Collaborative Divorce in Washington and Oregon
An Alternative Approach to Getting Divorced
Reviewed on 2/24/26 by Amy Carei, J.D., Law Practice Supervising Attorney.
Collaborative divorce in Washington and Oregon is an alternative process wherein parties formally choose to opt out of the court-centered litigation process. This method is designed for couples who want to minimize conflict, maintain privacy, and work together to create a mutually agreeable resolution.
What Is Collaborative Divorce?
Collaborative divorce is a structured process where each spouse retains an attorney trained in collaborative law. The parties and their attorneys commit to resolving issues without formal litigation/court intervention, focusing on negotiation and cooperation. The process may also involve agreed-upon neutral professionals, such as financial specialists or child specialists, when needed.
Key benefits include:
- Divorcing couples work together instead of through back-and-forth settlement negotiations and court appearances
- Decisions remain in the hands of the couple, not a judge
- Often less adversarial than going to court
- Greater privacy and flexibility
Is Collaborative Divorce Right for You?
This approach works best when both spouses are committed to:
- Sharing information openly and honestly
- Negotiating in good faith
- Focusing on thoughtful, long-term outcomes rather than rushing the process
- Prioritizing solutions that support the entire family’s future
Collaborative divorce may not be appropriate in cases involving domestic violence, significant power imbalances in the relationship, or an inability to communicate constructively.
For more details on the process and how it differs from other methods, see our blog on collaborative divorce.
Frequently Asked Questions About Collaborative Divorce
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How does collaborative divorce differ from mediation?
Mediation typically involves a neutral third party who guides negotiations, often during a structured session designed to work toward a settlement agreement. In many cases, participating in at least one mediation session during litigation is a formal court requirement.
Collaborative divorce, by contrast, is a voluntary, team-based process from start to finish. Both parties and their attorneys commit to resolving issues outside of court and work together under a mutually agreed-upon framework, timeline, and set of goals tailored to the family’s needs.
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What happens if the collaborative divorce process isn’t working?If one or both parties decide the collaborative process is not working, the spouses must notify the court and opt back into the traditional divorce procedure. Opting out of the collaborative process requires hiring new legal counsel.
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Is collaborative divorce faster than litigation?It can be but not always. Sometimes the collaborative process can take longer than formal litigation, however parties are more often satisfied with a settlement that results from the collaborative process.
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Can collaborative divorce be used for custody and support issues?Yes. Parenting plans, custody arrangements, and child support can all be addressed in a collaborative divorce.
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Do I need an attorney for a collaborative divorce?Yes. Each spouse must retain a collaborative divorce attorney to ensure that negotiations are fair and legally sound.
Talk with a Collaborative Divorce Attorney
Collaborative divorce in Washington and Oregon can be an effective way to end a marriage in a respectful and constructive manner. McKinley Irvin’s collaborative attorneys help clients explore whether this process is the right fit and guide them every step of the way.
Contact us online or call (888) 337-0258 to schedule a consultation and discuss whether collaborative divorce is right for your situation.
