Denver, CO family law attorney Kristi Wells explains how collaborative divorce works in Colorado. She explains that collaborative divorce is both a worldview and a structured approach to ending a marriage. In Colorado, as in Texas and other states, it is codified in statute. In a collaborative divorce, both parties commit to resolving all issues before filing anything with the court. The process requires two collaboratively trained attorneys and parties who sign an agreement to share information openly, work with joint experts, and participate in a series of structured meetings. These meetings typically cover topics such as parenting arrangements, property division, business valuation, and allocation of debts and assets.

Parties sign a collaborative agreement upfront, committing to this process and aiming to settle the case without litigation. This approach relieves pressure from the adversarial path, reduces conflict, provides emotional support during negotiations, and often helps preserve the ability to co-parent effectively in the future.

She notes that a key challenge is that if one party decides to leave the collaborative process and proceed to court, the collaborative agreement terminates automatically. Both collaborative attorneys must step aside, new litigation counsel is hired, and any joint experts must be replaced unless both parties agree to use their work. While this can be difficult to understand, it ensures commitment to the collaborative process, as parties are motivated to complete it rather than start over and incur additional costs.

Additionally, the structure prevents attorneys from secretly preparing for litigation during the collaborative process. For certain clients—especially those with complex issues or a strong desire to maintain positive relationships post-divorce—collaborative divorce can be the most effective way to resolve matters without the emotional and procedural pitfalls of traditional litigation.