Adversary

In divorce and family law, an adversary may be defined as the other spouse involved in a divorce dispute. The adversary, or soon to be ex-spouse, will take the stance of contesting the other spouses divorce claims in one fashion or another. Contrary to tabloid media inferences, less than two and a half percent of all divorce cases actually go to trial, and the remaining nearly ninety-eight percent are resolved through mediation of some form. If going to trial, a divorce case will require a judge to determine the veracity of each adversary's claims and make a ruling to rectify grievances. This is akin to every other criminal and civil law case, however, divorce cases involve one significantly more important factor in decisions, which is the "best interest of a child" decision making process.

Fast Facts

  • An adversary in a divorce case is legally defined as one's spouse.
  • The adversarial court process is the foundation of the common law legal system, and for divorce and family law cases, a modified version of this system is utilized per state laws.

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