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CDSOC

Collaborative Divorce Solutions of Orange County

Connect With A Professional Today:
(949) 266-0660

  • The Collaborative Process
    • Overview
    • The Professional Team
    • FAQs
  • Find a Professional
    • Divorce Professionals
    • Professional Resource Members
  • Divorce Options
    • Upcoming Workshops
    • About Divorce Options
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Orange County

The Divorce Options™ Workshop

January 23, 2019 By CDSOC

Marriage is supposed to last forever, but approximately half the marriages in California end in divorce.  Just as couples carefully plan their weddings, if divorce occurs, the dissolution process should be carefully researched and selected.

There are many choices to transition a family when a marriage ends.  One of the best ways to make an informed decision is with the assistance of the Divorce Options Workshop, a presentation which informs couples about all their divorce choices including mediation, collaborative divorce, court litigation, and self-representation.

Each Divorce Options Workshop features legal, financial, and mental health professionals who describe the different, interconnecting issues of divorce including the division of property, money, and the parenting of children.  Then with information acquired from the Divorce Options Workshop, individuals and couples can more intelligently and respectfully plan their divorce through the process which best suits them and their family.

Locally, in Orange County, the Divorce Options Workshop is presented through the Community Education program at Orange Coast College in Costa Mesa.  Information about the locations, dates, and times, of the Divorce Options Workshop is available on this CDSOC website, by contacting any of our members, or the Orange Coast College Community Education program.

Filed Under: Divorce Options, Events and Training, Self Help Divorce Tagged With: Divorce Options Workshops, Orange Coast College, Orange County

Orange County Collaborative Professionals Contribute Expertise at California Conference

May 1, 2017 By CDSOC

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.

Filed Under: Collaborative Divorce, Collaborative Practice, Events and Training, Tips & Resources Tagged With: Cathleen Collinsworth, CDSOC, Collaborative Practice California, CP Cal Conference, Diana Martinez, Divorce, John Denny, News Release, Orange County, Patrice Courteau, Professional Development

New Professional Resources Page Provides Valuable Referrals to Orange County Divorcing Couples

October 12, 2016 By CDSOC

In its effort to assist divorcing couples in Orange County pursue a divorce outside traditional litigation, Collaborative Divorce Solutions of Orange County (CDSOC) now provides a “Professional Resources” page on its website. This page offers referrals to individuals familiar with the Collaborative Practice model who offer services that divorcing families can access to help them through the process.

CDSOC welcomes Orange County real estate broker Juliane Waggoner of RE/MAX College Park Realty in Seal Beach as its first Professional Resources member listing.

Waggoner, a fourth generation real estate broker, is also a probate specialist, Certified Negotiation Expert (CNE), and has completed mediation training through the Los Angeles County Bar Association. She is a graduate of the University of California Santa Barbara and has attended graduate courses at the University of California, Irvine.

“My mission is to work as a neutral real estate agent throughout your divorce or separation, bringing peace to the parties and negotiations along the way,” said Waggoner. “I can help couples explore their options, which sometimes means working to help one spouse keep the property. I can also remain a neutral consultant if a sale is required, marketing the home nationally and internationally and helping couples negotiate the best price and terms in the sale. Post-sale, I can also help the family transition into a new residences.”

To qualify, professionals must complete the same basic training as legal, financial, and mental health professionals who are General Members of Collaborative Divorce Solutions of Orange County. Eligible professionals include, but are not limited to, real estate agents, mortgage brokers, insurance agents, tax preparation professionals, business and career coaches, educators, contractors, and other interested individuals.

Collaborative Divorce Solutions of Orange County welcomes inquiries from professionals with interest in joining the group as a Professional Resources member. To learn more, contact CDSOC Membership Chair Marvin Chapman at divorcecoachmarvinchapman@gmail.com

 

Filed Under: Collaborative Practice, Divorce and Money, Financial, Legal, Mental Health Tagged With: CDSOC, Dr. Marvin Chapman, Mental Health Professionals, News Release, Orange County

Therese Fey named President of Collaborative Divorce Solutions of Orange County

October 12, 2016 By CDSOC

Assumes office early; will serve through 2017-2018 term

Contact: Gayle Lynn Falkenthal, APR 619-997-2495 or gayle@falconvalleygroup.com

Therese-Fey
Therese Fey

(Irvine, California) – Family law attorney Therese Fey has been named President of Collaborative Divorce Solutions of Orange County for the remaining 2016-2017 term. Fey, previously the group’s President-Elect, is assuming the role early due to the death of President Tracy McKenney. She will serve through her previously accepted term through June 2018.

