Collaborative Divorce
Divorce is a significant life decision that affects many aspects of a couple’s life. In most cases, there are financial, child custody, and/or support matters to address. Litigation and court proceedings add undue stress to the already challenging situation, which can take a toll on your emotional and financial well-being.
A Non-Adversarial Approach
Today, more and more couples are shying away from the adversarial litigation route in favor of the collaborative process. The collaborative divorce approach allows spouses to negotiate amicably (similar to mediation), in good faith, and full disclosure without court intervention. A collaborative divorce attorney represents each of the divorcing parties to achieve fair and durable agreements.
At Miranda Law Firm, we’re committed to helping clients negotiate a secure and equitable divorce agreement outside the court system. Our leading divorce attorney, Sarah Miranda, is one of the few lawyers offering collaborative divorce services in Cumberland County.
What is a Collaborative Divorce?
A collaborative divorce is considered a more private and civil approach, versus “fighting it out” in the courts. It minimizes the stress and emotional trauma divorcing spouses and children experience in litigation. The goal is for both parties to reach a mutual agreement that is fair and balanced. Further, the process is convenient, less costly, and less time-consuming than traditional divorce, especially in cases where heavy litigation is involved.
Collaborative divorce also offers a clear advantage to parents who are focused on moving forward in a positive way to set the foundation for continuing family interaction. Let us help you reach realistic and workable solutions that allow you both to move forward with your lives without exposing your children or your reputation to the high conflict situations present in contested cases. Note, the couple must still have been separated for one year and a day before filing and finalizing their divorce.
A More Private Divorce Setting
Collaborative divorce is ideal as it offers a more private environment for civilized and respectful resolution away from the public eye. The divorcing parties can benefit from experienced legal counsel and skilled advocacy from Sarah Miranda while keeping their matters confidential using collaborative law.
At Miranda Law Firm, we have the insight and skill to craft practical, beneficial results for you and your circumstance. Sarah Miranda strongly encourages clients to investigate this alternative to protect reputations and maintain privacy.
Mediation vs. Collaborative Divorce
Divorce mediation is a cooperative divorce method where a neutral third party (the Mediator) will work with the couple to resolve divorce matters, such as custody, financials, and more. There is no requirement for a mediator to be an attorney. This also means that the couples are not represented by their lawyers in mediation. The couple works directly with the Mediator to help guide them through negotiations to see if they can come to agreeable terms.
In a collaborative divorce, each couple would have a lawyer to advocate for them. Unlike mediation, the couple would have their lawyers to advise them during negotiations and protect their interests. As in a traditional divorce setting, the collaborative lawyer’s job would be to try and get the most favorable outcome for their client. Unlike mediation which can still lead to litigation, both parties in a collaborative divorce sign a contract that states they are committed to using cooperative dispute resolution techniques instead of combative tactics to negotiation the divorce issues. The contract is called a participation agreement.
As a reminder, although the couple may move forward with negotiations in mediation or collaborative law, they must still be separated one year and a day in North Carolina in order to file and finalize their divorce.
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Collaborative Divorce
Divorce is a significant life decision that affects many aspects of a couple’s life. In most cases, there are financial, child custody, and/or support matters to address. Litigation and court proceedings add undue stress to the already challenging situation, which can take a toll on your emotional and financial well-being.
A Non-Adversarial Approach
Today, more and more couples are shying away from the adversarial litigation route in favor of the collaborative process. The collaborative divorce approach allows spouses to negotiate amicably (similar to mediation), in good faith, and full disclosure without court intervention. A collaborative divorce attorney represents each of the divorcing parties to achieve fair and durable agreements.
At Miranda Law Firm, we’re committed to helping clients negotiate a secure and equitable divorce agreement outside the court system. Our leading divorce attorney, Sarah Miranda, is one of the few lawyers offering collaborative divorce services in Cumberland County.
What is a Collaborative Divorce?
A collaborative divorce is considered a more private and civil approach, versus “fighting it out” in the courts. It minimizes the stress and emotional trauma divorcing spouses and children experience in litigation. The goal is for both parties to reach a mutual agreement that is fair and balanced. Further, the process is convenient, less costly, and less time-consuming than traditional divorce, especially in cases where heavy litigation is involved.
Collaborative divorce also offers a clear advantage to parents who are focused on moving forward in a positive way to set the foundation for continuing family interaction. Let us help you reach realistic and workable solutions that allow you both to move forward with your lives without exposing your children or your reputation to the high conflict situations present in contested cases. Note, the couple must still have been separated for one year and a day before filing and finalizing their divorce.
A More Private Divorce Setting
Collaborative divorce is ideal as it offers a more private environment for civilized and respectful resolution away from the public eye. The divorcing parties can benefit from experienced legal counsel and skilled advocacy from Sarah Miranda while keeping their matters confidential using collaborative law.
At Miranda Law Firm, we have the insight and skill to craft practical, beneficial results for you and your circumstance. Sarah Miranda strongly encourages clients to investigate this alternative to protect reputations and maintain privacy.
Mediation vs. Collaborative Divorce
Divorce mediation is a cooperative divorce method where a neutral third party (the Mediator) will work with the couple to resolve divorce matters, such as custody, financials, and more. There is no requirement for a mediator to be an attorney. This also means that the couples are not represented by their lawyers in mediation. The couple works directly with the Mediator to help guide them through negotiations to see if they can come to agreeable terms.
In a collaborative divorce, each couple would have a lawyer to advocate for them. Unlike mediation, the couple would have their lawyers to advise them during negotiations and protect their interests. As in a traditional divorce setting, the collaborative lawyer’s job would be to try and get the most favorable outcome for their client. Unlike mediation which can still lead to litigation, both parties in a collaborative divorce sign a contract that states they are committed to using cooperative dispute resolution techniques instead of combative tactics to negotiation the divorce issues. The contract is called a participation agreement.
As a reminder, although the couple may move forward with negotiations in mediation or collaborative law, they must still be separated one year and a day in North Carolina in order to file and finalize their divorce.
