N.J.S.A. 2A:23D-12: Confidential Communications During the Collaborative Divorce Process

All communication exchanged during the collaborative divorce process is confidential.  N.J.S.A. 2A:23D-12 states that a family collaborative law communication is confidential to the extent agreed to by the parties in a signed record or as provided by law.

 Confidentiality during the collaborative divorce process enhances transparency between the parties during the collaborative divorce process. Collaborative divorces are sometimes referred to as a process that is “confidential and transparent.” The process is supposed to be transparent in the sense that all information that may be important to resolving the dispute must be disclosed. Transparency provides security within the divroce process by helping to ensure that important information is known to both parties.  By sharing information, both parties can have adequate information and therefore, can participate in creating options and arriving at agreements that will be fair, reasonable and durable.  

The confidentiality requirement ensures that all the information exchanged in the process remains within the process. While the parties and their attorneys are expected to be transparent among themselves, the information exchanged during the collaborative divorce process cannot be shared with a court or judge in a subsequent proceeding or subsequent litigation if the collaborative process is unsuccessful.

Moreover, to protect the confidentiality of a collaborative process, the parties must also obtain new counsel if litigation becomes necessary. However, a well-trained collaborative professional will use the tools learned in order to assist the parties in moving beyond road-blocks to a settlement and to ensure that the parties do not need to resort to litigation.  

For questions regarding confidentiality, collaborative divorce or any other family law related issue, please contact the attorneys of Ulrichsen Rosen & Freed LLC. Our firm is focused exclusively on the practice of family law and serves clients throughout New Jersey including clients residing in Mercer County, Somerset County, Hunterdon County, Burlington County and Middlesex County.