Category Archives: Divorce and The Law

No Drama Divorce…How to Manage Fear and Expectations in a Co-Mediated Divorce Process Using Collaboratively-Trained Professionals

| February 28, 2020

By Patrice Courteau, MA, LMFT and Paula J. Swensen, Esq.

The ending of a marriage can be a minefield of emotions and reactions. A “no drama” divorce helps to shift a mindset from pain and unrealistic expectations to one of managing emotions, learning better communication skills, and gathering information in order to reduce anxiety of divorcing spouses.

In our experience of working together in a co-mediation process, the goal is to reduce the drama by reducing fear, managing both spouse’s expectations, and setting a course for the couple to be able to successfully navigate. We cannot overstate the value to clients of using well-trained collaborative professionals to help them manage the fear and emotion in order to achieve their best family-centered outcome.

While the legal professional is educating on the legal process and the issues presented, the mental health professional (divorce coach or child specialist) is gathering information from the spouses regarding their urgent issues and concerns, including any communication challenges.

Throughout this process, it is essential for the clients to be heard, and to feel that they have an equal voice in reaching a resolution. Often during this process, clients learn a new way to communicate with one another. … Read More “No Drama Divorce…How to Manage Fear and Expectations in a Co-Mediated Divorce Process Using Collaboratively-Trained Professionals”

Seven Reasons to do a Collaborative Divorce

| October 7, 2019
Gavel on Law Book

We recommend the following article titled “Seven Reasons to do a Collaborative Divorce” by John Denny, Collaborative Divorce and Mediation Attorney.   John expresses some very important views on the subject of Collaborative Divorce in the Orange County Area.

You can read the entire article at:   https://collaborativedivorcecalifornia.com/seven-reasons-to-do-a-collaborative-divorce/

Self-Help Is Not The Best Remedy at Time of Divorce

| April 6, 2018

By LESLEE J. NEWMAN, Family Law Mediator & Collaborator

Today in Orange County, approximately 75+% of the couples who are seeking divorce or legal separation do not have attorneys, and most do not even seek any professional advice.  Most couples believe that by finding information on the Internet, they can represent themselves through some of the most important decisions they will ever make in their lives concerning money, property, and most importantly, their children.

Most people do not know that family law is one of the most complicated areas of California law and the court system is not designed for couples who do not know how to represent themselves before a judge. If you have to put on evidence in the form of a court hearing or trial, the California Rules of Evidence apply.   Most of the time, the self-represented person cannot competently present their most important documents or statements into the court record for judges to consider in making their decisions.

There are so many self-represented people now going to court who do not know how to address a judge or to present their case.   They spend much more court time than necessary and have substantially … Read More “Self-Help Is Not The Best Remedy at Time of Divorce”

Arbitration and Mediation in California: What’s The Difference in These Forms of Dispute Resolution?

| June 28, 2017

by Diana L. Martinez
Collaborative Lawyer and Mediator, West Coast Law & Mediation, APC

As a family law lawyer, I really look forward to my time on duty to volunteer at Riverside County Superior Court for VSC (Voluntary Settlement Conference) day. It is offered two Fridays per month and is THE most successful mediation program in the nation with an over 90 percent success rate!

Why? Because, in order to be a mediator on this panel, you must have the highest training and qualifications as both a family law lawyer and as a mediator. Not only do we donate our time, we must be in practice at least 10 years and have hundreds of hours of mediation training and practice under our belts. Other family law mediation programs that either do not have a structured program with high mediator qualifications, or that pay retired judges to do this work, enjoy a success rate below 60 percent.

Judges have an incredibly difficult job. It takes very specific skill sets to be a good judge. But being a talented judge does not, in and of itself, make you a good mediator.

I also volunteer as a fee arbitrator in attorney-client fee disputes … Read More “Arbitration and Mediation in California: What’s The Difference in These Forms of Dispute Resolution?”

John Denny takes Collaborative Practice leadership role

| May 18, 2017
John Denny speaks to delegates at the 2017 Collaborative Practice California conference. Photo: David Kuroda

Will serve as 2017-2018 Collaborative Practice California Board President

Media contact: Gayle Lynn Falkenthal, APR, Fellow PRSA 619-997-2495 or gayle@falconvalleygroup.com

(Irvine, California) – Orange County family law attorney John Denny, member and past president of Collaborative Divorce Solutions of Orange County, was installed as president of Collaborative Practice California (CP Cal), the statewide organization for Collaborative Practice groups, at its annual conference in Redondo Beach, California on Sunday, April 30.

Individual members of the practice groups include Collaborative lawyers, mental health practitioners, financial specialists, and other professionals. The Collaborative Process is being used in family law, probate law, trusts and estates, and other civil law areas.

CP Cal’s mission is to unify, strengthen and support the Collaborative Practice community and to increase public awareness of the Collaborative Process throughout California.

“My goal during my tenure as Board President is to spread the word about the many benefits of Collaborative Practice in family law, civil matters, and trusts and estates,” said Denny. “Californians who must address legal or financial matters will benefit knowing about their Collaborative options for working through these critically important and sometimes contentious issues. They can resolve even the most difficult disputes while still preserving personal relationships with … Read More “John Denny takes Collaborative Practice leadership role”

Experts Contribute to Best Practices at Collaborative Practice California Conference

| April 12, 2017

Orange County Collaborative Practice professionals will share their expertise with colleagues in April at the annual Collaborative Practice California Conference XII in Redondo Beach.

