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Collaborative Divorce Solutions of Orange County

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Collaborative Divorce

Orange County Collaborative Professionals Contribute Expertise at California Conference

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Collaborative Divorce Solutions of Orange County members Diana L. Martinez (left) and John Denny will serve on the Collaborative Practice California Board of Directors for 2017-2018. Martinez is a board member; Denny will serve as President. Photo: Courtesy Cathleen Collingsworth

Twelve members of Collaborative Divorce Solutions of Orange County contributed their professional expertise to the annual Collaborative Practice California (CP Cal) Conference XII, held in Redondo Beach, California from April 28 – 30.

Cathleen Collinsworth, a CP Cal Delegate for 2017-2018 and a workshop presenter, said, “This year’s theme of ‘Harnessing the Energy’ came true. The energy was very evident throughout the entire weekend. It is my hope those of us who attended can keep that energy going throughout the coming year.”

Collaborative Divorce Solutions of Orange County member Scott Cramer (left) believes it’s important to work hard and play harder! Seen here with San Diego practice group member Mark Hill in a "guest appearance" with Hill’s band "No Country For Old Men."
Collaborative Divorce Solutions of Orange County associate member Scott Cramer (left) believes it’s important to work hard and play harder! Seen here with San Diego practice group member Mark Hill in a “guest appearance” with Hill’s band “No Country For Old Men.” Photo: Courtesy Cathleen Collingsworth

Also presenting workshops were Bart Carey, Patrice Courteau, Dr. Carol Hughes, and Diana L. Martinez.

CSDOC member and Orange County based family law attorney John Denny received the gavel from outgoing CP Cal President Lisa Zonder, and will serve as CP Cal President for 2017-2018. Also serving with Denny on the board of directors is Diana L. Martinez.

CDSOC member John Denny will serve as Collaborative Practice California President for the 2017-2018 term.
Collaborative Divorce Solutions of Orange County member John Denny will serve as Collaborative Practice California President for the 2017-2018 term. Photo: Courtesy Cathleen Collingsworth

Collinsworth expressed her desire on behalf of the conference attendees to continue collaborating together in their daily work, as well as their daily lives, and continue to educate all they meet on the value of peacemaking.

Why a Collaborative Pre-nup Makes Cents

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by Suanne I. Honey Attorney at Law, CFLS, Mediator and Collaborative Attorney

Sorry for the silly pun when this is such a serious topic. Seriously, though, pre-nuptial agreements are hot topics which give rise to many emotions.

“It paints the Devil on the wall.”

“It is anticipating failure of the marriage.”

“If he or she really loved me, this would not be necessary.”

“I am uncomfortable talking about finances.”

The list can go on and on. Sometimes emotions are an unnecessary waste of energy. Other times emotions have some benefits, even negative emotions. For example, fear in a dark alley in a dangerous neighborhood will cause you to be zealously vigilant about your surroundings which will lead you into taking appropriate steps for your safety … much like the pre-nuptial agreement itself.

Unfortunately, statistics today are not favorable for a lasting marriage. If and when there is a decision to get divorced, the person you once loved turns into the enemy. There is often a total lack of trust at the time of a divorce. There are fights over money, property, and other issues creating stress for both partners. This stress almost always filters down to the children.

Collaborative Law is a process where couples work with a team of expert professionals.

The mental-health professionals work individually with each partner to a marriage (or a potential marriage). They help curb their emotions and phrase their individual needs and wants in a positive, cooperative and logical way, allowing those needs and wants to really be heard and understood by the other partner.

The financial professional will be able to identify and sort out the financial and property issues of concern to the couple in a transparent and logical way.

The Collborative Practice attorneys will help guide their clients through the legal quagmire. This can all be done in a much less stressful, more cooperative way in the collaborative arena.

While important, none of that is the real reason that Collaborative pre-nups make the most “cents.”

The biggest reason for marriages to fail is the breakdown in communication. Having gone through a divorce in the Collaborative law process, many (if not most) participants say if they’d gone through this process before the marriage, the divorce would be much less likely.

So it makes “cents” to have your pre-nuptial agreement created in the Collaborative setting. Because of the communication skills learned by the couple during the process, it may help avoid a future divorce altogether. This saves a great deal of “cents” paid to attorneys and litigation, or future Collaborative Divorce costs.

Even if the unthinkable happens and there is a future divorce, you will come out ahead. Having learned how to conduct difficult conversations in a way that allows your spouse to hear and understand your position, even discussing issues in the divorce process that were not part of the original prenup will save many “cents.”

Most importantly, the stress level exposed to any children during your divorce will be significantly reduced. This is an outcome which is “priceless.”

Experts Contribute to Best Practices at Collaborative Practice California Conference

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Orange County Collaborative Practice professionals will share their expertise with colleagues in April at the annual Collaborative Practice California Conference XII in Redondo Beach.

