Adversarial vs. Non-Adversarial Divorce
Every divorce looks different, depending on the situation of those involved. For instance, there are fault divorces and no-fault divorces, mediated divorces and arbitrated divorces, contested divorces and uncontested divorces, and the list goes on and on.
To learn about all the major types of divorces, including their pros and cons, check out our comprehensive guide to Types of Divorce.
On this page, we will discuss collaborative divorce, one of divorce lawyer Dave Sarnacki’s specialties. To understand collaborative divorce, it is important to first differentiate two major types of divorce — adversarial and non-adversarial divorce. As its name suggests, an adversarial divorce is a divorce in which you and your spouse are adversarie, meaning you’re in opposition to each other. Most often, adversarial divorces play out in a court setting. They tend to be lengthy, hostile, and expensive, inevitably resulting in a win-lost solution. A non-adversarial divorce, on the other hand, is a divorce in which both parties work together collaboratively to reach a mutually beneficial, “win-win” outcome.
Non-adversarial divorces are a great option for couples with children, as they avoid the emotional trauma involved with litigation and a contentious custody battle. The most popular and effective type of non-adversarial divorce is collaborative divorce.