family
BENEFITS OF CHOOSING A
COLLABORATIVE DIVORCE WHEN I EXPERIENCED MY DIVORCE OVER A DECADE AGO, I wish I
knew about the option for collaborative divorce. At the time, it was fairly new to North Carolina as it was passed into law by the state legislature in 2003. This bill recognized collaborative law as an alternative to court and defined the key components of the collaborative process. Instead, my ex and I, along with our two children, experienced a divorce that was expensive, drawn-out, and – at times – adversarial.
AVOID COURT: When you choose an alternative dispute resolution process, such as collaborative law, you won’t step foot into a courtroom. Rather than letting a judge decide what’s best for your family – including asset division and child custody – you and your spouse will work together with your separate attorneys to create an enduring divorce agreement that works for the entire family. In order for this to work, both spouses must commit to the collaborative law process and agree that they will not use the threat of litigation.
FOCUS ON YOUR CHILDREN: Collaborative law prioritizes the well-being of children before, during, and after divorce. As part of the process, a co-parenting agreement is created with input from both spouses, their attorneys, and, if necessary, child specialists. It also outlines future scenarios that are often subject to conflict such as holidays, birthdays, vacations, and education.
SAVE TIME AND MONEY: Divorce through litigation is often costly and time consuming. Sometimes, divorce litigation can take years and the costs increase after every meeting, document prep, and court appearance. With collaborative law, we move as quickly as possible and oftentimes, the divorce filing happens shortly after the state’s mandatory one-year’s separation.
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PRIORITIZE YOUR MENTAL HEALTH: Divorce can be an emotionally complex experience. When you choose a collaborative divorce, there is focus on respectful communication that allows you to protect your mental health. In addition, the collaborative process welcomes the assistance of third-party mental health experts or coaches that can help with the emotions of negotiation as you work toward a resolution.
ACHIEVE A WIN-WIN: A collaborative divorce resolution is a win-win agreement for all parties involved. As you work to untangle the business of your marriage, collaborativetrained attorneys help to negotiate a resolution that fairly divides assets and distributes debts. The agreement is created with equal input from both parties, so you can create a resolution that works best for everyone, including your children. w
LKN EXPERT
Note: This article is intended to be informational only and shall not be construed as legal advice.
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My personal experience inspired me to become a certified divorce mediator and collaborative family law attorney. When I discovered that collaborative law and other types of alternative dispute resolution processes are committed to keeping families out of the courtroom, I knew this was a better way to divorce. While it was too late for me, I used my experience as an opportunity to help others. It became my personal and professional mission to give more people the opportunity to divorce using this healthier method. Choosing collaborative divorce has many benefits and will help you:
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Robin M. Mermans, Esq., is the owner of ROAD to RESOLUTION. Her Charlotte-area legal team can assist with services such as predivorce education, separation agreements, non-adversarial divorce options, and co-parenting guidance. You can contact Robin and her team at 980.260.1600. WRITER
Robin M. Mermans