Members of Collaborative Divorce Solutions of Orange County (CDSOC) are in demand as professional education panelists and seminar leaders throughout Fall 2017 due to their expertise and experience working with a diverse array of Orange County clients in the Collaborative approach to divorce.

“Many collaborative professionals are committed to continuing professional education in order to provide the best service to our clients,” said Dr. Carol Hughes, CDSOC member and workshop leader. “The annual conference of Collaborative Practice California is one venue for us to do this.

“We CDSOC members are honored to be contributing to the further growth of our Collaborative colleagues throughout the state. Ultimately, the reward is offering better options to clients who want to avoid the trauma, time and expense of a litigated divorce or other disputes,” added Dr. Hughes.

Collaborative Practice California presentations include:

Left to right: Cathleen Collinsworth, Carol Hughes, Bart Carey

Collaborative Family Lawyer and Mediator Bart Carey, Divorce Coach and Child Specialist Dr. Hughes, Ph.D., LMFT, and Financial Specialist Cathleen Collinsworth, CDFA™, MAFF™ will facilitate an advanced seminar titled “Grand Rounds for Collaborative Practitioners.”

The workshop format introduces the “Grand Rounds” concept used in the medical profession. A supervising physician-professor and small group of residents visit individual patients in their hospital rooms, diagnosing their symptoms and discussing together how best to help each patient through collaborative problem-solving.

In a similar way Bart, Carol and Cathleen will apply their expertise to analyze individual case challenges presented by participants. The team will “diagnose” and assess the symptoms and prescribe the best course of action.

As a result of the workshop, the attendees will learn how to analyze case challenges presented by their own clients, and then design and implement creative solutions on their behalf.

Collaborative family lawyer and mediator Diana L. Martinez will present a workshop on diversity and cultural issues in divorce.

Collaborative Family Lawyer and Mediator Diana L. Martinez, will co-present a seminar with other California Collaborative professionals discussing cultural competency in family law practice, “Becoming Culturally Competent and Ethically Responsible: Beyond Basics.” Professionals working with families going through divorce and separation need to increase awareness and skills to discern the complex aspects of culture, world views, and communication patterns of the families they interact with during the legal process.

Participants will also learn to identify sociopolitical aspects of racism, power and privilege, and how these may impact issues of trust and create barriers while navigating the legal process. Being able to empathize and navigate these challenges will lead to greater understanding of client needs and achieve a successful outcome without resorting to litigation.

Patrice Courteaum M.A., LMFT, Divorce Coach and Child Specialist

Licensed Marriage and Family Therapist, Divorce Coach and Child Specialist Patrice Courteau, MA, LMFT, will participate in a panel discussion about effective Collaborative Practice outreach in a digital age.

Orange County families who are considering a Collaborative approach to their divorce can be confident in the guidance and qualifications of CDSOC members, who not only uphold high standards in their personal practice, but who are called upon to help California’s Collaborative professionals develop the highest standards in this area of family and civil law.

CDSOC members are available to speak to groups of professionals and to any interested organization or program about the Collaborative Practice approach to solving dispute in family law matters or any civil dispute instead of resorting to time consuming, costly litigation that destroys ongoing relationships. Contact CDSOC at 949-266-0660.

12 Reasons To Create Your Premarital Agreement Using the Collaborative Process

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by Leslee J. Newman, CFL-S, Family Law Attorney
Orange, California

  • Each premarital partner selects their own Collaborative attorney to represent him or her from the very beginning of the premarital Collaborative Process. You and your Collaborative attorney work together until the premarital agreement is completed and signed.
  • Neutral professionals such as a financial planner and/or a Collaborative coach may also be added to your Collaborative team to help you and your partner develop and fully understand your goals as a couple, and the legal and financial ramifications of your decisions.
  • Before any drafting takes place, you and your partner are encouraged to express your thoughts and concerns about what you plan to build together as joint property and what you want to maintain as separate property.
  • Full disclosure of the property and debts of each premarital partner is exchanged including some verification of each asset and each debt.
  • After full discussion, disclosure, and agreement is reached by the premarital couple, the agreement is drafted through the participation of both Collaborative attorneys.
  • After the draft of the premarital agreement is completed, the draft is fully discussed and explained to each premarital partner by his or her Collaborative attorney.
  • Additional drafts and revisions are encouraged by the Collaborative team until both members of the premarital couple are fully educated and satisfied with your agreement.
  • The Collaborative Process takes most of the stress out of the creation of a premarital agreement at a time when you are undergoing the tension and burden of planning your wedding.
  • With the premarital agreement completed, you can concentrate on your wedding plans, the joy of your wedding day, and your honeymoon.
  • After you are married, if there are any changes you wish to make to your property or financial planning, you can return to any of the members of your Collaborative team for assistance.
  • If you should divorce, your premarital agreement should be enforceable by California law because of the guidance of your Collaborative professionals, and the multiple opportunities you each had to discuss, question, and revise your agreement.
  • In the event a divorce occus, the Agreement should serve as a roadmap to simplify your divorce, make it move along more quickly and in most cases make it less expensive. Additionally, you may stay in the Collaborative Process for your divorce agreement, with some or all of the original Collaborative professionals assisting you who already know you and your spouse.

