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 New Hampshire, collaborative law is recognized as a legal alternative to traditional divorce litigation. This approach allows couples to work with their attorneys to resolve their marital issues outside of court, aiming for a more amicable and private settlement. The process involves a commitment by both spouses and their attorneys to negotiate in good faith and avoid litigation. Key elements include a participation agreement that precludes the attorneys from representing the spouses in court if the collaborative process fails, the use of joint experts, and the active involvement of both spouses in the negotiation process. New Hampshire's collaborative law is governed by state statutes that outline the framework and legal validity of the collaborative divorce agreements. These statutes ensure that the agreements reached through this process are enforceable and provide a structure for the collaborative law proceedings, emphasizing the importance of confidentiality and the voluntary nature of the process.