CDA Collaborative Divorce Processes 2 — Questions and Answers
Question 1: What happens to the collaborative process if one spouse secretly hides assets during negotiations?
- The process continues with adjusted terms
- The collaborative process terminates and litigation may begin (Correct answer)
- The hidden assets are automatically forfeited
- A mediator is brought in to resolve the issue
Correct 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.
Question 2: In a collaborative divorce, which professional is BEST suited to help spouses develop a post-divorce parenting schedule?
- A forensic accountant
- A child specialist or mental health professional (Correct answer)
- A real estate appraiser
- A title company representative
Correct 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.
Question 3: Which of the following best describes the 'interest-based' negotiation model used in collaborative divorce?
- Focusing on each party's legal rights and entitlements
- Identifying underlying needs and goals rather than fixed positions (Correct answer)
- Dividing all marital assets strictly 50/50
- Allowing each attorney to advocate aggressively for their client
Correct 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.
Question 4: A couple in a collaborative divorce has a closely held family business. Which specialist is typically brought onto the team to address this?
- A licensed clinical social worker
- A neutral financial specialist or business valuator (Correct answer)
- A family law appellate attorney
- A parenting coordinator
Correct 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.
Question 5: Under the collaborative law model, what is the primary role of each spouse's attorney?
- To zealously litigate the case if negotiations fail
- To advise and advocate for their client while supporting a negotiated resolution (Correct answer)
- To serve as a neutral mediator between the parties
- To draft all financial disclosures without client input
Correct 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.
Question 6: What is the 'disqualification clause' in a collaborative participation agreement?
- A provision that prevents a spouse from remarrying during the process
- A requirement that both attorneys withdraw if the case goes to litigation (Correct answer)
- A clause voiding the financial settlement if fraud is discovered
- A rule disqualifying a spouse who misses more than two meetings
Correct 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.
Question 7: Which scenario would most likely cause a collaborative divorce team to recommend a mental health professional 'divorce coach'?
- A spouse who wants a faster property division
- A spouse struggling with high conflict emotions that are impeding negotiation (Correct answer)
- A spouse seeking a lower attorney retainer fee
- A couple with no children and minimal shared assets
Correct 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.
CDA Collaborative Divorce Processes 2
What happens to the collaborative process if one spouse secretly hides assets during negotiations?