Green Divorce—A less stressful path for divorce in North Carolina

Green Divorce is a comprehensive collaborative approach to resolution that does not involve litigation or going to trial.  By combining the expertise of several professionals normally involved in the separation/divorce process into one holistic approach, the Green Divorce offers your family the opportunity to receive the knowledge, advice and support required to minimize the emotional and financial damage inherent in the separation/divorce process.

The Green Divorce process is designed to—

  • Reduce stress, conflict, unnecessary litigation, time and expense
  • Reuse financial documents, experts and consultants and family resources
  • Recycle marital assets into separate sustainability, old problems into new creative solutions, adversarial trials into collaborative settlements

In a Green Divorce, the parties achieve their separation through a series of mediated settlement conferences.  Issues are settled by mutual agreement of the parties themselves, rather than by a judge.  Resolution is achieved through a collaborative approach with the help of several professionals trained to address a variety of issues.  The Green Divorce allows couples to address their separation from a cooperative, rather than an adversarial platform.  It provides both parties with the knowledge and support they need to negotiate a major life transition with as little damage to their families and themselves as possible.

You may also want to attend one of our Do-It-Yourself Divorce Clinics.

Frequently asked questions about Green Divorce 

Isn't the Green Divorce really a green separation? The Green Divorce is most effectively applied to the separation process.  However, it can include an uncontested divorce after the parties have been separated for at least one year per North Carolina law.  The goal is to have all issues settled before filing the actual divorce. 

How does a Green Divorce work?
The Green Divorce has a set of distinguishing traits that make it a success:

  1. Mediation—Parties focus on settlement instead of litigation, so the process is client-based instead of lawyer-based.
  2. Collaboration—The Green Divorce includes sessions with a therapist, a tax professional, a financial planner or a combination of the three.  This feature offers clients the opportunity to have their questions answered and their concerns addressed by a variety of experts, so that each party can make the most informed decisions possible.
  3. Joint settlement conferences—The parties and their mediator meet in several conferences designed to maximize the problem-solving abilities of each participant and reduce unnecessary conflict and stress.
  4. Full disclosure—Both parties put their cards on the table from the beginning so issues can be dealt with directly and honestly.  Each party brings all documents and information available to every meeting.  All information is shared.
  5. Needs-based negotiation—Participants agree to use various communication techniques to better understand one another's needs.  The focus is on problem-solving instead of winning or beating the other party.
  6. Future-focus—The mediator and other professionals involved in the process help the parties move past what caused the dissolution of the relationship and focus instead on what is best for the family as a whole in the future.
  7. Jointly-retained experts—The parties hire and consult the same experts, such as psychologists, appraisers, business valuators, and accountants, thus reducing costs and duplicate information.
  8. Success—Success is measured in the short-term satisfaction of resolving all outstanding issues efficiently, and in the long-term happiness of both parties and their children as they move through the transition and into a new phase of their lives in a positive way. 

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What happens if the Green Divorce process doesn’t work?
If negotiations break down, the parties still have traditional litigation, mediation and arbitration methods available.  Plus, a majority of the information gathering needed to start litigation is complete, typically saving thousands of dollars and months of time.  However, statistics show that the settlement rate and overall satisfaction of parties who use collaborative methods like those in the Green Divorce is much higher than those who resolve their problems in court.

Does the mediator represent me or my spouse/partner?
The mediator, although a licensed attorney, does not represent you or your spouse/partner.  The mediator's role is to guide you to settlement, not to dispense legal advice.  In fact, the mediator is ethically barred from offering either you or your spouse/partner legal advice, and you have the opportunity to consult with an attorney at any time during the process.  It is important to understand, however, that although the mediator is licensed to practice law, he/she does not operate in that capacity during the Green Divorce.  Rather, the mediator serves as a neutral third party who is trained to broach compromise and settlement, rather than animosity and litigation.

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Do-It-Yourself Divorce Clinic

Demystifying the North Carolina divorce process

Haas & Associates, P.A. offer monthly Do-It-Yourself Divorce Clinics featuring:

  • 90 minutes of attorney-guided step-by-step instructions on filing and demystifying the divorce process
  • All of the necessary forms and documents included in one easy-to-use-and-understand packet
  • A free 30-minute consultation with an experienced family law attorney about divorce-related issues, including child custody, child support, alimony and property distribution
  • A fully transferable $50 gift certificate to be used towards future legal services, including estate planning—it is crucial to ensure that you update your estate planning documents following a divorce!

Space in our Do-It-Yourself Divorce Clinics is limited.  Please contact Haas & Associates, P.A. today to reserve your spot in our next clinic.

The fine print

There is a filing fee for divorces and there also may be additional charges related to mailing/service of legal documents.  Those fees are not included in the price of the clinic and shall be the sole responsibility of each filer.  Your free 30-minute consultation shall be scheduled at the clinic for a later date and time.  The gift certificate may be used by the attendee or transferred to any person to be used towards any legal services offered by the law firm of Haas & Associates, P.A.

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Mediation

Haas & Associates, P.A. offers mediation services which enable a couple to dissolve their marriage in a dignified manner and without the expense of contested divorce proceedings.  Mediation provides an opportunity for divorcing couples to establish a respectful relationship going forward.  This is especially important if there are children involved.  In a mediated divorce, the partners—not a judge—make the decisions about the division of marital property and about the parenting agreement.

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Collaborative law

Attorneys at Haas & Associates, P.A. are also available to assist with collaborative divorce.  Collaborative law defines a process for settling marital dissolution without resorting to litigation.  The collaborative divorce process sets a series of ground rules agreed to by the divorcing couple and their attorneys:

  • Each party retains an attorney who agrees in advance not to take the case to trial.
  • Both sides agree to provide full disclosure.

The objective is to negotiate the issues peacefully with the assistance of the attorneys rather than to have an outsider settle the terms.  If, ultimately, the parties cannot agree on a settlement and decide to litigate, new attorneys must be hired.

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Because every family is different

The attorneys of Haas & Associates, P.A. understand that each family has its own unique needs and goals that should be honored and furthered by the legal professionals who support them.  That is why commitment to our clients' needs is our number one priority.  Call us at 1-919-827-0916, or contact Haas & Associates, P.A. online to set up a consultation about Green Divorce with one of our attorneys/mediators.