Collaborative Law Act passed by Pennsylvania State House
The Pennsylvania Collaborative Law Act (HB 1644-PCLA) was passed by the state House on December 6, 2017 and will now be sent to the Senate for deliberation and a vote.
The bill, which would make the legal process of collaborative law more uniform across the state, took two and a half years to get from recommendation by the Pennsylvania Bar Association to this point. Three times was the charm, as the House legislation passed by unanimous vote on Wednesday had been deliberated and revised three times in the House.
Collaborative law is a method of dispute resolution particularly suited to divorce, in which both parties sign an agreement to stay out of court. It was created by divorce lawyers in Minnesota over 20 years ago as a way to keep decision making in the hands of divorcing spouses and minimize emotional stress. Collaborative law allows lawyers and neutral experts to sit at the same table to work together for a common resolution of the parties. I am a member of the Bucks County Collaborative Law Group which requires rigorous training and practice in the method by its members.
Currently in Pennsylvania, any lawyer can claim they practice collaborative law but there are no regulations or legislative guidelines as to how a collaborative law divorce might proceed. There are not even requirements as to what training or affiliation a lawyer must have to practice collaborative law. HB 1644, which is part of a Uniform Law Act being promoted in all state legislatures across the country, specifies the legal steps and documents for a collaborative law divorce in Pennsylvania.
Collaborative Law is a more holistic approach to divorce that can include neutral (meaning, hired by both parties) experts such as a divorce counselor or child specialist as well as a financial planner. While it cannot eliminate the enmity that led to the divorce in the first place, I’ve found the process greatly reduces the length of time needed to resolve sensitive issues like custody, support, higher education and retirement.
– Elissa C. Goldberg, Esquire
Law Office of Elissa C. Goldberg
107 North Broad Street, Suite 211
Doylestown, PA 18901
Phone: 215-345-5259
Fax: 215-345-7458