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Collaborative Prevalence At A Glance

Collaborative Prevalence At A Glance

Collaborative family law can often be utilized to help divorcing couples reach a mutually beneficial agreement, in fact, some studies have suggested a 95% success rate for resolutions utilizing collaborative family law. Yet, not all couples will be able to utilize this practice, as it requires a certain degree of mutual respect and sympathy for each other. 
In cases where couples are unable to get along, collaborative law may not be the proper approach for a settlement of a divorce. However, many couples will find that collaborative law will effectively bring a resolution to all disputed issues that are related to the divorce. In fact, even couples that have found themselves involved in constant conflict have been pleasantly surprised with the collaborative family law experience.
Collaborative family law agreements can help families to retain any sense of shared goals and togetherness. Children of the spouses that utilize collaborative family law agreements often fair much better than children involved in other types of divorce. In general, most parents want to achieve results that are in the best interest of the children. In collaborative family law, parents work together to realistically access the needs of the children and the manner in which those needs can be met. On the other hand, cases that end up in divorce court leave all of the decisions in the judges hands. 
While judges strive to make the best decisions, they do not have ample time to get to know every member of the family unit, or understand that particular family’s dynamics. Because of the vast success of collaborative law, many states have taken action on making determinations for the allowance of the practice. Many states now have rules and regulations in place for collaborative family law. While some states have specific rules relating to collaborative law, others only have rules in place within local jurisdictions. 
In any case, collaborative law is quickly becoming recognized as an effective manner in which to deal with conflict resolution. However, some states have raised ethics issues regarding the agreement to avoid litigation, while introducing the possibility of enacting new rules and regulations as the process becomes more popular.
Collaborative law is quickly becoming the chosen method for divorcing couples that have remained in an amicable relationship. While many couples are able to settle their disputes through court ordered mediation, collaborative law allows couples to avoid litigation all together. Avoiding court hearing allows for lower stress levels, and are often involved in fewer battles in order to reach a resolution; collaborative law is an effective way of avoiding further conflict among divorcing couples.

Collaborative Family Law Overview

Collaborative Family Law Overview

In uncontested divorce proceedings, couples agree on distribution of property, assets and issues that relate to children. In contrast, contested divorce proceedings result from a lack of agreement between a couple that is getting divorced. In some contested divorce proceedings, only one spouse is seeking a divorce. In a contested divorce, spouses are unable to agree on all, or some of the issues generally involved in a divorce. 
Oftentimes, spouses with children are unable to agree on the terms for child support, child custody and child visitation. In addition, some couples cannot decide on an equitable distribution of marital property and debt. Contested divorces generally take a long time, require a lot of money and involve undue stress for spouses and any children involved. In fact, contested divorces can take years to reach a resolution.
In contested divorces, one spouse is required to file a petition for divorce and serve the petition to the other spouse in a legally acceptable manner. In most states, a spouse that fails to respond to the petition is found in default, and a judge will grant a default settlement of divorce. However, most contested divorces end up with the spouses battling for assets and other marital issues present in divorce proceedings. In contested divorces, divorce proceedings can be very time consuming, and a dissolution of marriage often takes quite a long time. In fact, contested divorce proceedings often take years to resolve. Divorce proceedings that take that much time can cause vast amounts of stress for spouses and their families. 
In addition, couples involved in contested divorce proceedings often end up spending greater amounts of money than were involved in the original dispute. In fact, contested divorce proceedings involve many billable hours for both spouse’s attorneys, which can end up costing the couple a fortune. However, a larger issue in contested divorces is parental rights regarding any children that resulted from the marriage. 
Generally, spouses have disputes about custody, visitation and decision making ability in regards to the children’s upbringing. In fact, cases involving children are generally the divorce proceedings that require the most time and attention. Disputes regarding child support are often decided as a separate issue by the court.
Contested divorces can end up costing couples more money than the inherent value of their respective assets. In addition, children become resentful and often feel abandoned while their parents take the time to battle in court. Children do much better when their parents work together to reach a resolution. In addition, the over all health of spouses involved in contested divorces is generally put in jeopardy because of the stress and constant disagreement. 
It is also difficult for parents to work toward a joint effort in raising their children in the best manner possible when they were unable to come to agreements during the divorce. Battles that result from divorce often carry over into their lives once the divorce has been granted. Contested divorces often cause resentment for families that are already struggling with their new lives; couples that can take part in uncontested divorces, fair much better long term than couples who cannot reach a resolution on their own.