Exploring the alternatives to traditional court litigation in NH

Mediation and collaborative divorce are alternatives to traditional court divorce, and may be beneficial for some couples.

Couples who are going through the divorce process in New Hampshire are not alone. According to the Centers for Disease Control and Prevention, more than half of all marriages end in divorce in the U.S. Some couples are able to discuss and settle the details of their divorce without any legal intervention. Other people, however, may need assistance when negotiating their divorce settlement. Divorce litigation is no longer one size fits all. People now have several options when it comes to dissolving a marriage in New Hampshire, including mediation and collaborative law.

Mediation

Couples who want to settle their divorce in a civil, non-confrontational manner may choose to schedule mediation sessions, according to the American Bar Association. Mediation takes place out of court, under the direction of a neutral, third-party mediator. Although the mediator cannot give any legal counsel to either party. It is advisable to review your personal situation with an attorney before you attend mediation and before you sign any document that will be filed with the Court and affect your legal rights.

Collaborative law

Collaborative law is similar to mediation in many ways. Rather than use a mediator, however, the couple enters into the negotiation sessions with their personal attorneys. Before starting a collaborative session, both parties must agree to disclose all information pertinent to the case. Think Advisor reported that couples must also agree to make decisions that will best benefit everyone involved in the marriage dissolution. If the collaborative sessions do not work and the divorce is sent to court litigation, the couple must obtain new legal representation.

Collaborative divorce can be advantageous to parents and business partners who need to maintain a relationship once the divorce is finalized, according to Think Advisor. Since the sessions are laid back and held out of court, they don't tend to involve the stress and bitterness that can develop during court litigation. Furthermore, people are more likely to stick to the details of the divorce decree if they have had an active role in creating it.

Legal assistance may be needed

Although an attorney may be optional in some divorce situations, many people choose to speak to an established family lawyer. An attorney can ensure that you are getting everything you deserve from the divorce. A lawyer may be helpful in making crucial decisions during such an emotional time. An attorney can help you make the best decisions for your case before you make costly mistakes.

Keywords: mediation, collaborative, litigation