Update: Collaborative Divorce Bill

Jun 26, 2014

We recently blogged about a bill that was unanimously passed by the New Jersey Senate Budget and Appropriations Committee on June 5, 2014, that would allow a divorcing couple to engage in the collaborative divorce process. That bill is now pending before the Senate for approval before it can move forward.

The New Jersey Law Journal reports that an identical bill was unanimously passed by the New Jersey Assembly on June 23, 2014. Like the Senate bill, this bill was modeled after a proposal from the New Jersey Law Revision Commission and the national Uniform Law Commission.

            The bill would allow a divorcing couple to voluntarily enter the collaborative process and attempt to amicably decide the terms of their New Jersey divorce, with the assistance of New Jersey divorce lawyers, but without court intervention. Both parties would be required, without having to engage in the discovery process, to disclose all necessary information to each other, and to update the information as it changes.

            If the collaborative process proves unsuccessful or one of the parties decides he or she no longer wishes to continue with the collaborative process, the process would terminate and the parties’ lawyers would have to withdraw from the case. Each party could then retain new counsel if desired when proceeding with the traditional divorce process. All communication and information exchanged between the parties, their attorneys, and any other professionals would remain confidential.

            We will continue to update you on the bill’s progress, so check back frequently for more information.

            If you have questions or concerns about your New Jersey divorce, please contact the experienced New Jersey divorce lawyers at Sarno da Costa D’Aniello Maceri LLC at 973-274-5200.