Divorce processes have evolved over the past few decades, reducing the social stigma and litigation that was once common. However, the type of dramatic and time consuming divorce that is viewed as stereotypical by its portrayal in the media is not unheard of. When a contested divorce progresses to the point at which the couple is negotiating solely through their attorneys, the situation has become adversarial. While couples are usually encouraged to work together to resolve their differences to speed up the overall divorce time frame, in some situations an adversarial divorce is a good choice.
Domestic Violence Has Occurred
Incidents of domestic violence often become the catalyst for a divorce after victims are no longer able to tolerate the abuse they or their children have been subjected to. After finding the courage to initiate a divorce and requesting a protective order, it is often a good idea to communicate with a spouse only through attorneys. Intimidation that is either physical or psychological can affect a person’s ability to negotiate directly with a former spouse. In divorces between couples that have a history of domestic violence, the adversarial route provides a victim with legal support and advocacy when it is needed the most.
Major Power Imbalance
A person who is married to a spouse who has greater financial resources may benefit from an adversarial divorce. It is not uncommon for the spouse who earns the most money or who benefitted from higher education to use that position of greater power to secure an advantageous divorce settlement that is extremely lopsided. Instead of accepting the first settlement offered by your spouse’s attorney, it is a good idea to consult an attorney of your own to make sure you are not being taken advantage of. After spending years supporting your spouse at the expense of your own career and higher education, fighting for an equitable divorce settlement makes sense.
Unsatisfied with Mediation
Negotiating with the help of a mediator is meant to help couples come to an agreement without time consuming and expensive litigation. Unfortunately, there are times when a day spent with a mediator produces no real results. In fact, after attending mediation you may feel less inclined to sacrifice your own desires for the sake of expediency. At the end of a session with a mediator, if you and your spouse are still no closer to settling, then fighting for your ideal settlement may be the only option left.
Talk to an Attorney
Getting a divorce settlement that preserves your safety and financial security requires the help of an aggressive divorce attorney. The attorney who represents you must be ready to listen to your requests, acknowledge your needs, and negotiate with your spouse’s attorney. The team at Vayman & Teitelbaum realize that your divorce is one of the most important legal battles of your life. We are ready to provide you with the representation you deserve so that your post-divorce future is secured. Contact one of our four Atlanta area locations today and schedule a consultation with one of our attorneys.