Written By: Karen Ela Kenny & Ann Conway
There has been much discussion about the adverse experiences of divorce litigants and the NH court system. Collaborative Divorce is an alternative to court and is practiced in New Hampshire. The process was codified in our statutes in October 2021 (N.H. RSA Section 490-J) for citizens to use as an alternative dispute resolution. RSA 490-J protects privacy and recognizes signed agreements as enforceable. Only collaboratively trained lawyers, mental health professionals and financial advisors can aid a couple in the collaborative process. We invite you to explore more about our professionals and the process itself at our website: collaborativedivorcenh.com.
In Collaborative Divorce the couple controls the process and pace, maintains privacy, and practices post-separation communication while being supported by professionals. The process involves each spouse retaining a collaborative attorney and hiring a financial professional and mental health professional to neutrally aid the couple. Everyone commits to finding an out-of-court solution to all divorce issues with a signed contract. With the professional team, spouses are empowered to tailor all aspects of the divorce agreements to their family’s needs. Instead of positioning or highlighting failures, which too often are the hallmarks of litigation, spouses focus on authentic discussions about each other’s needs and goals. The team is adept at insuring there are no duplicative efforts, helping to keep costs down. Instead, the team and couple share all financial information and work together to generate one final set of agreements.