Collaborative Divorce Processes Flashcards

What is the 'team model' in collaborative divorce, and how does it differ from a two-attorney collaborative approach?

Answer: The team model adds neutral financial and mental health professionals alongside the two attorneys for a comprehensive interdisciplinary approach

The interdisciplinary team model augments the two-attorney model with financial neutrals and mental health professionals, providing holistic support for legal, financial, and emotional divorce issues.

A spouse discovers during the collaborative process that the family home has significant undisclosed liens. What is the appropriate next step?

Answer: The discovery should be disclosed to the full team so it can be addressed within the collaborative process

Transparency obligations require that newly discovered financial information be shared with the entire team so it can be factored into negotiations and resolved collaboratively.

Which federal law most directly governs the division of private-sector pension plans in a collaborative divorce?

Answer: The Employee Retirement Income Security Act (ERISA)

ERISA governs private-sector retirement plans and requires a properly drafted QDRO to divide these benefits without triggering taxes or penalties.

How does the collaborative process typically handle a situation where one spouse is significantly less financially literate than the other?

Answer: The financial neutral provides financial education to both spouses to level the playing field

The financial neutral educates both spouses on financial matters so each can make informed decisions, addressing the power imbalance without terminating the process.

After a collaborative marital settlement agreement is signed, what step is still required to legally dissolve the marriage?

Answer: The agreement must be submitted to the court and a judge must enter a decree of dissolution

Even in collaborative divorce, the settlement agreement must be filed with the court and approved by a judge, who enters the final divorce decree to legally end the marriage.

What is a key advantage of retaining collaborative attorneys who belong to a local collaborative practice group (CPG)?

Answer: CPG members share training standards and professional norms, improving the quality and consistency of the collaborative process

Local collaborative practice groups train members in collaborative protocols and ethics, so CPG-affiliated attorneys bring consistent skills and shared professional culture to the process.

In a collaborative divorce, what is the significance of maintaining 'respectful communication' protocols during meetings?

Answer: It reduces emotional escalation so that productive problem-solving can continue rather than devolving into conflict

Respectful communication ground rules help keep sessions focused on interests and solutions rather than blame, enabling both spouses to engage constructively even during emotionally charged discussions.