How to Get Divorced with a Collaborative Agreement?
Question:
If my spouse and I sign a collaborative agreement not to go to court, how do we get divorced?
Answer:
The collaborative agreement, which is signed by each party and their attorneys, should explain that necessary interactions with the court are not precluded by signing the collaborative agreement. Even after a case has been settled, certain contacts with the court are required in North Carolina. Two examples are: (1) obtaining a divorce, and (2) filing a “friendly” action requesting that the court divide retirement assets through a Qualified Domestic Relations Order. If a court order is being used to settle the issues of child support and/or child custody, or any other issues, then those settlement terms would be included in a consent order and signed by a judge. Your collaborative attorney(s) will know how to handle these matters without having hearings or trials, and without violating the spirit of the collaborative agreement and the collaborative process.
