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Texas Divorce FAQ, Texas Divorce Law

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SECTIONNote that answers given in this section cannot take the place of independant legal or financial divorce advice. Please read our disclaimer.

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

The role of the neutral financial professional in the Collaborative Divorce process differs from that of a financial planner who works exclusively with one client or the other.

In Texas divorce law, the Protocols of Practice for Financial Professionals -- promulgated by the Collaborative Law Institute of Texas (www.collablawtexas.com) -- defines the role of the neutral financial professional (FP). The FP will likely provide the following services (and any others that the clients and professionals agree upon) in almost every instance, with the possible exceptions of items (c) and (f):

(a) Assisting the participants in better understanding the financial issues unique to the clients' circumstances;
(b) Assisting the participants in gathering and organizing financial information concerning the clients' marital assets and liabilities, including preparing a draft of a joint inventory and/or schedules of identified property;
(c) Assisting the participants to identify, understand, and (if necessary) trace separate property, reimbursement, or economic-contribution claims;
(d) Assisting the participants in gathering and organizing financial information concerning the clients' income and expenses;
(e) Preparing a financial projection of future estimated client cash flows;
(f) Developing federal income tax estimates for the clients;
(g) Providing tax-effected estimates of the value of marital property;
(h) Preparing present or future value calculations on marital assets and/or liabilities;
(i) Assisting the participants by developing and analyzing options for allocation of the clients' income and expenses;
(j) Assisting the participants by developing and analyzing options and scenarios for a division of the clients' marital estate;
(k) Assisting the participants in negotiating a financial outcome acceptable to both clients.

The FP's role is invaluable to the process, and I would strongly encourage using one. All divorce cases involve a financial component, and the expertise of the FP provides the clients with important information to help them make decisions about their financial futures. The neutral FP is brought into the process to help provide options that meet both clients' needs.

Equally important to the process is the neutral perspective. Money and emotion are directly linked, and even the smallest financial issues can create barriers to resolution for clients. They help neutralize emotion in a way that lets clients find acceptable outcomes for their family. Many times, the FP can help generate options that the clients are more likely to listen to simply because a neutral looking at the situation from both sides is offering them, whereas the clients might discount the same options if one of the divorce attorneys suggested it.

A financial professional will help the client fully understand the choices available to him/her and their financial impacts. As necessary, the FP helps to provide a much-needed reality check for both clients as they transition from one household to two. Clients should discuss the selection of an FP with their attorneys, who will be aware of FPs with experience in collaborative law.

 


Jody L. Johnson is a divorce attorney and a partner in the firm of Allison & Johnson in Plano, TX.


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