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Collaborative Law Divorce is a new and unique approach to
family law that seeks to eliminate the adversarial court process and commits to reaching
a deeper and long-lasting resolution to the end of a marriage. Parties
that commit to the Collaborative Law Divorce process agree to negotiate
and work towards a comprehensive settlement of
child custody, child support, equitable distribution, and alimony without litigation
before the court. The core theme of Collaborative Law Divorce is that
when parties stop being adversaries and instead focus on the long-term
emotional, psychological, and financial health of both spouses and their
children, everyone will achieve a much more satisfying outcome.
Miller Bowles Cushing partners Chris Miller and Kate B. Miller are both
certified Collaborative Law attorneys in Charlotte, trained and experienced
in this new and rapidly expanding area of law. Call (704) 810-1400 to
schedule a consultation.
Can I File for Divorce Outside of Court?
Because the collaborative process does not involve the court, parties are
not bound by litigation deadlines or the pressure of mandatory hearings
and trials. This allows parties to work at their own pace towards settlement
and take additional time where needed.
For example, if the parties feel a child is having difficulties adjusting
to the separation, the collaborative process can adjust timelines and
allow more time for the collaborative child therapist to work with the
child before the parties are forced to make long-term decisions on a custody
schedule. Alternatively, a court hearing date on child custody is set
and moves forward regardless of whether the children or parents are emotionally
ready to do so.
The Collaborative Contract
Collaborative Law Divorce is different than other types of mediation or
negotiation because of the Collaborative Contract. At the beginning of
the Collaborative Law Divorce process, both spouses and their attorneys
execute a written contract which requires good faith negotiation, an open
and honest disclosure of issues and facts, and a voluntary exchange of
financial and other pertinent information and documents.
The Collaborative Contract also states that if one spouse wishes to end
the collaborative process and pursue court action, the collaborative divorce
attorneys for both parties must end the representation and terminate their
relationship with the spouse. As a result, spouses are incentivized to
continue to work towards settlement rather than pursuing court action
as an emotional reaction.
The Advantage of Collaborative Divorce
You will be supported by professionals with the right expertise to guide
and inform you along the way. The results are legally binding agreements
that resolve the issues facing you and your family. The Collaborative
process preserves your privacy and dignity while giving you the best possible
chance at resolving your disputes respectfully.
Collaborative Practice differs from conventional divorce in 3 important ways:
You and your spouse or partner, along with your Collaborative Professional
Team, pledge in writing not to go to Court.
You and your spouse or partner, rather than a Judge, decide what is best
for you and your family.
Respectful, face to face conversations between you and your spouse or partner,
along with the support and guidance of your Collaborative Professional
Team, lead to a legally binding, long lasting settlement.
You and your spouse will work with your Collaborative team in a series
of face-to-face meetings, at the pace that is right for you. You will
maintain open communication, and information will be shared freely. Together,
using a problem-solving approach, you can find long-lasting solutions.
Contact Miller Bowles Cushing Today
Miller Bowles Cushing attorneys
Kate Miller and
Chris Miller are certified by the International Academy of Collaborative Professionals
(IACP), and utilize the Collaborative Practice. The International Academy
of Collaborative Professionals is an international community of legal,
mental health, and financial professionals working in concert to create
client-centered processes for resolving conflict. The preceding information
can be found in the IACP E-brochure here:
If you would like to learn more about the Collaborative Law Divorce process,
please contact Miller Bowles Cushing today. Call us at (704) 810-1400
to schedule a consultation with a certified Charlotte collaborative divorce attorney.
Over 50 Years of Collective Experience Handling Family Law Cases
Devoted to Providing the Highest-Quality Legal Representation to Our Clients
Proud to Provide Top-Notch Legal Service From NC Board Certified Specialists in Family Law
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