Adversarial Divorce

An adversarial divorce can be defined as any divorce proceeding where both parties are unwilling or unable to come to terms and agree to the conditions of a divorce. An adversarial divorce, which may often be referred to as a contested divorce proceeding, will take the form of a divorce case where one or more points of contention simply are not resolvable between two parties, such as child support agreements, alimony arrangements, child custody schedules, the grounds for the divorce itself potentially, and other considerations both financial and otherwise. In many cases, mediation between legal professionals seek to resolve these disputes, however, contested divorces may prove impossible to resolve without having a family law judge intervene and issue a judgment.

Fast Facts

  • Contested divorces, or adversarial divorces, cannot contest the desire of one spouse to dissolve the marriage, but it is a means of contesting the terms of the divorce agreement.
  • Contested divorces may also avoid legal proceedings in the courts in large part through entering into mutually agreed upon arbitration.

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