Collaborative Law Divorce Act to Be Introduced in PA Legislature

Messy, adversarial divorces are out. Collaborative law divorces are in.

Collaborative law divorce is when both parties separately retain specially trained collaborative law attorneys. Both parties and their counsel then sit down together with the goal of reaching a settlement in a civil manner and, most importantly, avoiding a trial. Collaborative divorce is, in essence, a team approach.

A draft of an act called the Pennsylvania Uniform Collaborative Law Act (UCLA) recently gained approval from the full board and the House of Delegates of the Pennsylvania Bar Association, with a new bill expected to be introduced in the legislature later this year. The act, which has already been enacted by four states and the District of Columbia, would ensure that clients seeking a collaborative process are given consistent treatment by holding collaborative attorneys up to specific standards. For example, if an attorney fails to help settle a case or threatens to go to court, the collaborative process would be over and the UCLA would prohibit the attorney from representing the client any further. The purpose of this is to ensure that both attorneys are committed to reaching a settlement.

Collaborative divorces are ideal for many clients because they allow the parties to work at their own pace-some divorces have been settled in just two meetings, some have taken years-as well as talk over important issues on which the courts are often reluctant to spend excess time. For example, married couples who jointly own a business or who have a child with special needs find collaborative divorce particularly helpful, as it allows them to manage their unique and complex circumstances in a way that is tailored to their situation.

If a collaborative divorce appeals to you, look no further than Elissa C. Goldberg’s office. Elissa is one of about 300 trained collaborative attorneys in Pennsylvania and has years of collaborative law experience. Her expertise is exactly what you need to begin your collaborative divorce process.

By Juliette