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.
Both parties may consult with attorneys, but decide to represent themselves in or out of court. Both parties are ultimately responsible for the agreements and paperwork that goes to the court for filing including the final Judgment.
2. One-Party Representation
One party is represented by an attorney and the other is not. Generally, the party who has the attorney is responsible for drafting the paperwork, and the unrepresented spouse would get advice as to what he or she wants included in the final Judgment.
3. Both Spouses Have Representation
Both spouses have their own litigation counsel, and try to settle parts of the case through settlement discussion. If they are unable to settle some or all of the issues, the case goes to court for a judge to make the decisions for the spouses.
Both spouses retain the same mediator who acts as their neutral facilitator and does not represent either party. Depending on the style of the mediator, and whether or not the mediator is an attorney, the spouses may have the benefit of being educated as to the law, available options, recommendations, … Read More “Your Six Different Divorce Alternatives”
August 4, 2016 Contact: Gayle Lynn Falkenthal, APR 619-997-2495 or firstname.lastname@example.org
(Irvine, California) – Tracy McKenney, CDFA, CFP, has been named President of Collaborative Divorce Solutions of Orange County for the 2016-2017 term. McKenney is a Certified Financial Planner and Certified Divorce Financial Analyst in private practice based in Irvine, California.
Joining McKenney on the 2016-2017 Board of Directors are:
President-Elect: Therese Fey
Vice President: Patrice Courteau
Secretary: Diana L. Martinez
Treasurer: Leslee Newman
Advertising and Marketing Chair: Yaffa Balsam
Membership Chair: Marvin L. Chapman
Training and Education Chair: Suanne Honey
Speakers Bureau Co-Chairs: Carol Hughes and Bruce Fredenburg
Website Chair: Sara E. Milburn
Member at Large: Jann Glasser
“It is important to me to be involved in an organization like Collaborative Divorce Solutions of Orange County. Collaborative Divorce represents a significant advancement in resolving divorce respectfully,” said McKenney. “Going through a divorce is in some ways harder than dealing with the death of a loved one. It worsens when the process is dragged out through contentious, time-consuming and costly litigation in court. In so many cases, couples can avoid the damage of a court battle, even when they aren’t sure they … Read More “Tracy McKenney named President of Collaborative Divorce Solutions of Orange County”
Members of Collaborative Divorce Solutions of Orange County had a wonderful opportunity to train with Vicki Carpel Miller and Ellie Izzo, Collaborative mental health professionals from Scottsdale, Arizona. Miller and Izzo discussed how people going through divorce are often in a “fog” of confusion and paralysis. Our job as competent and compassionate Collaborative professionals is to help each of the spouses to “recover” through what we hope will be a transformative process through Collaborative Practice.
How does this happen? By the use of a cohesive and skilled team of Collaborative professionals—attorneys, mental health, and financial professionals– who can alert you, educate you, and bring you out of the chaos and into the sunlight. This can be done by identifying the different phases of transition and encourage the following stages of recovery:
Recovery Mode: Burned out, over stimulated. Trying to be productive is hard. Transition by focusing on the basics like adequate sleep, water, exercise, the comfort of friends, etc.
Although divorce rates in the United States have seen a decrease in the last decade, divorce rates for couples over 50 have doubled. According to U.S. Census Bureau data, in 2010, one out of every 20 people in the U.S. who divorced was over the age of 65! Now, with the retirement of the “Baby Boom” generation (persons born between 1946 and 1967), the numbers of divorcing seniors is expected to escalate. This phenomenon is often referred to as “gray divorce.”
Some reasons for this increase in gray divorce include the following:
There’s no longer a social stigma for seniors divorcing.
Seniors are living longer and are generally healthier.
Our culture promotes happiness.
A few years ago, a Chicago area billboard advertised divorce with a message that life was too short to be miserable.
Are you a senior and contemplating divorce? Have you helped a parent, colleague or friend who was in their 50s, 60s, or older get through their divorce? Does it make sense financially for a senior married couple to divorce?