“Like everyone in our group, I am saddened by the loss of Tracy McKenney, who has been such a strong advocate for Collaborative Practice,” said Fey. “I am humbled and honored to step into Tracy’s leadership role, and I will try to complete her original vision for the group during her unserved term.”

“When Tracy took office just three months ago, she hoped to make more couples in Orange County aware of this divorce option,” said Fey. “Tracy saw Collaborative Divorce as a way to spare families, especially children, the duress from an acrimonious divorce, preventing lasting harm, and preserving the family relationships for a healthier future.

“Based on my own experience as a family law attorney, I share Tracy’s concern for families and will lead Collaborative Divorce Solutions with her mission in mind,” said Fey.

Therese M. Fey is a mediator and Collaborative Divorce attorney with more than three decades of experience in family law litigation and peacemaking. She is a past President of Collaborative Divorce Solutions of Orange County; a member of the Orange County Bar Association; State Bar of California; International Association of Collaborative Professionals; and graduate of the Pepperdine University Strauss Institute for Dispute Resolution. She is past President of the Board of Education of a private elementary school in Orange County.

Fey is passionate about assisting clients in resolving their family law issues respectfully and expeditiously. Her years of practice as a family law litigator taught her that couples want and need a divorce or separation process that affords them all necessary legal protections and services, while helping couples proactively as they strive to maintain emotional, financial and relational dignity. She is dedicated to helping divorcing parents move into healthy co-parenting relationships so that the needs of their children remain paramount even after separation.

One of the most important decisions for divorcing couples is the process they choose. Fey strives to educate clients about neutral mediation, Collaborative Divorce and litigation before they select a path for their uncoupling. Once a process is selected, wholehearted efforts are made to help the clients define and achieve their goals thoroughly yet expeditiously.

About Collaborative Divorce Solutions of Orange County

Collaborative Divorce Solutions of Orange County (CDSOC) was founded in 2003 to advise couples in Orange County about out of court options to traditional divorce litigation. Our group consists of experienced family law attorneys, licensed mental health professionals, and credentialed financial professionals, all of whom are specially trained in Collaborative Practice, mediation, and conflict resolution. Working under the Collaborative Practice model, the result is a divorce guided with respect and compassion in a non-adversarial way so families can make the best possible decisions about their future.

CDSOC is online at https://cdsoc.com/, and Facebook.

Filed Under: Collaborative Divorce, Collaborative Practice Tagged With: CDSOC, New Board President, News Release, Orange County, Tracy McKenney

Tracy McKenney named President of Collaborative Divorce Solutions of Orange County

August 4, 2016 By CDSOC

 

New board named to serve 2016-2017 term August 4, 2016  Contact: Gayle Lynn Falkenthal, APR
619-997-2495 or gayle@falconvalleygroup.com

(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 can cooperate. Our approach makes it possible.

“Collaborative Divorce keeps decision-making in the hands of the couple. It spares them and especially their children the duress from an acrimonious divorce, preventing lasting harm, and preserving the family relationships for a healthier future,” said McKenney. “In most cases, it is less expensive than a litigated divorce.”

“Our goal for the coming year is to make more couples in Orange County aware of Collaborative Divorce,” said McKenney.

About Collaborative Divorce Solutions of Orange County

Collaborative Divorce Solutions of Orange County (CDSOC) was founded in 2003 to advise couples in Orange County about out of court options to traditional divorce litigation. Our group consists of experienced family law attorneys, licensed mental health professionals, and credentialed financial professionals, all of whom are specially trained in Collaborative Practice, mediation, and conflict resolution. Working under the Collaborative Practice model, the result is a divorce guided with respect and compassion in a non-adversarial way so families can make the best possible decisions about their future.

CDSOC is online at https://cdsoc.com/, and Facebook.

Filed Under: Coaching, Collaborative Practice, Divorce Options Tagged With: Alternative Dispute Resolution, Bruce Fredenburg, California, Carol Hughes, CDSOC, Diana Martinez, Divorce Litigation, Dr. Marvin Chapman, Family Law Attorney, Irvine, Jann Glasser, Leslee Newman, Mental Health Professionals, New Board President, News Release, Orange County, Patrice Courteau, Sara Milburn, Suanne Honey, Tracy McKenney

Discover Your Divorce Options in Orange County at July 20 Workshop

July 12, 2016 By CDSOC

Lessen the stress of divorce (Costa Mesa, California) – Divorce is difficult and stressful even under the best of circumstances. It can be especially hard if you have children. Divorce affects people from all walks of life, and no two situations are alike.

