Collaborative law is a process of resolving civil legal disputes with minimal court involvement. It is governed by North Carolina statute, and it is a popular alternative to adversarial litigation in divorce cases.
A typical situation involves a husband and wife who are separated and seeking a divorce. They sign an agreement expressing their desire to resolve their disputes with minimal judicial intervention. The agreement must be signed by the husband and wife and their respective attorneys, and it must contain an acknowledgement by the parties that they will attempt to resolve the marital disputes in good faith accordance with collaborative law procedures.
If the husband and wife come to a mutual agreement on the marital issues, the attorneys will prepare a collaborative law settlement agreement to be signed by the parties and the attorneys, and the settlement agreement must include provisions for the withdrawal of all attorneys involved in the collaborative procedure if the either party departs from the settlement agreement terms and initiates court action.
John Fernandez is a collaborative divorce attorney in Raleigh, North Carolina. His law practice focuses on collaborative law agreements and helping couples find peaceful resolution during their most difficult times. A collaborative divorce is not the best choice for all divorcing spouses. For those cases where collaborative law is an inappropriate legal tool, John Fernandez is first and foremost a trial lawyer.