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 Maine, 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 in Maine include the signing of a participation agreement by both spouses and their attorneys, which stipulates that neither party will threaten or initiate court proceedings during the negotiations. The attorneys involved in the collaborative process cannot represent the spouses in any subsequent litigation if the collaborative process fails. The process is designed to foster open communication, reduce conflict, and maintain privacy. It allows the couple to work with jointly retained experts, such as financial advisors or child specialists, to reach a mutually agreeable settlement. If the collaborative process breaks down, both attorneys must withdraw from the case, and the spouses must hire new attorneys if they wish to proceed to litigation. Maine's collaborative law process is aimed at creating a more amicable and cooperative environment for divorcing couples to resolve their disputes.