What Is Collaborative Divorce
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What Is Collaborative Divorce

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  • Key issues, which specialists involved.
  • Key issues, which specialists involved.
  • CPA - Certified Professional Accountant; CFP - Certified Financial Planner; CDFA - Certified Divorce Financial Analyst.
  • CPA - Certified Professional Accountant; CFP - Certified Financial Planner; CDFA - Certified Divorce Financial Analyst.

What Is Collaborative Divorce What Is Collaborative Divorce Presentation Transcript

  • What Is Collaborative Divorce?
  • Divorce in Nebraska
    • 6,084 divorces in 2009 in Nebraska.
    • 45% of cases were people in their 30s.
    • One in four divorces terminated marriages of 3 years or less.
    • Half were married fewer than 7 years.
    • 51% involved couples with children. (5,790 children affected by divorce.)
    • – Source: Nebraska Health and Human Services VitalStats Report 2009 [issued Oct. 2010]
  • What Is Collaborative Divorce?
    • Each spouse in the divorce is represented by their own attorney, but both parties agree to focus their efforts on reaching an amicable settlement.
    • Goal is a “Win/Win” outcome, not “Winner” and “Loser”
  • Collaborative Agreement
    • Parties agree to:
    • Negotiate a mutually acceptable agreement without going to court.
    • Start over completely (new attorneys) if either party decides to go to court.
    • Communicate openly and share information in good faith, with total transparency.
    • Work together to create shared solutions.
  • Collaborative Divorce vs. Litigation vs. Mediation
    • Collaborative: Team approach; each party has an attorney, but focus is on reaching a settlement together.
    • Litigation: Adversarial process with two attorneys. Unresolved issues decided by judge.
    • Mediation: Cooperative -- one mediator works with both parties. Mediator may be attorney, therapist, or layperson.
  • The Collaborative Team
  • Role of the Attorney
    • Each party has a lawyer trained in the collaborative process. Guides client through legal issues.
    • Files the court-related paperwork (mostly at the end, when settlement reached).
  • Role of the Divorce Coach
    • Each party has a divorce coach.
    • Coach is a mental health therapist (generally a counselor, social worker, or marriage and family therapist)
    • Helps sort through emotional issues and get parties “unstuck” when problems arise.
  • Role of the Financial Specialist
    • Couples share one financial specialist. Typically a CPA, Certified Financial Planner, or Certified Divorce Financial Analyst.
    • Neutral party.
    • Assesses financial issues (assets, debts, cash flow) and advises the couple on property settlements and tax implications.
  • Role of the Child Specialist
    • Couples share one child specialist.
    • Mental health specialist with expertise in child development.
    • Neutral party — does not decide. Advises and guides both parties.
    • Meets with children and parents separately. Helps develop custody arrangements / parenting plan.
  • Costs & Timelines
    • Costs: Even with team, often costs less than litigation with agreement between the parties. (Fewer filing fees; no discovery, witness fees, subpoenas, court reporter fees, etc.) Can cost more than mediated divorces.
    • Timelines: Parties and collaborative team decide time frame, not judges.
  • How to Get Started/ Find Out More Information
    • “ Second Saturday” – held on second Saturday of each month
    • Website for Nebraska Academy of Collaborative Professionals: www.collaborativepracticene.org
    • Phone: (402) 991-3424