Collaborative law or collaborative divorce is an alternative to the traditional divorce process in the court system—it is a process in which spouses hire attorneys to help dissolve the marriage by resolving differences through agreement rather than by litigation in court.

In collaborative law, the spouses try to come to agreements on the division of property, spousal support payments, child support payments, and child custody schedules—rather than the judge making these decisions by court order. Collaborative law is designed to reduce some of the more confrontational, destructive conflict in the divorce litigation process, while offering the spouses greater privacy and confidentiality in their personal lives.

The characteristic elements of collaborative law include:

• a written agreement signed by the spouses and their lawyers that no one will use or threaten to use the court process during the collaborative process

• each spouse has a lawyer and actively participates in all negotiations

• financial and other experts are retained jointly and are prohibited from working for the spouses if the spouses decide to use the litigation process

• neither lawyer can participate in any litigation against the other spouse after working as a collaborative lawyer on the matter

• the lawyers are terminated (“fired”) if the spouses decide to use the litigation process

Many states have laws that define the collaborative law process and give effect to the agreements made by the spouses. These laws are generally located in the state’s statutes—often in the family or domestic relations code.

In Colorado, collaborative law, also known as collaborative divorce, is recognized as a legal alternative to traditional divorce litigation. This process involves both spouses hiring attorneys specifically trained in collaborative law to negotiate and resolve their differences outside of court. The goal is to reach a mutually acceptable settlement on issues such as property division, spousal support, child support, and child custody without the need for judicial intervention. The process is characterized by a commitment not to litigate: both parties and their attorneys sign a participation agreement that disallows the attorneys from representing the clients in court if the collaborative process fails. This agreement also includes the provision that if the collaborative process ends without a settlement, both attorneys are disqualified from further involvement in the case. Colorado's approach to collaborative law is designed to foster open communication, preserve privacy, and minimize conflict. The use of neutral experts is encouraged to assist in areas like finance and child welfare. While Colorado does not have a specific statute that exclusively governs collaborative law, the practice is supported by the legal community and is consistent with Colorado's rules and ethical guidelines for attorneys. Collaborative law in Colorado offers a structured, yet flexible, framework for couples seeking to dissolve their marriage with less acrimony and more control over the outcome.