3 ways an adversarial divorce may hurt everyone involved

Divorce is not uncommon in the modern age. According to the American Psychological Association, approximately 40% to 50% of U.S. marriages end up legally broken. There exists the potential for financial and emotional strain and exhaustion during the process.

If you are currently undergoing the dissolving of your union, a collaborative separation is most beneficial for all parties involved. An adversarial one may result in a great deal of grief and less than satisfactory terms for both you and your soon-to-be-ex-spouse among other downsides.

1. It costs more time and money

There are more fees associated with the affair when there is litigation involved because of court expenses. There is also more time investment since you must adhere to deadlines and hearing dates set by the judge, which correlates to more funds that must go towards legal counsel. You also generally have to retain and pay your own consultants separate from your former partner’s, whereas in a collaborative divorce you might split the costs for shared ones.

2. It is less private

Unlike collaborative proceedings, which are confidential, contested ones lack privacy since you must file them with the court. This means they become an accessible public record.

3. It promotes a more conflict-heavy atmosphere

Adversarial divorces do not naturally encourage a spirit of cooperation. Instead, there is an air of opposition and argument, making them often rather unproductive. A non-adversarial one is more likely to motivate you and your previous mate to make a serious effort at resolution and stick to it since it is voluntary.

Florida is one state that allows collaborative divorce. This option grants individuals the opportunity to achieve the most peaceful and acceptable agreement for both sides.


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