New Jersey is on the cusp of codifying “collaborative divorce” as it relates to matrimonial law. The New Jersey Family Collaborative Law Act (Assembly Bill No. 1477 and Senate Bill No. 1224, hereinafter referred to as the “Act”) unanimously passed both the General Assembly and Senate on June 23, 2014, and June 26, 2014, respectively. The Act is modeled after recommendations issued in a July, 2013 report of the New Jersey Law Revision Commission (NJLRC) on the New Jersey Family Collaborative Law Act. Sponsored by Senate Majority Leader Loretta Weinberg (D) and Senator Nicholas Scutari (D), the act would permit the use of a collaborative law process as an alternative to the judicial resolution of family law disputes.
As found by the Committee, Collaborative law is a voluntary, non-adversarial settlement process. The parties, with the assistance of their lawyers (and, as appropriate, other collaborative professionals such as: financial practitioners, including certified financial planners and certified public accountants; and mental health professionals, including licensed clinical social workers, psychologists, licensed professional counselors, licensed marriage and family therapists and psychiatrists trained in collaborative law) attempt to negotiate in good faith a mutually acceptable resolution of the parties’ dispute without court involvement. The collaborative lawyers, along with their clients and other collaborative professionals, work together as a team in order to resolve the dispute.
The hallmark of collaborative law is the lawyer disqualification clause whereby both parties agree that each of their attorneys may not represent a party before a court or other tribunal in a proceeding related to the collaborative matter either during the collaborative law process (with certain limited exceptions not included in the draft below) or in the event the collaborative law process fails. This limitation of representation clause is intended to serve two purposes: to protect the parties from the pressure of settling within court-imposed timeframes and to allow attorneys to focus on dispute resolution rather than litigation tactics. Another fundamental principle of collaborative law is the mandatory disclosure and exchange of information by the parties. Full and fair disclosure is deemed by those who practice collaborative law to be a key to the success of the process. It enables the parties to develop trust and confidence in the process itself while giving the collaborative professionals the information necessary to guide the parties and help them reach a comprehensive resolution of the dispute.
Collaborative lawyers do not act as mediators. They are not “neutrals,” nor do they have comparable duties to both spouses. They are expected to advocate for outcomes that serve their clients’ best interests, advise clients of their legal rights, and protect client confidences.
To find out more, check out the Committee’s report, which can be found here. The proposed legislation begins on page 11 of the PDF.
If you are struggling in a difficult family law situation, you may feel overwhelmed at the various issues with which you are faced. Don’t hesitate to speak with attorney Jeffrey Kerstetter, Esquire, who focuses his practice on family law matters, including matrimonial law, child custody and domestic violence. As ‘Of Counsel’ to Simoni Law Office, LLC, Jeff is a compassionate advocate who will give you an honest, no-nonsense review of your legal issues so that you can make an informed decision on these important matters. Call the office at (856) 208-1787 to inquire further.