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