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.
