Divorce Dex.com: Adversarial Divorce

Definition Adversarial Divorce - a divorce where each spouse is unable to come to any agreement.

Application in Divorce There are two types of divorces - adversarial and nonadversarial. An adversarial divorce (contested) is one in which the spouses cannot come to an agreement on issues such as, but not limited to, the division of property, division of debts, spousal support, child support, visitation, and custody.

In a nonadversarial divorce (uncontested divorce), the spouses are able to agree on all the issues and do not have the need to have a judge rule on how to divide property or establish orders regarding spousal support, child support or custody. In general, divorces that are nonadversarial cost less, are less emotional, and move through the court system faster.

Many spouses will start the divorce process in an adversarial position and then, before the actual trial or hearing date, arrive at an agreement on the disputed issues. The substantial advantage of a divorce settlement is that there are no surprises because both have agreed to it and can live with it. Both spouses avoid the trench warfare of litigation.

Settlements are in writing and a legally binding agreement signed by each spouse.

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Questions & Answers

Does the divorce process move faster with attorneys?

The logistics of one spouse meeting with his or her attorney, and then waiting for the other spouse to meet with his or her attorney to review appraisal and come back with any changes are overwhelming and time consuming at best. Compare this situation with both spouses sitting down together with a mediator, problem solving, negotiating and leaving a mediation session with something accomplished. In general, mediation is a faster, more efficient process than litigation.

Contributed on 10/18/2007 by: Centre for Mediation & Dispute ResoWellesley HIlls, MA[Total Submissions: 11]

Category: Divorce Procedure (Applicable in All States)

What are non-litigious ways to manage my divorce?

1. Kitchen table model: Negotiate without professionals, reach agreements using “cookbook forms” available in books and on the internet. A lawyer may go over the agreements, determine if anything further needs to be decided and aids in formalizing their agreements.
2. Mediation: Use a neutral, third party mediator (attorney, mental health professional (MHP) or trained mediator), expert in managing power to help facilitate an agreement and skills in conflict resolution. Two attorneys may act as mediators for the divorcing spouses.
3. Collaborative Divorce: Couples work as a team with MHPs, lawyers and financial advisors to resolve disputes respectfully, without going to court. It treats the process as a way to trouble shoot and problem solve rather than to fight and win. The goal is a win/win situation for all.

Contributed on 7/27/2008 by: Shendl TuchmanBerkeley, CA[Total Submissions: 1]

Category: Divorce Procedure (Applicable in All States)

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Helpful Tips & Facts

A Contested Divorce
A contested divorce usually ruins any chance of a civil relationship in the future. A contested divorce is the only form of litigation where the adversaries have once made love to each other during happier times.

Contributed on 4/4/2007 by: DivorceDex.com Staff
Category: Divorce Procedure (Applicable in All States)
Trying Divorce Mediation
If you and your spouse are heading down the path of an adversarial divorce it is often recommended and even required by many courts that you give mediation a try. A professional mediator often times has the ability to navigate you through the divorce negotiation process to reaching a final settlement.

Contributed on 4/4/2007 by: DivorceDex.com Staff
Category: Mediation (Applicable in All States)
Settling Out of Court
Most judges and lawyers prefer to settle out of court in an uncontested fashion. If you and your spouse can not reach an agreement on your own, typically your lawyers will help you reach one eventually.

Contributed on 4/4/2007 by: DivorceDex.com Staff
Category: Agreements (Applicable in All States)
Beware of sharing a divorce lawyer
In Michigan it is unethical for a lawyer to represent both parties. A divorce lawyer should always make it clear that he is working for one party and not both parties. The other party should be encouraged to seek his/her own legal counsel. This applies regardless of whether it is an uncontested divorce or not.

Contributed on 11/12/2007 by: Law Offices of Blake P. LipmanFarmington Hills, MI[Total Submissions: 4]
Category: Attorney-Client Relationship (Applicable in Michigan)

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Additional Resources

How Does a Collaborative Divorce Differ From an Adversarial Divorce?

A side-by-side comparison and factual breakdown of the two approaches to getting a divorce.

Comparison of Adversarial and Mediation Divorce Process

A side-by-side comparison and factual breakdown of the two approaches to getting a divorce.

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