Written by: Manjula Shaw, CFP®, CDFA®
“Tips from the Trenches” is a series of articles based on conversations with professionals who work with individuals facing or considering the prospect of divorce. Watch this space for conversations with professionals in family and collaborative law, such as forensic-certified public accountants, mediators, marriage counselors, family court judges, and valuation specialists.
Manjula Shaw is a Certified Financial Planner (CFP®) and an Asst. Vice President at Tanglewood Legacy Advisors. As a Certified Divorce Financial Analyst (CDFA®) Manjula specializes in helping individuals navigate the financial complexities of late-stage divorce, including asset division, alimony, and child support. She is trained by Collaborative Divorce Texas as an independent, objective financial expert committed to helping divorcing couples and families navigate competing and shared needs and develop solutions that best fit the parties and their children without court intervention.
Manjula’s conversation is with Christine Lincoln at The Lincoln Law Firm, PLLC, a family law attorney who practices Collaborative Divorce in Houston. Christine helps her clients navigate their legal roadmap when facing divorce and other family disputes. She provides sound counsel and common-sense advice to help clients resolve their legal challenges. Her goal with every client is to ensure they are on the right path when starting a new chapter in their lives. Our conversation centered around Christine’s Collaborative Divorce practice and why the collaborative process may be a good option for couples considering divorce.
What is Collaborative Divorce?
You may recall my article from June 2023, linked here as a refresher. Collaborative Divorce is an Alternative Dispute Resolution (ADR) process allowed under the Texas family law code. In 2001, Texas was the first state to codify Collaborative Divorce. Texas Family Code § 6.603 formally recognizes and provides a legal framework for collaborative law procedures in family law cases. This legislation served as a model for other states to adopt similar statutes. 27 of the 50 states and Washington D.C. have adopted the Uniform Collaborative Law Act (UCLA).
The Collaborative Divorce process has specific rules to guide it and give it legitimacy. It also statutorily allows a divorcing couple to opt out of litigation and court intervention, with the benefit of no court deadlines hanging over the process. Generally, two collaboratively trained family law attorneys represent the couple, one for each client, and neutral professionals represent both, such as a mental health professional, a Certified Divorce Financial Analyst®, or a Certified Financial Planner ™.
Why Should a Divorcing Couple Consider Collaborative Divorce?
Christine believes Collaborative Divorce is especially beneficial in marriages with a power imbalance, such as when the husband is the primary breadwinner, and the wife is focused on raising children. This process helps protect the wife’s interests. It is also effective when one partner lacks knowledge about marital finances. For example, in a case involving a couple who were married for thirty years, the wife was unaware of their exact assets, even though she knew her husband managed the finances and that money was available.
I. Privacy protection: Collaborative Divorce can offer enhanced confidentiality, keeping personal and financial information private and out of public records. This is especially valuable for high-profile individuals concerned about their reputation, as it helps shield them from unwanted scrutiny. Private divorces protect sensitive business information and minimize emotional distress. They also safeguard children from unnecessary exposure and allow individuals to control how divorce details are shared, maintaining their narrative. Keeping proceedings private can also reduce the risk of identity theft and financial fraud by limiting access to personal information.
II. Professional support: Collaborative Divorce involves using neutral experts, such as financial advisors and mental health professionals, to help resolve complex issues. This approach promotes a calmer environment that reduces heightened emotions and minimizes contentious discussions. Christine cautions that some couples may choose not to hire these neutral professionals to save on costs. For example, they might forego a mental health professional to cut expenses. However, without the skills to de-escalate emotions when tensions run high, interventions from attorneys or financial professionals may be less effective, making the argument for cost savings irrelevant.
III. Greater control: Couples have more say in the final agreement because they would work with a neutral financial professional, allowing creative solutions tailored to their needs and circumstances.
IV. Better for children: It fosters a better setting for parents to establish custody and visitation arrangements, promoting healthier co-parenting relationships after divorce. In some cases, when parents disagree about the parenting plan for their children, a mental health professional trained to work with children, called a child specialist, can be brought in to ensure that children’s voices and needs are heard. The children may feel more comfortable expressing themselves to a professional ally.
V. Preserves relationships: The process can help maintain a civil relationship between spouses, which is especially beneficial for those who need to co-parent effectively.
VI. Faster resolution: If not contentious, the process tends to move more quickly than litigation, allowing couples to finalize their divorce sooner.
VII. Lower legal fees: If not contentious, Collaborative Divorce typically costs less than traditional litigation, as it resolves more quickly and requires fewer court appearances.
Christine has found that most couples who go through the Collaborative Divorce process report easier post-divorce recovery. They say it can facilitate a smoother transition to post-divorce life because of the support they receive from the team of professionals to reduce conflict during negotiations and because the process removes the risk of public scrutiny or judgment.
Stay tuned to read what the Collaborative legal framework looks like in my January article.
Contact Manjula Shaw at mshaw@family-cfo.com if you have any questions.
Manjula’s blogs on all topics of divorce: Blog – Family CFO (family-cfo.com)
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