Collaborative Divorce Processes Flashcards
7 cards from real CDA practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Collaborative Divorce Processes flashcards as text
What happens to the collaborative process if one spouse secretly hides assets during negotiations?
Answer: The collaborative process terminates and litigation may begin
Disclosure of all financial information is a foundational requirement of collaborative divorce, and concealment violates the participation agreement, ending the collaborative process.
In a collaborative divorce, which professional is BEST suited to help spouses develop a post-divorce parenting schedule?
Answer: A child specialist or mental health professional
Child specialists or mental health professionals on the collaborative team are trained to assess children's needs and help parents craft developmentally appropriate parenting plans.
Which of the following best describes the 'interest-based' negotiation model used in collaborative divorce?
Answer: Identifying underlying needs and goals rather than fixed positions
Interest-based negotiation explores the underlying motivations and needs behind each spouse's position, enabling creative solutions that positional bargaining cannot achieve.
A couple in a collaborative divorce has a closely held family business. Which specialist is typically brought onto the team to address this?
Answer: A neutral financial specialist or business valuator
A neutral financial specialist or business valuator provides an objective assessment of the business's worth, which both spouses can rely on rather than hiring competing experts.
Under the collaborative law model, what is the primary role of each spouse's attorney?
Answer: To advise and advocate for their client while supporting a negotiated resolution
Collaborative attorneys advocate for their client's interests but are contractually committed to reaching a negotiated settlement rather than preparing for courtroom battles.
What is the 'disqualification clause' in a collaborative participation agreement?
Answer: A requirement that both attorneys withdraw if the case goes to litigation
The disqualification clause requires both collaborative attorneys to withdraw from representation if either party decides to litigate, ensuring all professionals are fully committed to settlement.
Which scenario would most likely cause a collaborative divorce team to recommend a mental health professional 'divorce coach'?
Answer: A spouse struggling with high conflict emotions that are impeding negotiation
Divorce coaches help spouses manage the emotional aspects of divorce so that intense feelings do not derail productive negotiation sessions.