DivorceMag: Indiana FAQs

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Frequently Asked Questions About Divorce

" I'm starting to dread my stepchildren's weekend visits. What should I do? "

Your dilemma is a familiar one: whether to be cast in the role of the awful stepmother or to suffer in silence like Cinderella. Neither of these options sounds very promising. When you feel caught…

" My divorce has ruined me financially, and I'm thinking of filing for bankruptcy. Would there be any negative repercussions?"

The only good reason you should consider bankruptcy is if you're drowning in debt and have no other way out. Bankruptcy destroys your credit for ten years and remains in…

"What role does the financial advisor play in the Collaborative Divorce model? Do we need to involve one in our divorce? "

Unlike in a traditional divorce case, where each spouse may hire and pay for his or her own financial advisor to work exclusively with that party, a financial professional in a Collaborative Divorce is completely neutral. The professional's job here is…

"What role does the financial advisor play in the Collaborative Divorce model? Do we need to involve one in our divorce?"

DivorceMagazine.com answers: “Unlike in a traditional divorce case, where each spouse may hire and pay for his or her own financial advisor to work exclusively with that party, a financial professional in a Collaborative Divorce is completely neutral. The professional's job here is to evaluate both parties' assets and income without bias, and to analyze the overall financial picture, in order to help create a division of assets and, if relevant, a support-payment plan that works best for both sides.

The neutral perspective is essential to the collaborative process: the parties are often more likely to listen to and heed by the suggestions of a professional who doesn't take sides than similar suggestions from one of the lawyers..."

"My wife and I have agreed to divorce via the collaborative process, but she and her lawyer are not cooperating fairly. Is it likely that we'll reach a fair settlement?"

DivorceMagazine.com answers: "The whole philosophy of Collaborative Divorce is about resolving disputes through fair cooperation, whereas a traditional divorce lawyer works by trying to "win" in a conflict with the other party.

To be an effective collaborative lawyer, one must receive special training in communication skills, conflict management, and negotiation based on both parties' best interests. The collaborative lawyer allows his or her client to speak for himself or herself in private meetings and focuses on respectfully listening to both sides' points of view. The process requires openness, honesty, and mutual trust in order to be successful. This is a radically different environment from what a divorce litigator is accustomed to..."

"Does Collaborative Divorce work the same way throughout the United States and Canada?"

DivorceMagazine.com answers: "Collaborative Divorce uses the same basic model throughout North America -- that of two collaborative lawyers who negotiate together with both clients with an agreement not to resort to litigation. However, specific rules and norms may vary depending on your area..."

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