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 Hawaii, collaborative law is recognized as an alternative to traditional divorce litigation. This process involves both spouses hiring attorneys specifically for the purpose of reaching a settlement through cooperative negotiation rather than court proceedings. The key principles of collaborative law in Hawaii include the signing of a participation agreement that stipulates the parties will not go to court during the collaborative process, the active involvement of both spouses and their attorneys in negotiations, the use of neutral experts jointly hired by the spouses, and the understanding that the attorneys involved in the collaborative process cannot represent the spouses in any subsequent litigation related to the divorce. If the collaborative process breaks down and litigation is pursued, the collaborative attorneys must withdraw from the case. Hawaii's statutes do not have a specific section dedicated to collaborative law, but the principles are generally accepted and practiced within the state's legal framework for family law. Spouses who choose collaborative divorce can benefit from a more private, less adversarial, and often more cost-effective way to resolve their marital disputes.