Section 2 - Definitions

As amended through November 4, 2024
Section 2 - Definitions
(a) "Collaborative family law process" is a procedure intended to resolve a collaborative matter with intervention by a court limited to required review of proposed marital dissolution agreements, permanent parenting plans, or other settlement documents, in which persons:
(1) sign a collaborative law participation agreement; and
(2) are represented by collaborative lawyers.
(b) "Collaborative family law matter" is a dispute, transaction, claim, problem, or issue for resolution that arises under or is related to Tennessee Code Annotated Titles 36 and 37 and that is described in a collaborative family law participation agreement including but not limited to (A) marriage, divorce, dissolution, annulment, and property distribution; (B) parenting time; (C) alimony, maintenance, and child support; (D) adoption; (E) parentage; and (F) premarital, marital, and post-marital agreements.
(c) "Collaborative family law participation agreement" is an agreement by persons to participate in a collaborative family law process.
(d) "Collaborative family law communication" is a statement, whether oral or in a record, or verbal or nonverbal, that:
(1) is made to conduct, participate in, continue, or reconvene a collaborative law process; and
(2) occurs after the parties sign a collaborative law participation agreement and before the collaborative law process is concluded.
(e) "Collaborative lawyer" is a lawyer who represents a party in a collaborative family law process.
(f) "Law firm" is:
(1) Lawyers who practice law together in a partnership, professional corporation, limited liability company, an association of professionals, or other business entities; and
(2) Lawyers employed in a non-profit legal services organization or in the legal department of a corporation or other organization or a government or governmental subdivision, agency, or instrumentality.
(g) "Nonparty participant" is a person, other than the collaborative lawyer and a party, who participates in a collaborative family law process.
(h) "Party" is a person, other than a collaborative professional, who signs a collaborative law participation agreement and whose consent is necessary to resolve a collaborative family law matter.
(i) "Proceeding" is an actual or anticipated judicial, administrative, arbitral, or other adjudicative process before a court, including related pre-hearing and post-hearing motions, conferences, and discovery.
(j) "Prospective party" is a person who discusses with a collaborative lawyer the possibility of signing a collaborative family law participation agreement.
(k) "Related to a collaborative family law matter" is a matter involving the same parties, transaction or occurrence, nucleus of operative fact, dispute, claim, or issue as the collaborative family law matter.
(l) "Court" includes the Tennessee Supreme Court, the Tennessee Court of Appeals, Circuit, Chancery, Law and Equity and Probate courts, General Sessions courts, Juvenile courts, and Municipal courts.
(m) "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.
Adopted by order filed and effective 4/1/2019.