CDFA - Module 2 Flashcards

1
Q

Why is it important to research state-specific divorce laws?

A

State laws, local customs, and case precedents significantly impact divorce procedures and outcomes.

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2
Q

What online resources can help with divorce law research?

A

Websites like Legal Information Institute, Westlaw, and LexisNexis provide primary sources and practical tools.

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3
Q

Why should clients hire an attorney before filing for divorce?

A

Attorneys ensure fair asset division, address legal complexities, and reduce risks like tax issues or missed assets.

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4
Q

What is a “Pro Se Divorce”?

A

A divorce where couples represent themselves without legal counsel, often increasing risks of errors.

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5
Q

What are some alternative dispute resolution methods for divorce?

A

Mediation, arbitration, and collaborative divorce offer less adversarial and more cost-effective options.

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6
Q

What is the role of a CDFA in alternative dispute resolution?

A

CDFAs compile financial data, project settlement impacts, and craft tailored financial solutions for families.

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7
Q

What is the discovery process in divorce cases?

A

Discovery gathers evidence through depositions, interrogatories, and document requests to ensure transparency.

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8
Q

What are the risks of failing to update legal documents post-divorce?

A

Unchanged beneficiary designations or accounts can lead to disputes and unintended outcomes.

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9
Q

How can emotional decisions affect divorce settlements?

A

Prioritizing sentimental items can lead to costly legal battles that outweigh the asset’s actual value.

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10
Q

Why is a CV important for CDFA professionals in court?

A

It establishes their expertise and qualifications to act as an expert witness on financial issues.

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11
Q

What is the voir dire process in court?

A

Opposing counsel questions an expert witness’s qualifications to challenge their credibility.

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12
Q

How should CDFA professionals handle cross-examination?

A

Stay concise, confident, and avoid volunteering unnecessary information or guessing answers.

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13
Q

What is the focus of effective expert testimony?

A

Clear, concise financial analysis presented with a straightforward theme to support equitable solutions.

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14
Q

What role do judges prefer experts to play in divorce cases?

A

Provide simple, realistic data and clearly explain financial implications for fair rulings.

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15
Q

What is Arbitration?

A

Arbitration involves a neutral third party deciding a dispute, and the decision is typically binding and final.

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16
Q

Define Best Interest of the Child.

A

A legal standard used by judges to determine custody, visitation, and support arrangements based on what benefits the child most.

17
Q

What is a Collaborative Divorce?

A

A team approach where professionals from legal, financial, and mental health fields help couples reach amicable settlements without going to court.

18
Q

What does Common Law Marriage mean?

A

A legally recognized marriage without a formal ceremony, based on cohabitation, recognized in specific states.

19
Q

What is a Contested Divorce?

A

A divorce where the judge must decide unresolved issues between the parties.

20
Q

Define Decree

A

The final ruling by a judge that dissolves a marriage or legal separation.

21
Q

What is Discovery?

A

The legal process of gathering information about the opposing party’s claims, including depositions and document requests.

22
Q

What is No-Fault Divorce?

A

A divorce granted without requiring proof of wrongdoing by either spouse, based on irreconcilable differences.

23
Q

Define Pendente Lite Support

A

Temporary financial support ordered by the court until the divorce is finalized.

24
Q

What is a Prenuptial Agreement?

A

A contract made before marriage outlining how assets and liabilities will be divided in case of divorce.

25
Q

What does Settlement Agreement mean?

A

A written contract dividing property and settling issues like custody and support, often included in the divorce decree.

26
Q

What is a Temporary Order?

A

court order granting interim relief, such as support or custody, during the divorce process.

27
Q

What does Voir Dire mean in the context of divorce?

A

The process where opposing counsel questions the qualifications of an expert witness to challenge their credibility.