Divorce is often a confusing process full of pain and hurt feelings, but with collaborative law divorce, it does not have to be. While some divorces are full of drama, tension, and high emotions, other couples simply realize that their marriage relationship is not sustainable or beneficial and mutually agree to separate. In South Carolina, collaborative divorce can help resolve a marriage settlement and finalize a divorce efficiently and without intense conflict. Generally, this method of divorce is best suited to mutual divorces without major disagreements, as it requires much cooperation. While this is often an effective method, it may have an impact on divorce appeals.
As collaborative law divorce is a form of uncontested divorce, this can hinder the possibility of a future divorce appeal. Understanding the nuanced legal complications present can help divorcing couples know how to proceed and finalize their divorce. Being aware of potential pitfalls can help couples work collaboratively towards a mutual goal. Additionally, skilled legal counsel can help navigate these issues and can be integral to the collaborative law divorce process.
For more details on how divorce appeals and collaborative divorces may interact, speak with a skilled South Carolina or North Carolina divorce lawyer from King Law Offices today. Call (888) 748-5464 to schedule an appointment with an attorney.
What is Collaborative Law Divorce?
The details and nuances of a divorce case can drastically impact how the case is pursued, and attorneys generally classify these cases differently to better understand how to advocate for the legal rights of their clients. Collaborative law divorce is one such categorization. However, it is unique in that it is very similar to a mediated divorce and an uncontested divorce. This type of divorce occurs when two spouses mutually agree to divorce and pursue the process together, making compromises and negotiating a settlement of their own accord. These divorces are uncontested because both spouses can agree on difficult issues like child custody, spousal support, and others, but it is unique in that both spouses are respectfully and mutually pursuing this settlement.
What is the Difference Between Collaborative Law Divorce and Mediation?
This may seem like a mediated divorce, but there are some key differences. While mediated divorce may be uncontested, this does not mean they are conflict-free or collaborative. Some mediated divorces, though employing Alternative Dispute Resolution (ADR), are high-conflict and antagonistic. Meditation can be a tool to remedy this, leading to an uncontested divorce, but a collaborative law divorce may be accomplished without the advisement of a mediator. The couples and their respective legal counsel may be able to complete a divorce settlement without a mediator present.
Structure of Collaborative Law Divorce
Collaborative law divorce also follows a unique structure. While some may assume that if both spouses agree on the terms of a divorce, they can pursue it however they like, this is generally inaccurate. First, uncontested divorces that are not fault-based in South Carolina may require a one-year separation period to be valid. According to the South Carolina Code § 20-3-10, there are five grounds for divorce. While four of the five are related to marital misconduct, such as habitual drunkenness or abuse, the final ground for divorce is separation without cohabitation for a year or longer. Additionally, collaborative law divorcees must follow the process with their lawyers to create a marriage settlement and file for an uncontested divorce with the courts.
An experienced York County, South Carolina divorce attorney may be able to assist with the uncontested divorce process.
Uncontested Divorce and Appeals
While collaborative divorce can be beneficial, there can be unexpected complications further down the road. Uncontested divorces, as they are built on mutual and contractual agreement in a marriage settlement, are very difficult to appeal. Divorce appeals are based on errors of law present in the trial courts. If a party suspects a miscarriage of justice, they can appeal the decision and send it to a higher court. The judge will review the briefs provided by appellate lawyers and evaluate the decisions of the lower courts. They may either affirm the decision, reverse the decision, remand it back to the courts, or modify it. However, divorce appeals are difficult when the actions of the court were simply to approve the divorce settlement as agreed upon during a collaborative law divorce.
Can You Appeal a Collaborative Law Divorce?
Divorce appeals in general are difficult cases, as the burden of proof is on the appellant to provide evidence that justice was miscarried. This makes divorce appeals of uncontested divorces incredibly challenging, as the court merely decides to affirm the written agreement that both spouses agreed was fair. While divorce appeals in these circumstances may still be possible, they may rely on specific errors or denials of basic rights. Understanding the arguments for divorce appeals can help clarify how to pursue a given case. In many collaborative law divorces, it can be more effective to petition for modification rather than seeking an appeal.
Challenges of Divorce Appeals
Divorce appeals can be difficult to navigate, as they do not function like standard trials in court. The trial courts handle disputes by hearing arguments, examining evidence, and making a decision via the judge and jury. Divorce appeals do not follow the same process. Appeals correct errors that were made in the trial courts. As such, they do not hear new arguments or evidence, but examine the application of the law and make a decision based on their evaluation. This means that divorce appeals often require specialized legal experience and can be confusing and difficult to navigate. Divorce appeals can also be made difficult by decisions made previously or other factors of a collaborative law divorce.
Contact a South Carolina Divorce Attorney Today
Collaborative divorce is generally an effective and efficient method of pursuing divorce, which can help preserve relationships and avoid unnecessary conflict. This can also be incredibly helpful when there are children from the relationship, as it can help maintain family dynamics and bonds through the divorce process. However, collaborative law divorce can also negatively impact divorce appeals. As divorce appeals are based on errors of law, an uncontested divorce can be incredibly difficult to appeal, even if the terms of the divorce settlement seem unfair. A seasoned South Carolina divorce appeals attorney can evaluate a case and provide legal insight. Schedule an initial consultation today by calling the office at (888) 748-5464.
