We are independent & ad-supported. We may earn a commission for purchases made through our links.

Advertiser Disclosure

Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.

How We Make Money

We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently from our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.

What is a Collaborative Divorce?

By G. Wiesen
Updated May 17, 2024
Our promise to you
WiseGEEK is dedicated to creating trustworthy, high-quality content that always prioritizes transparency, integrity, and inclusivity above all else. Our ensure that our content creation and review process includes rigorous fact-checking, evidence-based, and continual updates to ensure accuracy and reliability.

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

Editorial Standards

At WiseGEEK, we are committed to creating content that you can trust. Our editorial process is designed to ensure that every piece of content we publish is accurate, reliable, and informative.

Our team of experienced writers and editors follows a strict set of guidelines to ensure the highest quality content. We conduct thorough research, fact-check all information, and rely on credible sources to back up our claims. Our content is reviewed by subject matter experts to ensure accuracy and clarity.

We believe in transparency and maintain editorial independence from our advertisers. Our team does not receive direct compensation from advertisers, allowing us to create unbiased content that prioritizes your interests.

A collaborative divorce is a procedure entered into by two parties that wish to dissolve their marriage, but is an alternative to a traditional, adversarial divorce proceeding. In a collaborative divorce, both parties agree to maintain civility and come to an amicable resolution of their differences to end the marriage in a way that is, hopefully, less combative and destructive than traditional divorces can be. The process still involves lawyers, but in a more advisory function, and begins with the signing of a participation agreement by both parties and the lawyers.

Similar to resolving conflicts through mediation, the process of a collaborative divorce attempts to end a marriage through constructive negotiation and with minimal distress. Both parties retain lawyers to work with them, but the process is aimed at avoiding the typical adversarial approach of legal divorce proceedings in which the parties may seek to harm each other’s reputations for greater personal gain. This approach can be especially helpful in situations where one or more young children are involved in the divorce, as efforts are made to keep the children out of any conflict and find a mutually beneficial result that ensures the well-being of the children.

At the start of a collaborative divorce, both parties and their lawyers create and sign a participation agreement that establishes the parameters of the meetings that will follow. This agreement includes provisions such as establishing the role of the lawyers as advisers, both parties agreeing to remain civil and constructive during the proceedings, focusing on children’s well-being, and each party agreeing to not take advantage of mistakes or errors made by the other party. The primary goal of this agreement is to establish rules of conduct for the meetings that will follow, to create an atmosphere in which both parties can end the marriage amicably and with minimal strife and personal interference. Lawyers involved will also typically agree that if the collaborative divorce does not work out, and further legal measures are required, that both lawyers will recuse themselves and both parties will have to find new representation.

Proponents of collaborative divorces insist that the process is less destructive for all involved than a traditional divorce. While this may be true at times, people in the midst of a divorce can often be under severe stress dealing with a spouse with whom they have extreme feelings toward. In such a heightened state of emotional duress, many people might not be able to properly conduct such informal proceedings and proper litigation may be required.

WiseGEEK is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.

Discussion Comments

WiseGEEK, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGEEK, in your inbox

Our latest articles, guides, and more, delivered daily.