CDA Collaborative Divorce Processes 3

Question 1

In collaborative divorce, how is the financial neutral's role different from each spouse's individual financial advisor?

Accepted Answer

The financial neutral is a shared expert who serves both spouses without advocacy

Answer

A financial neutral provides objective financial analysis and education to both spouses, unlike individual advisors who advocate for one client's financial interests.

Question 2

Which document formally initiates the collaborative divorce process and binds all participants to its terms?

Accepted Answer

The participation agreement or collaborative law agreement

Answer

The participation agreement is the foundational contract signed by both spouses and their attorneys that defines the rules, commitments, and scope of the collaborative process.

Question 3

A spouse in a collaborative divorce wants to include her mother in negotiation sessions for emotional support. What is the typical protocol?

Accepted Answer

Non-party supporters are generally excluded from collaborative meetings unless both parties consent

Answer

Collaborative meetings are typically limited to the professional team and the two spouses unless both parties and the team agree to include a third party.

Question 4

What distinguishes collaborative divorce from divorce mediation in terms of legal representation?

Accepted Answer

In collaborative divorce, each spouse has their own attorney in all sessions; in mediation, attorneys may not be present

Answer

A key difference is that collaborative divorce always includes both attorneys in the room, while mediation often occurs with a neutral mediator and attorneys may not be present during sessions.

Question 5

A QDRO (Qualified Domestic Relations Order) is needed in a collaborative divorce. Who typically drafts this document?

Accepted Answer

A specialist attorney or QDRO expert, often retained separately

Answer

QDROs require precise technical language to satisfy ERISA requirements, so a specialist attorney or QDRO drafting service is typically engaged to prepare the order.

(CDA) Certified Divorce Advisor Practice Test

(CDA) Certified Divorce Advisor Practice Test

CDA Collaborative Divorce Processes 3