Collaborative divorce offers a structured, respectful way for couples to resolve their divorce without stepping into a courtroom. Instead of competing against each other through motions or hearings, both spouses commit to a process built on transparency, guided discussions, and shared problem-solving. Washington recognizes this model under RCW 7.77, which outlines how spouses and their collaboratively trained attorneys agree to exchange information openly and work toward a complete resolution outside of litigation.
This approach does not ignore conflict. It addresses it differently. Collaborative divorce helps couples focus on long-term stability rather than short-term wins by creating space for thoughtful conversation about finances, parenting, and future plans. The process also allows for neutral professionals—such as financial specialists, child consultants, or communication coaches—when their expertise can reduce tension or clarify complex issues.
Collaborative divorce is not the right choice for every situation, especially when there are safety concerns or significant power imbalances. But when both spouses can communicate respectfully and are willing to participate in good faith, the process can reduce stress, protect privacy, and help families transition with stability. It allows couples to maintain control of decisions and develop agreements built around their values rather than the limitations of courtroom procedures.
Understanding the Collaborative Process
What is collaborative divorce, and how does it work in Washington?
Collaborative divorce is a voluntary, confidential process under RCW 7.77 where both spouses and their collaboratively trained attorneys commit to resolving every issue outside of court. Everyone signs a participation agreement that requires transparency and cooperative problem-solving.
How is collaborative divorce different from mediation or traditional litigation?
Mediation uses a neutral third party to facilitate discussion, while each spouse keeps independent advocacy. Collaborative divorce uses a team-based approach where spouses and their attorneys meet together to reach solutions. Litigation places decisions in the hands of a judge instead of the parties.
Is collaborative divorce right for us?
It works best for couples who can communicate respectfully, exchange information transparently, and prioritize long-term stability over short-term wins. It may not fit situations where safety, coercion, or concealment are concerns.
Legal Requirements and Participation
Do both spouses need to agree to use collaborative divorce?
Yes. Both must voluntarily choose collaborative law and hire attorneys trained in the process. Without mutual agreement, the case proceeds through traditional negotiation or litigation.
Do we still need separate attorneys in a collaborative divorce?
Yes. Each spouse must have their own collaborative attorney who provides independent advice while participating in joint meetings.
Who is part of a collaborative divorce team?
Teams commonly include both spouses, their collaborative attorneys, and neutral specialists such as financial advisors, child consultants, or communication coaches.
Cost, Timing, and Practical Considerations
How much does collaborative divorce cost in Washington?
Costs depend on the number of meetings, the professionals involved, and the complexity of the issues. While not always the least expensive method, it can prevent the significantly higher costs associated with litigation.
How long does a collaborative divorce take?
The timeline depends on how quickly spouses exchange information and reach agreement. Many cases resolve faster than contested litigation because the process avoids court scheduling and formal discovery.
Can collaborative divorce be used when children or complex assets are involved?
Yes. Collaborative teams often include professionals who can assist with parenting plans, business valuations, or retirement issues, making the process suitable for both straightforward and complex cases.
Conflict, Impasse, and Special Situations
Can collaborative divorce work in a high-conflict situation?
Sometimes. If both spouses can commit to respectful communication and structured meetings, collaborative divorce may help reduce conflict. When coercion, intimidation, or safety concerns are present, other processes may be more appropriate.
What happens if we reach agreement on some issues but not others?
The team continues working until all issues are resolved, but if negotiations stall irreparably, the collaborative process ends and both attorneys must withdraw. Each spouse then hires new counsel for litigation.
What happens if one spouse drops out of the process?
If either party chooses to litigate, the participation agreement requires both collaborative attorneys to withdraw. This “disqualification clause” preserves the integrity of the collaborative process and encourages good-faith participation.
Can collaborative divorce be used in an uncontested divorce?
Yes. Couples who have already agreed on the major issues sometimes use collaborative divorce to structure and formalize their agreement with professional guidance.
Outcomes and Enforceability
Are collaborative divorce agreements legally binding?
Yes. Once written and filed with the court, collaborative agreements have the same force as any other divorce orders. They must meet Washington’s fairness standards and comply with RCWs governing parenting plans, support, and property division.
Can collaborative divorce keep financial and personal information private?
Yes. Most of the work happens in confidential meetings, and only final orders are filed publicly. Sensitive documents can often be kept out of the public record when the law allows.
Moving Forward with a Cooperative Approach
Collaborative divorce gives couples the opportunity to end their marriage with clarity and respect while preserving control over the outcome. When both spouses participate fully, the process encourages thoughtful decisions about parenting, property, and the future. It replaces adversarial exchanges with structured meetings and careful planning supported by trained professionals.
Our attorneys help clients prepare, understand the process, and negotiate from a clear position. Whether your priorities involve financial security, privacy, or minimizing conflict for your children, collaborative divorce can provide a stable path through a difficult transition.
If you’re exploring options for a cooperative, future-focused divorce, we can help you evaluate whether the collaborative model fits your situation and guide you through each step with confidence.
Reviewed by Attorney Zachary C Ashby, Pacific Northwest Family Law, November 2025