New Jersey Statutes 2A:23D-3. Definitions relative to family collaborative law
Terms Used In New Jersey Statutes 2A:23D-3
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
- State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
a. “Family collaborative law communication” means a statement, whether oral or in a record, that is made in the course of a family collaborative law process and occurs after the parties sign a family collaborative law participation agreement but before the family collaborative law process is concluded.
b. “Family collaborative participation agreement” means a written agreement by the parties to participate in a family collaborative law process, in accordance with section 5 of P.L.2014, c.50 (C. 2A:23D-5) in order to resolve their family law dispute.
c. “Family collaborative law process” means a procedure intended to resolve the family law dispute without intervention by a tribunal provided that the individuals in the dispute: (1) sign a family collaborative law participation agreement; and (2) are represented by family collaborative lawyers.
d. “Family collaborative lawyer” means a lawyer who represents a party in a family collaborative law process and whom the party acknowledges is retained for that limited purpose.
e. “Family law dispute” means a dispute, claim or issue which is described in a participation agreement and arises under the family or domestic relations law of this State, including but not limited to:
(1) marriage, civil union, domestic partnership, divorce, dissolution, annulment, or property distribution;
(2) child custody, visitation, or parenting time;
(3) alimony, maintenance, or child support; or
(4) premarital, marital or post-marital agreements, or comparable agreements affecting civil unions or domestic partnerships.
f. “Nonparty participant” means a person, other than a party and the party’s family collaborative lawyer, who participates in a family collaborative law process. This includes, but is not limited to, financial practitioners, including certified financial planners and certified public accountants, and mental health professionals, including licensed clinical social workers, psychologists, licensed professional counselors, licensed marriage and family therapists, and psychiatrists.
g. “Party” means an individual who signs a family collaborative law participation agreement and whose consent is necessary to resolve a family law dispute under P.L.2014, c.50 (C. 2A:23D-1 et seq.).
h. “Proceeding” means a judicial or arbitral or adjudicative process before a tribunal.
i. “Prospective party” means an individual who discusses with a prospective family collaborative lawyer the possibility of signing a family collaborative law participation agreement.
j. “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
k. “Related to the family law dispute” means involving the same parties, transaction or occurrence, nucleus of operative fact, claim, matter or issue as the family law dispute.
l. “Settlement agreement” means a signed agreement entered into by the parties to a family collaborative law participation agreement that sets forth a resolution of the parties’ family law dispute.
m. “Sign” means, with present intent to authenticate or adopt a record to execute or adopt a tangible symbol; or attach to or logically associate with the record an electronic symbol, sound, or process.
n. “Tribunal” means a court, arbitrator, or administrative agency, as applicable, that after presentation of evidence or legal argument, has jurisdiction to render a decision affecting a party’s interests in a matter.
L.2014, c.50, s.3.