Collaborative Divorce in North Carolina

A collaborative divorce is an alternative to the traditional judicial process that enables both parties and their respective lawyers to "collaborate" among themselves to reach a fair and equitable settlement. Both parties must sign a participation agreement that outlines the rules of the process. North Carolina has codified this process in its statutes.

Current Statutes

§ 50‑70.  Collaborative law.

As an alternative to judicial disposition of issues arising in a civil action under this Article, except for a claim for absolute divorce, on a written agreement of the parties and their attorneys, a civil action may be conducted under collaborative law procedures as set forth in this Article.

§ 50‑72.  Agreement requirements.

A collaborative law agreement must be in writing, signed by all the parties to the agreement and their attorneys, and must include provisions for the withdrawal of all attorneys involved in the collaborative law procedure if the collaborative law procedure does not result in settlement of the dispute.

§ 50‑74.  Notice of collaborative law agreement.

(a)        No notice shall be given to the court of any collaborative law agreement entered into prior to the filing of a civil action under this Article.

(b)        If a civil action is pending, a notice of a collaborative law agreement, signed by the parties and their attorneys, shall be filed with the court. After the filing of a notice of a collaborative law agreement, the court shall take no action in the case, including dismissal, unless the court is notified in writing that the parties have done one of the following:

(1)        Failed to reach a collaborative law settlement agreement.

(2)        Both voluntarily dismissed the action.

(3)        Asked the court to enter a judgment or order to make the collaborative law settlement agreement an act of the court in accordance with G.S. 50‑75.

§ 50‑75.  Judgment on collaborative law settlement agreement.

A party is entitled to an entry of judgment or order to effectuate the terms of a collaborative law settlement agreement if the agreement is signed by each party to the agreement.

§ 50‑76.  Failure to reach settlement; disposition by court; duty of attorney to withdraw.

(a)        If the parties fail to reach a settlement and no civil action has been filed, either party may file a civil action, unless the collaborative law agreement first provides for the use of arbitration or alternative dispute resolution.

(b)        If a civil action is pending and the collaborative law procedures do not result in a collaborative law settlement agreement, upon notice to the court, the court may enter orders as appropriate, free of the restrictions of G.S. 50‑74(b).

(c)        If a civil action is filed or set for trial pursuant to subsection (a) or (b) of this section, the attorneys representing the parties in the collaborative law proceedings may not represent either party in any further civil proceedings and shall withdraw as attorney for either party.

§ 50‑78.  Alternate dispute resolution permitted.

Nothing in this Article shall be construed to prohibit the parties from using, by mutual agreement, other forms of alternate dispute resolution, including mediation or binding arbitration, to reach a settlement on any of the issues included in the collaborative law agreement. The parties' attorneys for the collaborative law proceeding may also serve as counsel for any form of alternate dispute resolution pursued as part of the collaborative law agreement.

Talk to an Attorney

A collaborative divorce allows you to reach an equitable dissolution agreement without the usual contentions of traditional litigation. Both parties must be adequately represented to ensure a fair outcome. Consult with an experienced attorney in North Carolina to help you through the process.