Fayetteville Family Attorneys Guide Clients Through Collaborative Divorce

Considering the full range of options for obtaining an amicable dissolution

Divorce is never easy, but many couples still maintain a relative civility even while going through the most difficult time of their relationship. For them, there are alternatives to the traditional divorce litigation process that can facilitate resolving even the most complex issues with less contentiousness. We recognize the many benefits collaborative divorce offers to Fayetteville couples. That is why we at Devan & Null PLLC make it a priority to be on the cutting edge of this innovative alternative dispute resolution process.

What is North Carolina collaborative divorce?

Litigation of any kind frequently relies on the use of expert witnesses to offer opinions on the more complex and technical aspects of the dispute. Each side hires their own experts at their own expense to offer competing opinions. Divorce is no exception. Unfortunately, the end result is that both sides end up duplicating their efforts, procuring two competing opinions on every issue, and presenting their findings in an adversarial setting.

Like other forms of alternative dispute resolution (ADR), collaborative divorce removes the proceedings from the formal litigation process. But collaborative divorce goes a step further, making the process less adversarial than even mediation or arbitration. In collaborative divorce, the parties may mutually agree upon independent experts to offer neutral and unbiased opinions on the various issues the divorce entails, addressing both parties’ financial and economic concerns and child custody and welfare issues. The parties meet with their agreed-upon experts in a series of conferences to discuss the issues, and then, with guidance from our Fayetteville divorce attorneys, put together an agreement that resolves those matters without forcing the courts to interfere. The parties remain free to mutually alter the agreement should circumstances change in the future.

What are the advantages of this ADR method?

North Carolina law fully supports collaborative divorce because our legislators understand the numerous advantages it can offer over traditional divorce litigation:

• It is more private — Whereas divorce litigation takes place in open court and public filings, the proceedings of collaborative divorce are completely confidential and discreet. Only the final divorce agreement is subject to court review.
• It is less expensive — By relying on neutral consultants instead of competing experts for each side, couples can drastically reduce the cost of a complex divorce. Collaborative divorce can also minimize court costs and attorney fees.
• It saves time — Collaborative divorce allows couples to schedule sessions at their own convenience and pace rather than being subject to the crowded and inflexible court calendar, where months may pass between hearings and multiple continuances could allow the process to stretch out for years.
• It gives you more control — Divorce litigation ultimately turns the details of your divorce over to a judge, but collaborative divorce keeps control squarely in the hands of the parties. While expert consultants offer insights and make suggestions, the parties themselves make every decision.

Collaborative divorce may not be for everyone. It may not be necessary for simple divorces and may not be appropriate for cases involving domestic violence or other marital misconduct. But for spouses who maintain a reasonably amicable relationship, collaboration can offer very real advantages over traditional litigation. Our law firm can help you determine if collaborative divorce is a good option for you.

Contact our North Carolina family law attorneys for help with collaborative divorce

Our priority is to provide our clients with the best options and the best value as they go through a divorce. That’s why Devan & Null PLLC is invested in the collaborative divorce process. Our office is located on Fountainhead Lane in Fayetteville, North Carolina, blocks from the Hay Street exit of US 401. We are available for consultations by appointment from 8 a.m. to 1 p.m. and 2 p.m. to 5 p.m., weekdays. To schedule a consultation with one of our attorneys, call 910-745-6645 or contact us online. Take the first step today toward putting your divorce behind you.