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.