If you are divorcing, but would rather avoid the contentious, expensive, and time-consuming experience of court, then perhaps the collaborative divorce process is appropriate for you and your spouse. In a collaborative divorce, both parties will sign a collaborative divorce agreement wherein they each agree to full disclosure of all matters with full confidentiality without the necessity of court hearings. The parties work together, through their attorneys, to reach agreements that minimizes emotional and financial trauma. Agreements such as these can preserve privacy, integrity and foster successful co- parenting relationships without destroying or embarrassing one another on the stand. If the parties are unable to resolve all issues, then the agreement allows for both attorneys to withdraw and the parties will move forward with litigation with a different set of attorneys. As part of your collaborative divorce, the following issues may be resolved:

Spousal Support

Spousal support is awarded to the dependent spouse in the form of post- separation support (support from the date of separation to the date of actual divorce) and then alimony (support awarded following divorce) if circumstances allow. It is important to realize that alimony is not routinely awarded and if a Judge does award alimony it is usually on a temporary basis. Rarely is permanent alimony awarded. Factors to consider for an award of permanent alimony are marital fault, education and earning capacities, duration of marriage, standard of living, contribution of a spouse a homemaker, etc. Ultimately an award of alimony, be it temporary or permanent, is at the discretion of the judge.

Whether you are the dependent or supporting spouse and have questions regarding your eligibility and rights regarding payment or receipt of spousal support, please contact Rutherford Robertson, P.A. and schedule your confidential consultation today.

Child Custody

Child custody is probably the most combative aspect of the whole divorce process. As such, highly contested child custody disputes can become very expensive. No one wants to be told when and how often he or she can visit with his or her child, nor do people like the idea of having to work with the other parent in highly contested divorce cases to make for a smooth transition for the children. Entering into a collaborative divorce agreement can prevent your children from becoming collateral damage which is often times the case in high conflict custody cases. This will foster a better co-parenting environment for your children and will be less traumatizing for those children.

North Carolina recognizes two types of custody: “physical” custody and “legal” custody. Physical custody is where the child is physically residing and is determined by examining the “best interests” of the child. In most cases, physical custody is awarded jointly to the parents unless it is shown that joint physical custody is not in the child’s best interest.

Legal custody involves the decision-making authority concerning long-lasting significant issues such as education and religious upbringing. Legal custody can be awarded jointly to both parents or solely to one parent.

Child Support

Each parent has a duty to support their children. Having to rely on someone else for the needs and support of your child can be problematic without the assistance of an attorney. In North Carolina child support is determined through the use of child support guidelines and calculators based on each parties’ income. If you aren’t sure what the other parent makes, or even if the other parent is working, Rutherford Robertson, P.A. can subpoena those records from employers and obtain bank statements to ensure that the full amount of income is reported. If timely payments are an issue, perhaps wage withholding is an option for you.

Property Division (Equitable Distribution)

During the course of a marriage, spouses obtain properties, cars, household furnishings, debts, retirement, savings, etc. When the marriage comes to an end, all of these things (commonly known as “marital property”) must be equitably distributed among the spouses. The division is not necessarily equal, but must be “fair.” All assets and liabilities must be listed and valued.

Qualified Domestic Relations Order

The distribution of pensions, qualified plan, and other retirement assets is handled through the use of Qualified Domestic Relations Order (QDRO). A QDRO is required when the parties are dividing up a qualified plan account or pension plan in a divorce. This order directs the plan administrator how to make the distributive payments.

If you are considering Collaborative Divorce and have concerns and questions about spousal support, child custody, child support or equitable distribution, what you have to gain or what you could possibly lose, please contact Rutherford Robertson, P.A. and schedule your confidential consultation today.

Modification of Court Orders

From time to time circumstances may change requiring that there be a modification of court orders. Child custody and child support are always modifiable as is spousal support.