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AL SB320
Bill
Status
3/12/2013
Primary Sponsor
Robert Ward
Click for details
AI Summary
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Adopts the Alabama Uniform Collaborative Law Act to allow parties in family law matters (divorce, custody, adoption, support, etc.) to resolve disputes through collaborative law agreements without court intervention.
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Requires collaborative law participation agreements to be in writing, signed by parties, identify representing lawyers, describe the matter and process, and include disclosures about process termination and confidentiality.
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Provides that collaborative lawyers and their law firms are disqualified from representing parties in subsequent litigation related to the collaborative matter, with limited exceptions for emergency protective orders and tribunal approval of agreements.
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Establishes that communications made during the collaborative process are confidential, parties must make full disclosure of information without formal discovery, and tribunals may issue emergency orders to protect health, safety, or welfare.
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Takes effect January 1, 2014 for all qualifying collaborative law participation agreements signed on or after that date.
Legislative Description
Family law, collaborative law agreements authorized, process requirements, confidential communications, Uniform Collaborative Law Act
Family Law
Last Action
Pending third reading on day 18 Favorable from Judiciary with 1 amendment
5/7/2013