Section 5 - Beginning and Concluding Collaborative Family Law Process

As amended through November 4, 2024

(a) A collaborative family law process begins when the parties sign a collaborative family law participation agreement.

(b) Participation in the collaborative family law process is voluntary and a court may not order a party to participate in a collaborative family law process over the party's objection.

(c) A collaborative family law process concludes by:

(1) resolution of a collaborative family law matter as evidenced by a signed record, and when necessary approved by a court;

(2) resolution of a part of a collaborative family law matter, evidenced by a signed record, and when necessary approved by a court, in which the parties agree that the remaining parts of the matter will not be resolved in the process; or

(3) termination of the process under Subsection (d).

(d) A collaborative family law process terminates:

(1) when a party gives written notice to other parties in a record that the process is ended;

(2) when a party:

a. begins a proceeding related to a collaborative family law matter without the agreement of all parties; or

b. in a pending proceeding related to the matter:

i. without the agreement of all the parties, initiates a pleading, motion, or request for a conference with the court;

ii. initiates an order to show cause or requests that the proceeding be put on the court's active calendar; or

iii. takes similar action requiring notice to be sent to the parties; or

c. except as otherwise provided by Subsection (g), when a party discharges a collaborative lawyer or a collaborative lawyer withdraws from further representation of a party.

(e) A party's collaborative lawyer shall give prompt written notice in a record to all other parties of the collaborative lawyer's discharge or withdrawal.

(f) A party may terminate a collaborative family law process with or without cause.

(g) Notwithstanding the discharge or withdrawal of a collaborative lawyer, a collaborative family law process continues if, not later than the 30^th day after the date the notice of the collaborative lawyer's discharge or withdrawal required by Subsection (e) is sent to the parties:

(1) the unrepresented party engages a successor collaborative lawyer; and

(2) in a signed record:

a. the parties consent to continue the process by reaffirming the collaborative family law participation agreement;

b. the agreement is amended to identify the successor collaborative lawyer; and

c. the successor collaborative lawyer confirms the lawyer's representation of a party in the collaborative process.

(h) A collaborative family law participation agreement may provide additional methods of concluding a collaborative family law process including, but not limited to, mediation.

Adopted by order filed and effective 4/1/2019.