreement should include the following conditions:

  • All decisions will be made in the best interests of the children
  • All decisions will rely upon the assistance of the spouse's respective attorney
  • All communications will be made constructively and fairly

Choosing Collaborative Divorce: Is it right for you?

No one way of divorce has been widely touted as superior to another. The process of dissolving a marriage will look different for every couple involved, so the decision that is made regarding which method should be used on your behalf will come down entirely to what conditions work best given the circumstances with which you are dealing.

The best candidates for a collaborative divorce are those who are willing to work through potential issues and come to a mutual agreement with one another regarding the terms and conditions of the ultimate divorce agreement. Divorcing couples who have children often opt for collaborative divorce to avoid courtroom litigation that could be upsetting to their children.

In order for a collaborative divorce to work, both spouses must be committed to working through their issues. At the core of every collaborative divorce is the understanding that the process will be completed amicably. A couple whose disagreements are major might not be suited for a collaborative divorce that requires mutual agreement and neutrality in order for successful completion.

The Role of Your Attorney

The completion of a collaborative divorce in North Carolina hinges on a couple's commitment to resolving the issues of a divorce under amicable, neutral communication. While this is often a very productive way to finalize the terms and conditions of a divorce agreement, it relies upon a couple feeling mutually about the issues that are brought up for discussion. Although the process of collaboration is intended to remain neutral, your attorney is not obligated to act neutrally. Therefore, securing legal representation can ensure that you have a legal advocate on your side as the process is completed.

At Collins Family Law Group, our divorce lawyers are both experienced and well educated, and thus able to advocate on behalf of the clients that we represent in collaborative divorces. When issues arise that require professional advisement, we will be by your side to answer any questions that you may have. We advise our clients in collaborative divorces to utilize our knowledge and skills as a resource for successfully completing the process, and we encourage you to do the same. Contact us today to learn more about the services that we can provide as you attempt to complete the divorce process in Monroe.

Collins Family Law Group - Monroe Divorce Attorney
Located at 112 North Main Street, Monroe, NC 28112.
Phone: (704) 269-6697.
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