Call me today for a 15 minute consultation
David R. Hartwig, Esq.
Family Law & Divorce
Attorney & Counselor at Law
Veteran Military Discount

Strategy and Aggression in Divorce

On Behalf of | Feb 2, 2017 | Uncategorized

Notice that “strategy” in divorce is first; that is because simple aggression in a divorce matter, or in any family law matter is not good. If you really want to burn your spouse, or ex-spouse, because they cheated on you, or some other perceived wrong, then you will simply be wasting your time and money. In general, the courts are not going to punish anybody like that, and Utah law says that things like alimony cannot be used to punish or reward a party.

There are times to be aggressive in carrying out your over all plan. Times to clearly assert, with determination, your position and your goals as allowed under law. If, for instance, your spouse abuses the children or there is conflict, you need to stand strong and marshal all of your evidence to protect your children — that type of problem does not really allow for compromise, not if you truly care for your children.

But first, there needs to be the plan, the strategy. You and your attorney need to sit down, determine what you want, what your liabilities may be, and what your rights are. You do have to know where you are going before you start this journey, and it is often best to plan a route, and potential alternate route. To do that, your attorney needs to educate to the risks and benefits of your position and goal.

With your plan and strategy determined, it is time to proceed. Depending on what the other side does, you may well have to become aggressive. The other side may play word games, delay matters, become exceedingly verbose, aggressive, or simply refuse to do anything. It is then that you should appropriately assert your position with simple clarity and force. You are not being nasty, you are simply moving the case forward to cut short whatever shenanigans the other side is throwing at you.

Sure, the other side will get upset and make all kinds of accusations about you. But if you are using your aggression appropriately it won’t really matter. Because you are diligently working toward your goal by clearly and concisely presenting your position to the court.

And, if the court gets its decision wrong, you will need the same kind of strategy and appropriate assertiveness to appeal that decision.

One final caveat: strategy and aggression may be appropriate in litigation, but aggression is not appropriate in settlement negotiations or mediation. Mediation in particular, is a procedure to work together for a mutually beneficial resolution of the issues.

I am David R. Hartwig, Esq., a Salt Lake City attorney with extensive experience helping parents resolve simple or high-conflict custody issues reaching arrangements that work for children and parents. Child custody involves parent-time and visitation schedules, and can affect support. I help in all of these areas, providing comprehensive service clients need to achieve their custody goals.

Factors In Child Custody Decisions

As an experienced Utah child custody lawyer, I understand that custody cases may become a contentious issue even years after an order is finalized. The trend in Utah toward joint custody often creates messy, unworkable situations, which ultimately lead to enforcement issues when parents do not abide by their custody orders.

The best interests of the child must be considered, including:

• Whether joint legal or physical custody will benefit the child’s physical, psychological and emotional needs, or the child’s development

• The parents’ ability to give first priority to the child’s welfare, and reach shared decisions in the child’s best interest

• Whether each parent is capable of encouraging and accepting a positive relationship between the child and the other parent

• Whether both parents participated in raising the child before the divorce

• The distance between the parents’ homes

• The parents’ maturity and their willingness and ability to protect the child from conflict that may arise between the parents

• The parents’ ability to cooperate with each other and make decisions jointly

• Any history of, or potential for, child abuse, spouse abuse, or kidnapping

• Any other factors the court finds relevant

Despite the complicated and sensitive nature of custody matters, I have helped many clients successfully establish custody orders.

Get Help With Your Child Custody Issue

If you have a child custody issue, please contact me, David R. Hartwig, Esq. I am an experienced Salt Lake City custody lawyer dedicated to helping clients resolve complex custody issues and implement necessary custody orders. For high-conflict cases, I am also one of the few Utah child custody modification attorneys trained as a Special Master for ongoing dispute resolution.

FindLaw Network

Practice Areas