The Adversarial Approach

As your attorney:

I will answer your questions.

I will explain to you the Three Approaches. The Adversarial Approach is discussed in detail on this page.

If you have children, I will work to make sure their best interests are protected.

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The Adversarial Approach is best suited for resolving deep-seated disagreement, where there may be little trust between spouses, complaints of parental incompetence, or allegations that a party is hiding assets or income.

The Adversarial Approach

As your Settlement Adversarial Divorce Attorney, my goal is to achieve a positive resolution between you and your spouse on any issues preventing settlement.

First, I work to determine the important facts needed to resolve these issues, for example the value of your house or the actuarial value of a pension.

Next, I work toward reaching agreement with your spouse and your spouse's attorney.

If there are areas upon which we cannot agree, called a deadlock, I will attempt to work with your spouse's attorney to develop a way to have the deadlock resolved without a trial in court. Some of the ways to do this include using: Divorce Arbitration or Divorce Mediation . Others include: getting the judge's input, or asking the judge to appoint a conciliator.

Only after all reasonable efforts at settlement have failed will I recommend arbitration , and if your spouse will not agree to arbitration, then trial in court.

Point to Consider

If you and your spouse have been successfully separated for six or more months and agree on all important issues, ask your attorney to give you a list of at least ten experienced divorce attorneys. Then, give the list to your spouse and ask your spouse to consider retaining one of the attorneys. Why? Because, two experienced attorneys, who respect each other, may often achieve a fair divorce resolution more quickly in the Adversarial Divorce Approach than in any other Approach.