Members of Collaborative Divorce Solutions of Orange County (CDSOC) are in demand as professional education panelists and seminar leaders throughout Fall 2017 due to their expertise and experience working with a diverse array of Orange County clients in the Collaborative approach to divorce.

“Many collaborative professionals are committed to continuing professional education in order to provide the best service to our clients,” said Dr. Carol Hughes, CDSOC member and workshop leader. “The annual conference of Collaborative Practice California is one venue for us to do this.

“We CDSOC members are honored to be contributing to the further growth of our Collaborative colleagues throughout the state. Ultimately, the reward is offering better options to clients who want to avoid the trauma, time and expense of a litigated divorce or other disputes,” added Dr. Hughes.

Collaborative Practice California presentations include:

Collaborative Family Lawyer and Mediator Bart Carey, Divorce Coach and Child Specialist Dr. Hughes, Ph.D., LMFT, and Financial Specialist Cathleen Collinsworth, CDFA™, MAFF™ will facilitate an advanced seminar titled “Grand Rounds for Collaborative Practitioners.”

The workshop format introduces … Read More “Experts Contribute to Best Practices at Collaborative Practice California Conference”

12 Reasons To Create Your Premarital Agreement Using the Collaborative Process

| March 6, 2017

by Leslee J. Newman, CFL-S, Family Law Attorney
Orange, California

  • Each premarital partner selects their own Collaborative attorney to represent him or her from the very beginning of the premarital Collaborative Process. You and your Collaborative attorney work together until the premarital agreement is completed and signed.
  • Neutral professionals such as a financial planner and/or a Collaborative coach may also be added to your Collaborative team to help you and your partner develop and fully understand your goals as a couple, and the legal and financial ramifications of your decisions.
  • Before any drafting takes place, you and your partner are encouraged to express your thoughts and concerns about what you plan to build together as joint property and what you want to maintain as separate property.
  • Full disclosure of the property and debts of each premarital partner is exchanged including some verification of each asset and each debt.
  • After full discussion, disclosure, and agreement is reached by the premarital couple, the agreement is drafted through the participation of both Collaborative attorneys.
  • After the draft of the premarital agreement is completed, the draft is fully discussed and explained to each premarital partner by his or her Collaborative attorney.
  • Additional drafts
… Read More “12 Reasons To Create Your Premarital Agreement Using the Collaborative Process”

Members Lend Expertise at Collaborative Divorce Education Institute 3-Day Training

| February 11, 2017

Experienced legal, financial, and mental health Collaborative Practitioners from Collaborative Divorce Solutions of Orange County shared their expertise at the 2017 Three-Day Collaborative Divorce Interdisciplinary Team Training in January. Through lectures, discussions, and group participation, the training team helped both new and experienced Collaborative Professionals to develop more skills and a new understanding of how to support and lead their clients to a successful resolution without resorting to litigation.

If you missed this year’s event, be sure mark your calendar for next year’s training in January 2018.

OC Collaborative Professionals Share Expertise at October 2016 Events

| October 12, 2016

Members of Collaborative Divorce Solutions of Orange County (CDSOC) are in demand as professional education panelists and seminar leaders throughout Fall 2016 due to their expertise and experience working with a diverse array of Orange County clients in the Collaborative approach to divorce.

Full trials are becoming increasingly rare in family law. With no relief in sight for underfunded, impacted courts in California, trials can take years to set and families can face exorbitant costs and fees. Clients are demanding alternatives to expensive protracted court battles. As a result, good negotiation skills are now absolutely critical for family law practitioners.

“Our member professionals are considered so knowledgeable in their fields, they are called upon not only to properly educate clients, they also train and educate other professionals to ensure the highest levels of ethics and competence,” said Dr. Carol Hughes, CDSOC member who will be among the lecturers at meetings this fall.

“Orange County families who are considering a Collaborative approach to their divorce can be confident in the guidance and qualifications of our members, who not only uphold high standards in their personal practice, but who are called upon to help Collaborative professionals across the United States in developing … Read More “OC Collaborative Professionals Share Expertise at October 2016 Events”

Limited Scope Representation and Collaborative Law Featured at October Luncheon

| October 11, 2016
Robert Hawley speaks with CDSOC members and guests at its October luncheon. Photo: Diana L. Martinez

Robert Hawley, former Chief Labor Counsel, Deputy Executive Director and then Acting Executive Director of the State Bar of California, addressed members of Collaborative Divorce Solutions of Orange County and guests at the organization’s monthly luncheon on October 11.

Mr. Hawley shared his expertise to a full house luncheon honoring former CDSOC president and dear friend, Tracy McKenney who passed away on September 22, 2016.

Robert Hawley began his legal career as a disciplinary prosecutor for the State Bar.  He then entered private practice for over ten years representing management in labor and employment matters before state and federal courts and administrative agencies.  He served as a member of the State Bar’s Standing Committee on Professional Responsibility and Conduct (COPRAC) as well as its Chair and Special Advisor, as a hearing officer in the former voluntary State Bar Court, as a frequent MCLE speaker, and as a qualified expert witness in professional responsibility and labor law matters.  Mr. Hawley has taught Professional Responsibility and labor law at various Bay Area law schools for the past twenty-five years, and is currently on the adjunct faculty of Pacific McGeorge School of Law. Mr. Hawley is the recipient of the National Organization of … Read More “Limited Scope Representation and Collaborative Law Featured at October Luncheon”