Learn Your Divorce Options at Spring Workshops

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Informative seminars help you learn about the different divorce processes

If you are struggling to find answers for your difficult questions about divorce, attend one of the Spring Divorce Options workshops offered by Collaborative Divorce Solutions of Orange County.

The workshops take place at Orange Coast College, 2701 Fairview Road, Costa Mesa, California. The final date for spring 2017 is:

  • Thursday, April 20, 6 – 9 p.m.

Register online at the Orange Coast College website here (enter “Divorce Options” in the search box), or by phone at 714-432-5880, extension 1 (Monday – Friday, 8:30 a.m. to 4:30 p.m. only). For additional details, visit our Divorce Options page here. The seminar cost is $55 per person and includes all materials.

Our goal is helping people in a diverse range of situations. Divorce is difficult and stressful even under the best of circumstances. It can be especially hard if you have children or economic difficulties. Divorce affects people from all walks of life, and no two situations are alike.

We know from experience it IS possible despite challenges to preserve the emotional and financial resources of the family while respecting everyone’s needs during a divorce.

Led by volunteer attorneys, financial specialists, and mental health professionals who are members of Collaborative Divorce Solutions of Orange County, the workshop will cover the full range of choices couples have as they contemplate divorce, focusing on the non-adversarial, out-of-court options.

Getting answers to your tough questions at the next Divorce Options workshop will help you weather the storm.
Getting answers to your tough questions at the next Divorce Options workshop will help you weather the storm.

Divorce Options provides unbiased information about self-representation, mediation, collaborative divorce, and litigated divorce. The workshop deals with the legal, financial, family and personal issues of divorce in an informational and compassionate small group setting.

The Divorce Options program welcomes anyone thinking about divorce or other relationship transitions including co-habitating couples with children or LGBT couples looking for a process aware and respectful of their unique needs. Divorce Options offers useful information adaptable to a wide variety of family circumstances.

Topics include:

  • Litigation, mediation and collaboration – the risks and the benefits of each process
  • Legal, financial, psychological and social issues of divorce
  • How to talk about divorce with your children
  • Guidance from divorce experts

By learning about divorce and the different process options available you can maximize your ability to make good decisions during the difficult and challenging time. Divorce Options is a workshop designed to help couples take the next step, no matter where they are in the process. It identifies strategies to help you stay out of court, and helps you identify the social, emotional, legal, and financial issues that are most pressing for you.

Presented as a community service by the members of Collaborative Divorce Solutions of Orange County.

 

Members Lend Expertise at Collaborative Divorce Education Institute 3-Day Training

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Experienced legal, financial, and mental health Collaborative Practitioners from Collaborative Divorce Solutions of Orange County shared their expertise at the 2017 Three-Day Collaborative Divorce Interdisciplinary Team Training in January.  Through lectures, discussions, and group participation, the training team helped both new and experienced Collaborative Professionals to develop more skills and a new understanding of how to support and lead their clients to a successful resolution without resorting to litigation.

If you missed this year’s event, be sure mark your calendar for next year’s training in January 2018.

Scenes from the 2017 Collaborative Divorce Education Institute 3-Day Training at National University in Costa Mesa, California.
Scenes from the 2017 Collaborative Divorce Education Institute 3-Day Training at National University in Costa Mesa, California.

The Most Effective Way to Reduce the Cost of Your Divorce or Civil Dispute

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by Brian Don Levy, Esq., Collaborative Attorney and Mediator

What single item can add the most cost to your divorce or civil dispute?  Acting or reacting based on emotional thinking, or making unilateral decisions that are based in emotional thinking.  It is critical to understand how our emotions can drive our thinking and our behavior, and it is important to manage those emotions in a healthy way that allows for understanding viable solutions and facilitates well thought out problem solving.

Every legal and financial decision is potentially wrapped in emotion, and those emotions can prevent us from fully understanding our options and choosing the options that make the most sense going forward.  For almost every divorcing couple or civil disputant, trust is usually broken and communication is not working very well, if at all.  Bringing broken trust and poor communication into the decision-making process is not a good recipe for success.

Therefore, communication coaches are an important investment to be made in achieving a long term satisfying outcome for those in conflict.  I use the term “investment” because failure to understand and manage emotions is a huge cost inflator for those engaged in civil and family law disputes.  The valuable work provided by the communication coach is a cost savings mechanism as well as a valuable resource for those in conflict.

