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 Jersey, collaborative law is recognized as a legal alternative to traditional divorce litigation. This approach allows couples to work with their attorneys to negotiate the terms of their divorce, such as property division, spousal support, child support, and custody arrangements, outside of court. The process is grounded in a commitment to avoid litigation, with both parties signing an agreement that prohibits the use of threatening court action during negotiations. Each spouse retains a separate attorney trained in collaborative law, and these attorneys cannot represent the spouses in any subsequent litigation if the collaborative process fails. Additionally, neutral experts may be jointly hired to assist in the process, but they too are precluded from participating in future litigation. New Jersey's collaborative law process emphasizes confidentiality, voluntary participation, and a cooperative approach to resolving marital disputes. While New Jersey does not have a specific statute that exclusively governs collaborative law, the principles of collaborative practice are supported by the legal community and can be effectively utilized by couples seeking a less adversarial divorce process.