Collaborative Divorce

The Collaborative Law Model is a much discussed and often successful limited representation model useful to some families who wish to avoid litigation and can agree to share resources for the benefit of salvaging family assets for necessary consultants such as financial experts and counselors. In a collaborative divorce, the parties agree at the outset to negotiate resolution to each element of their divorce, share in the expenses involved and participate in open disclosure among attorneys and with their spouse. The biggest difference between the traditional family law model and collaborative divorce is that if negotiation is unsuccessful, the parties to the divorce must discharge (fire) their attorneys and start the process over in the traditional family law arena.

It is for this reason that Monty does not participate in the collaborative law process. Individuals going through the divorce process are usually pleased with the attorney they have chosen and they do not want to spend additional, often limited, funds to hire a new attorney that must start from scratch. An added consideration is the limited number of Family Law Specialists practicing in Western North Carolina – so, there are fewer choices for you if your attorney is not allowed to represent you in litigation. In fact, Monty is the only North Carolina Family Law specialist with an office west of Asheville.

If you and your spouse are truly committed to the collaborative model and are not concerned about the restriction that prohibits your attorney from representing you in litigation if the collaborative law approach is unsuccessful, Monty can refer you to an attorney to guide you through the process. He can also help you evaluate whether a collaborative divorce is really in your best interest.

Coward, Hicks & Siler, PA, is a general practice law firm, whose lawyers are authorized and licensed to provide legal services in the State of North Carolina. We serve clients throughout western state, in Franklin, Sylva, Murphy, Cherokee, Bryson City, Waynesville, Highlands, Cashiers, Cullowhee, Robinsonville, Brevard, Asheville and surrounding townships.

The main content of this site is updated as necessary to ensure accuracy. Blog posts are accurate as of the date of publication and are updated with new posts in the event of changes in the law. All material found on this website is primarily intended for the purpose of marketing, and to allow visitors to compare the services offered by Coward, Hicks & Siler with those offered by similar law firms.

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FRANKLIN

43 West Main Street
Franklin, NC 28734
Phone: 828-524-6475
Facsimile: 828-524-9833

SYLVA

705 West Main Street
Sylva, NC 28779
Phone: 828-586-2147
Facsimile: 828-586-2605

CASHIERS

211 Cashiers School Road
P.O. Box 1918
Cashiers, NC 28717
Phone: 828-743-2401
Facsimile: 828-743-2403

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  • Contact Information

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    Sylva

    705 W. Main Street
    Sylva, NC 28779
    Phone: 828-586-2147
    Facsimile: 828-586-2605

    Cashiers

    211 Cashiers School Road
    P.O. Box 1918
    Cashiers, NC 28717
    Phone: 828-743-2401
    Facsimile: 828-743-2403

    Franklin

    43 West Main Street
    Franklin, NC 28734
    Phone: ]828-524-6475
    Facsimile: 828-524-9833