(a) A collaborative family law process begins when the parties sign a collaborative family law participation agreement.(b) A tribunal may 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:
(1) resolution of a collaborative family law matter as evidenced by a signed record;(2) resolution of a part of a collaborative family law matter, evidenced by a signed record, 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 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 parties, initiates a pleading, motion, or request for a conference with the tribunal;(ii) initiates an order to show cause or requests that the proceeding be put on the tribunal’s active calendar; or(iii) takes similar action requiring notice to be sent to the parties; or(3) 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 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 30th 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 process does not conclude if, with the consent of the parties to a signed record resolving all or part of the collaborative matter, a party requests a tribunal to approve a resolution of the collaborative family law matter or any part of that matter as evidenced by a signed record.(i) A collaborative family law participation agreement may provide additional methods of concluding a collaborative family law process.
Tex. Fam. Code ยง 15.102
Added by Acts 2011, 82nd Leg., R.S., Ch. 1048, Sec. 1, eff. September 1, 2011.
