Creative Alternatives to the Courtroom

Does Your State Have Collaborative Law Legislation?

Divorce professionals are keenly aware that each state passes and enforces its own set of laws. What is less known is the existence of the Uniform Law Commission (ULC)—and how it is leading the way for a consistent application of collaborative law throughout the country.

 

The ULC works by identifying which aspects of a hypothetical statute—in this case, a collaborative law statute—are essential and which are undesirable. From there, a model bill is drafted and proposed to the states. Currently, the following state legislatures have taken up the ULC’s model collaborative law statute and adopted it as their own:

  • Florida
  • Hawaii
  • Maryland
  • Montana
  • North Carolina
  • North Dakota
  • New Jersey
  • Nevada
  • Texas

It appears that the next states to adopt the ULC’s model legislation will be Massachusetts and Illinois.

Jurisdictions that have adopted their own statutes without the guidance of the ULC include:

  • Alabama
  • Arizona
  • District of Columbia
  • Michigan
  • Ohio
  • Texas (subsequently replaced by the ULC model)

Why have some states chosen to enact uniform legislation while others have not? I would love to hear your thoughts on the matter.