North Carolina Divorce Attorney Collaborative Divorce & Separation Agreements
Divorce doesn't have to be a war. At Balbach & Davenport Legal, we help North Carolina couples navigate separation and divorce with dignity, clarity, and financial sanity. Whether you're pursuing a collaborative divorce, separation agreement, or uncontested divorce, we focus on keeping you out of court when possible and protecting your interests when litigation is necessary.
Who This Is For:
Couples separating or divorcing who want to avoid lengthy, expensive court battles
Parents who want to prioritize their children's well-being during divorce
Individuals seeking a collaborative, respectful approach to ending their marriage
Couples who've already agreed on major terms and need legal documentation
Anyone navigating separation, property division, alimony, or child custody in North Carolina
What We Handle:
Collaborative Divorce
A team-based, out-of-court divorce process where both parties work with their attorneys, financial professionals, and sometimes mental health professionals to negotiate a fair settlement. Collaborative divorce in North Carolina prioritizes long-term stability, respectful communication, and solutions that work for both parties.
Separation Agreements
Legal contracts that outline how you and your spouse will handle property division, debt, spousal support (alimony), child custody, and child support during your separation. Separation agreements in North Carolina can later be incorporated into your divorce decree, streamlining the process and avoiding court intervention.
Uncontested Divorce (Absolute Divorce)
When both parties agree on all major issues, we handle the legal paperwork and court filings for an uncontested divorce in North Carolina. This is the fastest, most affordable way to legally end your marriage.
Post-Separation Support & Alimony
Legal guidance on post-separation support (temporary support during separation) and alimony (long-term spousal support). We help you understand your rights and negotiate fair terms.
Property Division & Equitable Distribution
North Carolina is an equitable distribution state, meaning marital property is divided fairly (not necessarily equally). We help you identify marital vs. separate property and negotiate a division that protects your financial future.
Child Custody & Parenting Plans
Creating custody arrangements and parenting plans that prioritize your children's best interests while protecting your parental rights. We handle legal custody, physical custody, visitation schedules, and decision-making authority.
Why Choose Collaborative Divorce or a Separation Agreement?
Lower Costs
Collaborative divorce and separation agreements cost a fraction of what traditional litigation costs. You're not paying attorneys to fight in court for months or years.
Faster Resolution
Court cases can drag on for 12-18 months or longer. Collaborative processes typically resolve in 3-6 months.
Less Emotional Damage
Litigation is adversarial and destructive. Collaborative divorce focuses on respectful communication and problem-solving, which is especially important when you're co-parenting.
You Control the Outcome
In court, a judge who doesn't know you or your family makes decisions about your life. In collaborative divorce, you and your spouse decide what works best for your family.
Privacy
Court proceedings are public record. Collaborative divorce and separation agreements are private.
What's Included in Our Divorce & Separation Services:
✓ Initial consultation to discuss your situation, goals, and options
✓ Drafting of separation agreements, parenting plans, or divorce documents
✓ Guidance on property division, alimony, child custody, and child support
✓ Negotiation support for collaborative divorce or settlement discussions
✓ Court filings and representation for uncontested divorces
✓ Referrals to financial professionals, mediators, or therapists if needed
The Process:
Step 1: Consultation
We'll discuss your situation, whether you're separating, pursuing collaborative divorce, or ready for an uncontested divorce. I'll explain your options and help you decide the best path forward.
Step 2: Separation Agreement or Collaborative Process
If you're pursuing a separation agreement, I'll draft a comprehensive contract that addresses property, debt, alimony, custody, and support. If you're pursuing collaborative divorce, we'll coordinate with your spouse's attorney and any other professionals involved.
Step 3: Negotiation & Revisions
We'll work through negotiations, revisions, and any outstanding issues until both parties reach an agreement.
Step 4: Execution
Once the agreement is finalized, both parties sign. For uncontested divorces, I'll file the necessary court documents.
Step 5: Finalization
For absolute divorces, we'll attend the final hearing (if required) and obtain your divorce decree.
Frequently Asked Questions:
How long does it take to get divorced in North Carolina?
You must be separated for one year before you can file for absolute divorce in North Carolina. However, you can create a separation agreement and resolve all financial and custody issues during that year.
What's the difference between separation and divorce?
Separation is when you and your spouse live apart. Divorce (absolute divorce) is the legal termination of your marriage. You can be legally separated and still married.
Do I need a separation agreement?
You don't legally have to have one, but it's highly recommended. A separation agreement protects your financial interests, clarifies custody arrangements, and prevents disputes during your year of separation.
What is collaborative divorce?
Collaborative divorce is a team-based, out-of-court process where both parties commit to resolving issues respectfully and fairly. If the process breaks down, both attorneys must withdraw and litigation attorneys take over. This built-in incentive keeps everyone focused on settlement.
Can I get alimony in North Carolina?
Maybe. North Carolina allows post-separation support (temporary) and alimony (long-term spousal support) based on factors like length of marriage, income disparity, and standard of living. Alimony isn't automatic and can be waived in a separation agreement.
How is property divided in a North Carolina divorce?
North Carolina uses "equitable distribution," meaning marital property is divided fairly (not necessarily 50/50). Separate property (owned before marriage or inherited) typically stays with the original owner. Marital property (acquired during marriage) is divided.
What if my spouse won't agree to anything?
If collaborative divorce or negotiation isn't possible, you'll need litigation. We can refer you to an attorney who handles contested divorces, or if Kayleigh is available, she handles high-conflict family law litigation.
Ready to Move Forward?
Book a consultation to discuss your separation or divorce. We'll talk through your options, your goals, and the best legal path forward for your situation.