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 that 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 the 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, 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. He has exclusively practiced family law since 2005, is a North Carolina certified family financial mediator and has been practicing Collaborative Law since 2009. For more information, visit CharlotteCollaborativeDivorce.com.

Charlotte Collaborative Divorce Professionals - PO Box 25, Charlotte, NC

Divorce does not have to be traumatic. There is a better way – Collaborative Divorce. The fundamental tenets of Collaborative Divorce are respect, transparency, peace, customizat... Read More »