It is possible despite challenges to preserve the emotional and financial resources of the family while respecting everyone’s needs during a divorce. Learn about your alternatives at “Divorce Options.” The first “Divorce Options” workshop in Orange County takes place on Wednesday, July 20, from 6 to 9 p.m. at Orange Coast College, 2701 Fairview Road, Costa Mesa, California. To register for Divorce Options at Orange Coast College:  
Call (714) 432-5880  Extension 1 (Monday – Friday, 8:30 a.m. – 4:30 p.m.)
– OR –
Visit the Orange Coast College website here, click on Search, then enter “Divorce Options.”

For additional information, call Divorce Options at (949) 266-0660 or email at collaborativedivorceOC@gmail.com 

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.

Led by a family law attorney, financial specialist, and mental health professional 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.

“People have so many questions about divorce and it’s difficult to get answers about the options for your personal situation,” said Tracy McKenney, CFP, CDFA and Collaborative Divorce Solutions of Orange County president. “The Divorce Options program presents an opportunity for the public to learn about their choices and the resources available for a divorce process respecting the needs and interests of all family members. Becoming more knowledgeable can go a long way to ease the anxiety about your divorce, and allows you to take control of your future,” said McKenney.

McKenney said the Divorce Options program is useful to anyone thinking about divorce or other relationship transitions including LGBT couples or domestic partners with children looking for a process aware and respectful of their unique needs.

Topics include:

  • The risks and benefits of three models: litigation, mediation and Collaborative Divorce
  • The legal, financial, psychological and social issues of divorce
  • How to talk about divorce with your children – no matter their age
  • Guidance from legal, financial, and mental health experts

Gaining an understanding of the different process options available will help couples make good decisions during this difficult and challenging time. Divorce Options is a workshop designed to help couples take their next step, no matter where they are in the process. It identifies strategies to help couples stay out of court when feasible, and helps you identify the personal issues most pressing for you. There is no solicitation of business.

If you are interested in scheduling a Divorce Options workshop for your group or organization, contact us at 949-266-0660 to learn more. About Collaborative Divorce Solutions of Orange County

Collaborative Divorce Solutions of Orange County (CDSOC) was founded in 2003 to advise couples in Orange County and in Southern California about out of court options to traditional divorce litigation. Our group consists of experienced family law attorneys, licensed mental health professionals, and credentialed financial professionals, all of whom are specially trained in Collaborative practice, mediation, and conflict resolution. Working under the Collaborative Practice model, the result is a divorce guided with respect and compassion in a non-adversarial way so families can make the best possible decisions about their future.

CDSOC is online at https://cdsoc.com/, and Facebook.

Filed Under: Divorce Options Tagged With: CDSOC, Divorce Options Workshops, Orange Coast College, Orange County

When 50/50 Isn’t Always Equal in a California Divorce

June 6, 2016 By CDSOC

by Diana L. Martinez Collaborative Lawyer and Mediator, Law and Mediation Office of Diana L. Martinez

California is one of nine “community property” states as it relates to divorce. This means that assets and debts acquired and incurred during your marriage will be divided equally upon divorce. Exceptions exist for specific items received during marriage that are deemed “separate property” under the law. This includes gifts and inheritance.

This is one of the most misunderstood concepts in divorce law. Spouses often believe their divorce will be easy if they just split all of their property in half, or “50/50.” While strong emotions present a barrier to resolving issues during a divorce, not far behind is the misunderstandings by couples about the concept of what is “fair” when it comes to dividing up assets and liabilities.

From extensive experience as a mediator, consultant, and Collaborative Divorce lawyer, I am a strong advocate for giving spouses a greater voice in the outcome of their divorce. I am also a strong proponent of ensuring divorcing spouses have as much information as possible to make the best decisions moving forward.

Although the courts are required to enforce the laws, spouses in a divorce, with few exceptions (typically related to minor children) are not limited by the law; they can create their own, unique, agreements, based on their goals and values. Laws controlling the division of assets and debts, the amount you receive or pay in support, and the amount of time granted with your children exist to guide you IF you and your spouse are not able to resolve these items together. If you can’t resolve your differences, a judge will make the decisions for you. He or she is required to enforce the law, regardless of your personal goals and values.

You and your spouse may have some understanding of the law. But in negotiating your agreement, you may be better served by accepting less than the law allows in return for a greater benefit elsewhere. The benefit could be a better co-parenting relationship, or the opportunity to reduce or eliminate spousal support. It may even be the creation of balance where the laws aren’t able to provide it.

Annette and John Peterson provide a case study worth discussing as an example. The Petersons were able to resolve all disputes in their divorce except one: Annette’s pension benefits of approximately $100,000. This roadblock stalled the Petersons’ divorce for six years, from February 2010 until the California Supreme Court rendered its decision in January 2016.

