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Mediation and no-fault divorce in North Carolina

As we have mentioned on numerous occasions, a splitting couple can file a no-fault divorce in North Carolina after a year of separation. However, it is critical to understand that obtaining the divorce only means that the couple is no longer legally married, all other issues regarding the split need to be figured in additional court proceedings.

These issues can be arranged during the separation period. Mediation can be an extremely cost effective way to amicably work through the terms of a divorce and avoid litigation, ultimately saving expenses for both couples.

Issues surrounding child custody and visitation, property division, alimony and anything else that needs to be addressed when two people decide to disentangle their lives and finances can be arranged through mediation. If mediation fails, aspects of a split may need to be litigated to reach some sort of resolution.

However, that can be avoided by bearing a few things in mind when attempting mediation:

  • Would I think that these terms seemed fair if my soon-to-be spouse proposed them? Mediation is not the place for getting back at a spouse or leveling accusations. If one party suggests an unreasonable agreement, the mediation process can falter and be ineffective.
  • Am I putting my soon-to-be spouse in a defensive position? Issuing blame will cover little ground.
  • Am I willing to compromise? It is important to remember that mediation is about give and take, you might not hear yes to every idea you propose. Be prepared to be flexible.

Retaining an experienced family law attorney during this process and bearing the above points in mind can absolutely mean that a couple in North Carolina can collaborate in an effective manner for a peaceable split that is satisfactory for both parties.

Source: The Huffington Post, "Present Your Best Case To Avoid Litigating Your Divorce," Dianer L. Danois, Feb. 6, 2013

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Firm founder Jonathan Breeden has earned his nickname of "The Bulldog." He takes a direct, straight ahead approach at resolving his client's family law, criminal law, and business related problems. He knows when it's in your best interests to negotiate a resolution or litigate your case in court.
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