Some family lawyers and clients think of Collaborative Divorce as being a non-legal process. In fact, one of the biggest misconceptions about Collaborative Divorce is that it is an extra-legal or non-law based process.
That may be true in some states. However, in North Carolina, Collaborative Divorce is a statutory procedure, just like litigation, arbitration or mediation. Collaborative Divorce is allowed, protected, controlled and therefore encouraged by the laws of North Carolina. This has been the case since 2003.
Chapter 50, sections 70 through 82 of the North Carolina General Statutes recognize, formalize and regulate the Collaborative Divorce process in this state. These statutes extend legal deadlines for couples involved in Collaborative Divorce, prevent courts from deciding divorce issues while a Collaborative case is pending and ensure that the conversations held in a Collaborative Divorce are privileged and inadmissible in court. They also require the attorneys in a Collaborative Divorce to withdraw once a lawsuit is filed so that neither attorney gains financially by going to court.
Rest assured that by choosing choosing Collaborative Divorce, you are choosing a process that is approved, encouraged and regulated by the laws of North Carolina.