Question: If my spouse and I sign a collaborative agreement not to go to court, how do we get divorced?
By Heidi S. Risser
Answer:
The collaborative agreement, which is signed by each party and their attorneys, should explain that necessary interactions with the court are not precluded by signing the collaborative agreement. Even after a case has been settled, certain contacts with the court are required in North Carolina. Two examples are: (1) obtaining a divorce, and (2) filing a “friendly” action requesting that the court divide retirement assets through a Qualified Domestic Relations Order. If a court order is being used to settle the issues of child support and/or child custody, or any other issues, then those settlement terms would be included in a consent order and signed by a judge. Your collaborative attorney(s) will know how to handle these matters without having hearings or trials, and without violating the spirit of the collaborative agreement and the collaborative process.
Heidi Risser is a Charlotte attorney at Risser Law focusing on family law. Risser strongly believes that Collaborative law methods can be used in most cases to avoid litigation and find good solutions to families wrestling with the issues surrounding separation, division of assets, custody, child support, and divorce. Ms. Risser has used these methods for many years to help clients find solutions that meet their families’ needs and goals.