Our emotions determine the “elevator music” that plays in the background of all we do.  Going through a divorce or civil dispute creates uncertainty and ambiguity, which can drive fear.  If fear is the background music playing in our minds at times of conflict, then our ability to process choices and achieve informed consent is limited if not impeded.  Having a communication coach to work with allows a sounding board to check in and assess if we are reacting from an emotional standpoint rather than a legal or financial standpoint.

Having a communication coach also makes it easier for the client to stay present and focused, manage their emotions, and moderate their behavior.  It has been my experience in working with clients embroiled in civil and family law disputes that communication coaches can assist in measurable ways on many levels, including:

  • Helping client create enhanced safety zones;
  • Helping client cope with strong emotions and stress;
  • Helping client to practice effective communication;
  • Helping client remove barriers to communication;
  • Facilitate necessary and difficult conversations;
  • Check in with clients and make sure they stay on task; and
  • Coach the client to the finish line of their dispute resolution process;

Collaborative Law is a unique process that utilizes an integrated team of professionals working together to help people involved in all types of civil and family law disputes to co-create agreements that will be durable and lasting.  Each professional is highly trained in his or her specific profession and all professionals work together to support a healthy outcome.  The integrated team of Collaborative professionals includes legal professionals, financial professionals and communication coaches to support a conflict resolution process that promotes healthy and sustainable outcomes.

Communication coaches are a vital component to the interdisciplinary team of professionals to help us separate the fear or anxiety from the decision-making process so that clients can remain fully present in meetings and in making the important decisions that must be made in a way that will be satisfying, durable and lasting.

Experience is not Expensive.  It’s Priceless!

The Honey Experiment: Can It Help Your Co-parenting Relationship?

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by Suanne I. Honey, Certified Family Law Specialist, Law Offices of Suanne I. Honey

Let me start this blog by letting you know I am a family-law attorney who, unfortunately, still litigates cases. I prefer the Collaborative Process for many reasons. This means I work with couples who at times can be very angry with each other.

This post, however, has to do with attitudes. A recent Facebook post keeps popping up frequently about a teacher of mentally challenged students. He started each school day telling each student compliments specific to that student. There were both expected and unexpected results with her experiment. Most impressive, the students began giving each other compliments and their academic grades improved.

Being a strong believer in the concept of positive energy spreading just as quickly as negative energy, I decided to start my own experiment. A few months ago I started asking my clients who are engaged in a high-conflict relationship with the other parent to give the other parent a compliment. Daily seems too often and rings of insincerity and ulterior motives. I requested once a week or if that was too onerous, once a month.

There is an old saying that you can catch more flies with honey than with vinegar. And since my name is Honey, let’s call this The Honey Experiment.

Sometimes it is a real struggle to find something – really anything – to compliment. It could be as simple as “That pink shirt looked good on you,” to “I appreciate how you give each child individual attention.” The only requirement is that it be completely sincere. If it is just a chore, it will sound hollow and may be worse than saying nothing at all.

You can do this, too, no matter what the status of your relationship is, from loving to friendly to hostile. Find something you truly like about the other parent, be it physical or a character compliment. Just find something. Send a text or an email or even say it in person if you are comfortable doing so.

My sampling of clients are too small to have any scientific basis attached to the outcome, but I too was surprised at the early results. All of the clients I suggested do this agreed. Some followed through on a regular basis, some not so much.

What happened with each of those clients (even the ones who did not actually give the compliments) resulted in less calls to my office voicing complaints about the other parent. I suspect that this newly positive attitude among my clients (even those who did not give the compliments but who clearly gave it some thought) carried over to body language, to tonal qualities in their voice, and in facial expressions at parenting exchanges. It is difficult to be angry with someone who is nice to you. This is not a panacea, but there have been remarkable and noticeable changes in my clients.

Going through the stressors and pressures in a custody battle makes you forget the good qualities that you once appreciated in the other parent. Sometimes those qualities are so buried under bad conduct that it is difficult to dig them out. The compliment project is yielding benefits in their relationship with the ex-spouse or co-parent. Surprisingly, the biggest benefit seems to go to the person giving the compliment, not the one getting the compliment like you might expect. In addition, because the parents are happier, their children are happier, and this is something everyone wants to see.

You cannot give a compliment with expectations of getting one in return, because most likely that will not happen. More importantly it diminishes the point of the experiment. Give an honest, unsolicited compliment to the other parent regularly without expectations of any kind and pay attention to the changes in your life and in the lives of your children.

Isn’t The Honey Experiment worth trying? What have you got to lose? If you try it, post a message on our group’s Facebook page and let us know how it worked out for you. Or send me an email at honey@honeylaw.com