Contrary to what people think, contentious, litigated divorces are not the standard anymore. Quite a few divorcing spouses engage in extensive efforts to reduce conflict and proceed with an amicable uncontested divorce if possible. Spouses attend mediation, agree to collaborative negotiation and make major compromises to try to divorce quickly and privately.
Other times, spouses cannot find any middle ground. Intense emotions ranging from betrayal and heartbreak to resentment may cause fighting over matters including financial support, parenting arrangements and property division. Certain scenarios are far more likely than others to result in contentious divorces instead of an uncontested filing involving mutual consent.
Extramarital affairs
Few forms of betrayal are more heartbreaking than the discovery of the infidelity of a spouse. After promising faithfulness and a lifelong commitment, some people break their marital vows by pursuing other relationships or one-night stands. Technically, adultery is a crime in Georgia. Unfortunately, the state does not actively enforce that statute. Those reeling after the discovery of an extramarital affair could have a hard time making concessions and compromises during a divorce because of their intense emotion.
Abusive dynamics
It is common for those who experience marital abuse to tolerate misconduct for years before they try to leave. When they do, the abusive spouse may try to use the legal process as a weapon. It is quite common for divorces involving domestic violence or other forms of spousal abuse, including financial abuse, to become very contentious matters. Abusive spouses rarely want to take responsibility for their actions, and those who have tolerated abuse may insist on receiving justice from the courts.
High-asset divorces
Spouses who have enjoyed greater financial success during a marriage have more reason to fight with each other when they divorce. Spouses may disagree about what property is worth or what they have to share with each other. The spouse who earns more or owns more may resent the idea that they have to provide support for the other spouse. High-asset divorces may see financial misconduct that complicates the situation. The dissipation of marital assets and the attempt to hide marital property are both forms of financial misconduct that occur with some regularity in high-asset divorces.
Divorces involving parents of young children
Anytime people with children divorce, the risk of intense emotional reactions is a concern. After all, parents often care more about their relationship with their children and their property or financial circumstances. Disagreements about child custody arrangements can lead to bitter fighting and repeated returns to family court to litigate even seemingly small parenting decisions.
Those facing a potentially acrimonious divorce because of complicating factors may need to prepare more carefully for negotiations or family court than most people. Recognizing when there are risk factors for a more contentious divorce could benefit people preparing for the end of a marriage.
