What is Collaborative Divorce?
by Dan Lewis
“Collaborative Divorce” is a means of dispute resolution where the parties (called “participants”) and their attorneys agree to work together to resolve their family law issues without involving or threatening adversarial litigation. North Carolina law specifically recognizes this process as an alternative to litigation for those who do not want to go to court.
During this confidential process, each participant has an attorney to assist in creative problem-solving of issues ranging from child custody, division of assets and debts, and support. Third-party neutral professionals, such as divorce coaches and financial professionals, assist the participants and the attorneys as needed and as agreed upon by your collaborative team. Through a series of meetings (in-person, virtual, or a combination), participants and their attorneys discuss each issue and generate options for settlement where the parties maintain control of the outcome. Compared to litigation, which can result in a scorched earth view of the other party, Collaborative Divorce often leads to more durable agreements, positive relationships for the future (especially important when co-parenting children), and solid foundations as participants move to the next chapter in their lives.
A distinctive element of the Collaborative Divorce process is the signing of a Collaborative Divorce Participation Agreement by the participants and their attorneys. This agreement contains the vital provision that if the process does not result in a settlement, then the participants’ attorneys must withdraw from their representation. Additionally, the written agreement sets forth various rules, including:
- Respect for one another, the attorneys, and the process;
- The voluntary exchange of documents and information; and
- That all statements made by a participant, all documents exchanged, and all reports or work products generated during the process are confidential and inadmissible in court.
Dan Lewis is a partner with Tin Fulton Walker & Owen, PLLC, in Charlotte, North Carolina. He has exclusively practiced family law since 2005, is a North Carolina Certified Family Financial Mediator, and has been practicing Collaborative law since 2009.