The Benefits of Collaborative Divorce
North Carolina Certified Family Law Specialist Joseph Schmitz is working at the forefront in Winston-Salem in developing and deploying the collaborative divorce process. Collaborative divorce is a groundbreaking and revolutionary process, and it has been tested and proven to be highly effective for helping individuals resolve their issues in a private, lower stress, and cost-effective way, while avoiding the destructive side-effects of court proceedings. Here are just a few of the reasons to consider a collaborative approach to divorce.
The collaborative divorce process is far less expensive than litigation.
Focus on Needs
The Pitfalls of Litigation Are Numerous:
Hearings will be scheduled and cancelled or postponed for a wide variety of reasons, often for reasons that cannot be avoided by your trial counsel. You will inevitably take time off from work for a court date, only to have the hearing continued and you’ve now wasted a valuable day off from work for no reason.
Litigation is governed by a set of rules and procedures that require your attorney to work on posturing your case in front of the court, which often doesn’t yield any tangible results. That time could be much better spent on developing solutions.
Once your case (and future) is left in the hands of a judge, you have no control over the outcome of your case. Court can be like playing the roulette table, never knowing what the judge might do.
How a Collaborative Divorce Works: The Key Elements
The parties and each of their respective attorneys agree to attempt to resolve their disagreements without going to court or threatening litigation, and the stakeholders agree that if litigation becomes necessary, the parties’ lawyers will withdraw and not represent the parties in court proceedings.
If experts are necessary to assist with evaluating certain aspects of the dispute, such as a real estate appraiser, the experts will be mutually hired and serve as a neutral expert.
A series of settlement conferences occur, during which both parties, their respective attorneys, and any others who might be involved (divorce coaches, neutral experts, etc.) come together with a predetermined agenda, to work on:
Identifying each party’s needs; and
Discovering mutually beneficial solutions to meet those needs;
Developing a plan to deploy those solutions;
Implementing those solutions through the preparation of a written, binding agreement, commonly referred to as a Separation Agreement.
Let Us Help
Joe Schmitz brings to the table his years of experience and delivers thoughtful and compassionate representation to his clients. A North Carolina Board Certified Specialist in Family Law, Joe is ready to be the calm in your storm. To schedule your initial consultation, call us at 336-714-2380 or click below to contact our firm online. From our office in Winston-Salem, North Carolina, we represent clients throughout the Triad.