In North Carolina, attorneys who participate in the collaborative divorce process on behalf of a party must withdraw from representation if either spouse decides to go to court. So, if either spouse files a marital claim in court, then both spouses must engage new and different attorneys to represent them in the litigation process. Here are some other guiding principles:
- Voluntary exchange of all relevant information between both spouses and their attorneys.
- Shared goal of creating a fair financial plan addressing the needs and interests of both spouses.
- Shared goal of creating a fair parenting plan addressing the best interests and needs of the children.
- Use of neutral consultants, such as financial advisors and family counselors, when needed to inform the parties and help reach agreements.