In retrospect, after nearly six years of legal fees, lost time from work, and stress, Annette and John might have preferred finding a compromise outside of the contested court process. State laws governing pensions and federal laws governing Social Security created the sense of imbalance that Mr. and Mrs. Peterson fought so hard to correct, as each, individually, deemed most “fair”.

In California, pension benefits are community property when earned during marriage. Pension benefits are a form of deferred compensation for services rendered. Non-financial contributions to pension benefits, or “service credits,” are also considered “a form of deferred compensation for services rendered” and, therefore, community property.

But Social Security benefits are separate property under federal law. Federal law preempts state law. Social Security is not transferable, nor can it be assigned by the wage earner. There are, however, derivative rights upon divorce if:

  • you and your spouse are entitled to receive Social Security;
  • your marriage lasted 10 years or longer;
  • the ex-spouse did not remarry;
  • the ex-spouse is age 62 or older; and
  • the benefit the ex-spouse is entitled to received based on his/her own work is less than the benefit he or she would receive based on his/her former spouse’s work.

If each requirement is met, an ex-spouse could elect to receive either all of his/her own Social Security, or one-half of his/her former spouse’s Social Security, but not both.

As an employee of the County of Los Angeles, Annette did not contribute to Social Security. Instead, the County contributed to a defined pension plan for Annette through the Los Angeles County Employees Retirement Association (LACERA). As an attorney in private practice, John contributed to Social Security through mandatory payroll deductions.

Annette’s LACERA benefits totaled between $200,000 and $216,000. Based on Social Security calculations, John’s Social Security benefits totaled $228,000. Annette attempted to argue that the laws governing LACERA pensions and the laws governing Social Security created unequal benefits. Annette and John would split her LACERA benefits in their divorce (approximately $100,000 to each). But John would keep all of his Social Security benefits.

The trial court ruled in John’s favor, creating an actual 150% windfall for John ($328,000 from 50% of Annette’s LACERA and 100% of his Social Security). Annette asked the California Supreme Court to correct this unfair situation, suggesting the court give John less than half of her LACERA pension benefits.

The Supreme Court let the trial court’s ruling stand, citing the requirement under California law that community assets be divided equally in a divorce. Since Social Security is not a “community asset,” the court correctly divided the community assets and could not deviate from that equal division, even when it creates an unequal division overall.

But the Supreme Court pointed out that it was completely within Annette and John’s power to create their own, more equal solution, even though the court under the law could not.

So let’s go back to Annette and John’s original circumstances. What was the value to John if he had agreed to give Annette all of her LACERA benefits, instead of insist on following the state law giving him a far greater share? What would have been the value to Annette to propose an alternate payout to John to resolve this issue?

As of 2010 in California, the average cost of a divorce where the parties were represented by lawyers was approximately $50,000 each. This amount is on the low end for a contested divorce in Orange County, and it does not include the legal fees for an appeal. Over the period of six years, based on 2010 estimates, Annette and John would have spent more than $100,000 each. Resolving your divorce early and collaboratively can save on legal fees, lost work time, and other intangible and emotional costs.

Managing emotional trauma and stress for yourself and your family offers priceless benefits, far beyond feeling a sense of entitlement or unfairness. Attorneys frequently fail to focus on these practical impacts because they are hired as legal advisors and guides, not as therapists. Attorneys are not equipped to help people through their fears; they are not trained mental health professionals.

Alternative (also known as “consensual”) dispute resolution models often incorporate legal and non-legal professionals to help educate and guide couples through unexpected emotional landmines, often resulting in less, or better managed, conflict, and better informed and well reasoned results.

For example, the Collaborative Divorce model incorporates guidance from a “divorce coach” to help manage the emotions of divorcing spouses, often saving the spouses tens, if not hundreds of thousands of dollars, as well as years of stress embroiled in a contested divorce, and the subsequent modifications to orders after trial. The outcomes tend to be far more satisfying to both spouses, and result in fewer or no additional hearings after judgment to modify those orders.

Making decisions based on accurate legal and financial information, as well as balancing the practical impact on your family and finances often results in far greater and lasting benefit for you and your family. Sometimes, there is too high a price for the short-term gain of getting everything you can under the law.

Filed Under: Child Support, Collaborative Practice, Divorce and Emotions, Divorce and Money, Financial, Spousal Support Tagged With: Assets, CDSOC, Community Property, Diana Martinez, Divorce and Real Estate, Divorce and Retirement, Divorce and Trauma, Employee Benefits, Equal Division, Financial Settlement, Legal Fees, Orange County, Property Settlement, Retirement Benefits, Separate Property, Social Security

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