A collaborative family law process starts when the parties sign a participation agreement, and a tribunal cannot order a party to join over that party’s objection.
§377.5. Beginning and concluding collaborative family law process A. A collaborative family law process begins when the parties sign a collaborative law participation agreement. B. A tribunal shall not order a party to participate in a collaborative family law process over that party's objection. C. A collaborative family law process is concluded by any of the following: (1) Resolution of a collaborative family law matter as evidenced by a signed record. (2) Resolution of a part of the collaborative family law matter, evidenced by a signed record, in which the parties agree that the remaining parts of the family law matter will not be resolved in the process. (3) Termination of the process. D. A collaborative family law process terminates: (1) When a party gives 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. (b) In a pending proceeding related to the family law matter: (i) Initiates a pleading, motion, order to show cause, or request for a conference with the tribunal. (ii) Requests that the proceeding be put on the tribunal's active calendar. (iii) Takes similar action requiring notice to be sent to the parties. (3) Except as otherwise provided by Subsection G of this Section, 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 notice to all other parties in a record of a 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 thirty days after the date that the notice of the discharge or withdrawal of a collaborative lawyer required by Subsection E of this Section is sent to the parties: (1) The unrepresented party engages a successor collaborative lawyer. (2) In a signed record: (a) The parties consent to continue the process by reaffirming the collaborative family law participation agreement. (b) The collaborative family law agreement is amended to identify the successor collaborative lawyer. (c) The successor collaborative lawyer confirms the lawyer's representation of a party in the collaborative family law process. H. A collaborative family law process does not conclude if, with the consent of the parties, a party requests a tribunal to approve a resolution of the collaborative family law matter or any part thereof as evidenced by a signed record. I. A collaborative family law participation agreement may provide additional methods of concluding a collaborative family law process. Acts 2024, No. 98, §1.