• Choosing a Lawyer

    When you have the opportunity to hire one of the few Certified Matrimonial Lawyers in NJ, the selection process seems a bit easier.

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  • Establishing Custody

    When establishing child custody, we can help by finding the type that will work the best in your child's interest.

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New Jersey Enacts Family Collaborative Law Act

In addition to the newly enacted alimony reform, Governor Chris Christie signed a bill on October 10, 2014 which enacted into law the New Jersey Family Collaborative Law Act. This Collaborative Law Act provides a method for parties to resolve family law disputes without litigating the matter in court. Rather than being confined by the rigid procedures of the Courts, collaborative law provides a method of dispute resolution that can be customized to the various personality and family dynamics. The process involves joint (hence, collaborative) efforts of the parties' attorneys and other professionals in providing services to the parties so that a non-adversarial approach can be facilitated to reach a resolution. A wide range of professional services can be utilized during the collaborative process, including accountants, social workers, psychologists, therapists, marriage counselors and others. Ultimately, the goal is to obtain a more suitable outcome for the parties while reducing the stress and uncertainty associated with litigation and court intervention.

The Family Law Collaborative Law Act requires both parties to provide full disclosure of information and documentation so as to bypass the formal discovery process. Subject to certain exceptions, communications made by parties and participants during the collaborative law process is privileged, or in other words, protected from disclosure.

The collaborative law process begins with the parties entering a written participation agreement, which must set forth particular provisions in accordance with the Act. The New Jersey Family Collaborative Law Act allows some latitude for parties to draft a participation agreement that tailor the parameters of the collaborative process to suit their individual needs and preferences. Generally, the collaborative law process is concluded when the parties sign a settlement agreement (successful conclusion) or when there is a termination of the process (unsuccessful conclusion). There are several ways to terminate the process, but for purposes of this blog, we will forgo the specifics. However, it is important to note that a party can unilaterally terminate the process. The parties' participation agreement can also provide additional methods of concluding the collaborative law process, which is an example of how parties may tailor the process to fit their specific needs.

To summarize, some key considerations for determining whether to engage in the collaborative law process are as follows. Collaborative law is an alternative to traditional litigation before a Judge who would otherwise have the final say in your family matter. Depending on the family dynamic, collaborative law may reduce the stress, emotional strain, time and cost expended in resolving the dispute.

Call the law office of Jay Turnbach, Esq., LLC for a free consultation to see if collaborative law may be right for you.

  • Choosing a Lawyer

    When you have the opportunity to hire one of the few Certified Matrimonial Lawyers in NJ, the selection process seems a bit easier.

    Why Hire Jay?
  • Establishing Custody

    When establishing child custody, we can help by finding the type that will work the best in your child's interest.

    View the Options
  • Get Started Today

    We look forward to helping you and your family move on to the next chapter in your lives! Speak with our firm today.

    Request Your Consultation

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Jay Turnbach, Esq., LLC
Ocean County Divorce Attorney
Located at: 2 Hooper Ave,
Suite 6A,

Toms River, NJ 08753
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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.