What is Collaborative Law?

Collaborative family law is a unique and client-focused approach to resolving family law disputes, including divorce, without the need for litigation. In North Carolina, this method offers a peaceful alternative to the traditional court process, emphasizing cooperation, transparency, and the best interests of all parties involved, especially children.

In a collaborative family law case, both parties agree to work together with their attorneys to reach a mutually acceptable settlement. This process involves open communication, voluntary disclosure of information, and a commitment to resolving disputes respectfully and constructively.

Key elements of the collaborative process include:

• Participation Agreement: Both parties sign a participation agreement, committing to the collaborative process and agreeing not to go to court. If the process breaks down and litigation becomes necessary, the collaborative attorneys must withdraw, and the parties will need to hire new attorneys for court proceedings.
• Interdisciplinary Approach: The collaborative process often involves a team of professionals, including financial experts, child specialists, and mental health professionals, who work together to provide comprehensive support and guidance.
• Focus on Solutions: The primary goal of collaborative family law is to find solutions that address the unique needs and interests of both parties, rather than simply dividing assets or determining custody through adversarial means.

The collaborative family law process in North Carolina is governed by the North Carolina General Statutes, specifically N.C. Gen. Stat. § 50-70 et seq. This statute outlines the legal framework for collaborative law, including the requirements for a collaborative law participation agreement, the role of collaborative lawyers, and the procedures for handling collaborative law cases.

According to N.C. Gen. Stat. § 50-72, a collaborative law participation agreement must:

• Be in writing.
• Be signed by the parties.
• State the intention of the parties to resolve a family law matter through the collaborative law process.
• Describe the nature and scope of the matter.
• Identify the collaborative lawyers representing the parties.

The statute also emphasizes the voluntary nature of the process and the importance of full disclosure of all relevant information. It provides a legal framework that ensures the integrity of the collaborative process and protects the rights of the parties involved.