As used in KRS 403.640 to 403.670:

1. (1) "Collaborative law communication" means a statement, whether verbal or nonverbal, that:

   1. (a) Is made to conduct, participate in, continue, or reconvene a collaborative law process; and
   2. (b) Occurs after the parties sign a collaborative law participation agreement and before the collaborative law process is concluded; "Collaborative law participation agreement" means an agreement by persons to participate in a collaborative law process; "Collaborative law process" means a procedure intended to resolve a collaborative matter without intervention by a court in which persons:
   3. (a) Sign a collaborative law participation agreement; and
   4. (b) Are represented by collaborative lawyers; "Collaborative lawyer" means a lawyer who represents a party in a collaborative law process; "Collaborative matter" means a dispute, transaction, claim, problem, or issue for resolution, including a dispute, claim, or issue in a proceeding, which is described in a collaborative law participation agreement and arises under the family or domestic relations law of this state, including:
   5. (a) Marriage, divorce, dissolution, annulment, and property distribution;
   6. (b) Child custody, visitation, and parenting time;
   7. (c) Alimony, maintenance, and child support;
   8. (d) Adoption;
   9. (e) Parentage; and
   10. (f) Premarital, marital, and post-marital agreements; "Immediate family member" has the same meaning as in KRS 205.8451; "Law firm" means:
   11. (a) Lawyers who practice law together in a:
2. (2)
3. (3)
4. (4)
5. (5)
6. (6)
7. (7) Partnership; Professional corporation; Sole proprietorship; Limited liability company; or 1. 2. 3. 4. 5. Association; and
8. (b) Lawyers employed in a: Legal services organization; Legal department of a corporation; 1. 2. 3. Other organization; or Legal department of a: 4. a. Government; b. Governmental subdivision; c. Agency; or d. Instrumentality;
9. (8)
10. (9) "Nonparty participant" means a person, other than a party and the party’s collaborative lawyer, that participates in a collaborative law process; "Party" means a person that signs a collaborative law participation agreement and whose consent is necessary to resolve a collaborative matter;
11. (10) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity; liability company, association,

12. (11) "Proceeding" means:

    1. (a) A judicial, administrative, arbitral, or other adjudicative process before a court, including related prehearing and post-hearing motions, conferences, and discovery; or
    2. (b) A legislative hearing or similar process;
13. (12) "Prospective party" means a person that discusses with a prospective collaborative lawyer the possibility of signing a collaborative law participation agreement;
14. (13) "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;
15. (14) "Related to a collaborative matter" means involving the same parties, transaction or occurrence, nucleus of operative fact, dispute, claim, or issue as the collaborative matter; and

16. (15) "Sign" means, with present intent to authenticate or adopt a record:

    1. (a) To execute or adopt a tangible symbol; or
    2. (b) To attach to or logically associate with the record an electronic symbol, sound, or process.

Effective: July 15, 2024

History: Created 2024 Ky. Acts ch. 62, sec. 1, effective July 15, 2024.