Modern divorce, alimony, marital property, child custody, and support laws were created by legislators and focus on the rights and responsibilities of parties. The authority to break marital bonds is vested solely with the courts through an adversarial process that "most experts believe is ill-equipped to resolve the inter-disciplinary issues presented in a divorce case." The universal acceptance of no-fault divorce by the states has limited the adversarial nature of divorces, but financial awards of alimony, marital property, and child custody are often determined using a "fault-coupled-with-rights" approach. The results of divorce and other family law matters handled through the traditional litigation are rarely tailored to the unique problems of each case.
Andrew J. Meyer, The Uniform Collaborative Law Act: Statutory Framework and the Struggle for Approval by the American Bar Association, 4 212 (2012).