CDFA - Module 2 Flashcards
Why is it important to research state-specific divorce laws?
State laws, local customs, and case precedents significantly impact divorce procedures and outcomes.
What online resources can help with divorce law research?
Websites like Legal Information Institute, Westlaw, and LexisNexis provide primary sources and practical tools.
Why should clients hire an attorney before filing for divorce?
Attorneys ensure fair asset division, address legal complexities, and reduce risks like tax issues or missed assets.
What is a “Pro Se Divorce”?
A divorce where couples represent themselves without legal counsel, often increasing risks of errors.
What are some alternative dispute resolution methods for divorce?
Mediation, arbitration, and collaborative divorce offer less adversarial and more cost-effective options.
What is the role of a CDFA in alternative dispute resolution?
CDFAs compile financial data, project settlement impacts, and craft tailored financial solutions for families.
What is the discovery process in divorce cases?
Discovery gathers evidence through depositions, interrogatories, and document requests to ensure transparency.
What are the risks of failing to update legal documents post-divorce?
Unchanged beneficiary designations or accounts can lead to disputes and unintended outcomes.
How can emotional decisions affect divorce settlements?
Prioritizing sentimental items can lead to costly legal battles that outweigh the asset’s actual value.
Why is a CV important for CDFA professionals in court?
It establishes their expertise and qualifications to act as an expert witness on financial issues.
What is the voir dire process in court?
Opposing counsel questions an expert witness’s qualifications to challenge their credibility.
How should CDFA professionals handle cross-examination?
Stay concise, confident, and avoid volunteering unnecessary information or guessing answers.
What is the focus of effective expert testimony?
Clear, concise financial analysis presented with a straightforward theme to support equitable solutions.
What role do judges prefer experts to play in divorce cases?
Provide simple, realistic data and clearly explain financial implications for fair rulings.
What is Arbitration?
Arbitration involves a neutral third party deciding a dispute, and the decision is typically binding and final.
Define Best Interest of the Child.
A legal standard used by judges to determine custody, visitation, and support arrangements based on what benefits the child most.
What is a Collaborative Divorce?
A team approach where professionals from legal, financial, and mental health fields help couples reach amicable settlements without going to court.
What does Common Law Marriage mean?
A legally recognized marriage without a formal ceremony, based on cohabitation, recognized in specific states.
What is a Contested Divorce?
A divorce where the judge must decide unresolved issues between the parties.
Define Decree
The final ruling by a judge that dissolves a marriage or legal separation.
What is Discovery?
The legal process of gathering information about the opposing party’s claims, including depositions and document requests.
What is No-Fault Divorce?
A divorce granted without requiring proof of wrongdoing by either spouse, based on irreconcilable differences.
Define Pendente Lite Support
Temporary financial support ordered by the court until the divorce is finalized.
What is a Prenuptial Agreement?
A contract made before marriage outlining how assets and liabilities will be divided in case of divorce.
What does Settlement Agreement mean?
A written contract dividing property and settling issues like custody and support, often included in the divorce decree.
What is a Temporary Order?
court order granting interim relief, such as support or custody, during the divorce process.
What does Voir Dire mean in the context of divorce?
The process where opposing counsel questions the qualifications of an expert witness to challenge their credibility.
