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 Connecticut, collaborative law, also known as collaborative divorce, is recognized as an alternative to traditional divorce litigation. This process involves both spouses hiring attorneys specifically trained in collaborative law to negotiate and resolve their marital issues outside of court. The key principles of collaborative law include the signing of a participation agreement by both spouses and their attorneys, which stipulates that neither party will engage in or threaten litigation during the collaborative process. The attorneys are committed to the collaborative approach and cannot represent the spouses in any subsequent litigation if the collaborative process fails. Additionally, neutral experts may be jointly engaged to assist with financial, child custody, or other relevant matters, and these experts are also precluded from participating in future litigation. Collaborative law aims to foster a cooperative environment, reduce conflict, and maintain privacy for the divorcing spouses. While Connecticut does not have a specific statute that exclusively governs collaborative law, the principles of collaborative practice are generally upheld by the legal community, and agreements reached through this process can be submitted to the court for approval, thereby becoming legally binding.