2A:23D-7 Conclusion of family collaborative law process.
7. a. A family collaborative law process is concluded by either:
(1) resolution of a family law dispute as evidenced by a signed settlement agreement; or
(2) termination of the process.
b.A family collaborative law process terminates when:
(1)a party gives notice to other parties in a record that the process is ended, which a party may do with or without cause; or
(2)a party files a document without the agreement of all parties that initiates a proceeding related to the family law dispute; or
(3)either party is subject to, or obtains, a temporary or final restraining order against the other party in accordance with the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et seq.); or
(4)an action is commenced requesting that a tribunal issue emergency relief to protect the health, safety, welfare, or interests of a party or the defense against such a request is commenced; or
(5)except as provided by section 9 of P.L.2014, c.50 (C.2A:23D-9), a party discharges a family collaborative lawyer; or
(6)a party fails to provide information pursuant to section 10 of P.L.2014, c.50 (C.2A:23D-10) that is necessary to address the issues in dispute, and one of the parties chooses to terminate the collaborative process as a result; or
(7)a family collaborative lawyer ceases further representation of a party.
c.A family collaborative law process does not terminate if, with the consent of the parties, a party, or the party's family collaborative lawyer on the party's behalf, requests a tribunal to incorporate a settlement agreement into a final judgment.
d.A family collaborative law participation agreement may provide additional methods of terminating or concluding a family collaborative law process consistent with P.L.2014, c.50 (C.2A:23D-1 et seq.) and the Rules of Professional Conduct promulgated by the Supreme Court of New Jersey.
e.In the event the family collaborative law process does not result in a judgment resolving the family law dispute and the dispute is, instead, submitted to a tribunal for adjudication, the family collaborative lawyer and the lawyers in the law firm with whom the collaborative family lawyer is associated shall not continue to represent the party in that family law dispute.
L.2014, c.50, s.7.
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Last modified: October 11, 2016