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Collaborative Comparison vs no-fault Divorce

Collaborative Comparison vs no-fault Divorce

The main difference between collaborative divorce and no-fault divorce is that the former remains under the purview of the court, while the latter sits as an outside decision. no-fault divorce became the prominent form of representation no-fault divorce refers to different ways in which states allow prospective divorcees to legal proceedings
Collaborative divorce functions outside of the court system and comes from a couple agreeing not to go to court regarding their claims, and to work through their disagreements in a form of mediation. Many people compare court ordered mediated to collaborative divorce, but they exist as two entirely different functions. Although court-ordered mediation holds no legal legitimacy in a divorce proceeding, mediation has shown to improve many situations; either of the spouses in question can walk out whenever they want without fear of penalty. Collaborative divorce begins with a legal obligation to complete the divorce in this fashion, further disallowing any divorce considerations to be brought up later in front of a court. 
No-fault divorce has succeeded in easing the intensity of the legal system, but still pits individuals against each other in an accusatory setting that often digs deeper into an already tarnished relationship. Especially couples that face divorce with kids note the difficulty in demonizing the opposing party in court, and then attempting to work together on parenting. Collaborative divorce rather focuses on specific interests and reservations and attempts to build compromise rather than tear down the other case.
The nature of the legal system is one party against another with the object being victory. In family court, where relationships are destroyed and families lost, even the winner of the case will always wind up losing in the end; no-fault divorce allows people to make their own decisions with marriage, while still allowing the opportunity to the individuals in question to come together and agree on some central tenets.

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.