Insight

The Secret to Winning in Divorce

Many divorcing parties to put their energy into ways of thinking that may actually lead to a less-advantageous outcome than if a more constructive, problem-solving approach is adopted.

Alice Ahearn

Alice Ahearn

August 16, 2023 12:30 AM

Many people view divorce as similar to a chess game: an adversarial process from which emerges a winner and a loser. Thus, they go into their divorce with the mindset that they need to “win.”

However, professionals in the divorce field (mental health professionals, financial advisors, and most attorneys) view the “game” analogy as not helpful. This “all-or-nothing” or “black and white” framing causes many divorcing parties to put their energy into ways of thinking that may actually lead to a less-advantageous outcome than if a more constructive, problem-solving approach is adopted. And it can cause the divorcing parties to spend huge amounts of money (and time and energy) on an adversarial process such as litigation or positional negotiation.

But the “I need to win” mindset seems so appealing and so widespread. How can I adopt a different one?

Here are three suggestions:

1. Reframe.

You have control over how you frame the issues. For example, with regard to the care and custody of your children, if you focus on “I want . . .,” you are framing the issues in terms of your own agenda. However, if you simply reframe the issue as “Our children need . . . ,” you set the tone for your spouse to also adopt that mindset and for the two of you to carefully examine the specifics of your children’s emotional, social, educational and physical needs and to come up with solutions which optimally address those needs.

Similarly, when it comes to the financial issues, if you frame the issue as a zero-sum game, with someone winning by keeping the other party from getting what they want, you will likely end up with a divorce characterized by bitterness and anger, and with the stage set for pettiness and revenge-seeking later on. You may have won the battle but lost the war. However, if you frame the issue as having everyone (both of the parties as well as the children) walk away “okay” financially, then you will have built the base for long-term positive co-parenting and post-divorce amiability.

2. Analyze your feelings.

Virtually everyone starting the divorce process is flooded with feelings—anger, guilt, fear, insecurity, and shame, to name a few. You have the ability to put these feelings in their proper place and move through the process with the intention of feeling good about the outcome—by being generous, by putting your children ahead of your own emotional needs, and by taking reasonable positions.

3. Focus on the future.

Most professionals will tell you that the real “winners” in a divorce are the parties who are able to position themselves to move on with their lives after the divorce feeling good about the outcome and about themselves. Such people take a minimum of negative “baggage” with them to weigh them down in the next (and hopefully better) stage of their lives. If throughout your divorce process you can keep your eye steadily on the future, it will be easier to let go of the need to win, and more possible to seek creative solutions which address everyone’s needs.

Our compassionate Family Law attorneys in DC and Virginia are happy to help address your specific situation and strategize all options to put your mind at ease through life’s toughest challenges. Contact us today to set up a consultation.

Trending Articles

Presenting The Best Lawyers in Australia™ 2025


by Best Lawyers

Best Lawyers is proud to present The Best Lawyers in Australia for 2025, marking the 17th consecutive year of Best Lawyers awards in Australia.

Australia flag over outline of country

Legal Distinction on Display: 15th Edition of The Best Lawyers in France™


by Best Lawyers

The industry’s best lawyers and firms working in France are revealed in the newly released, comprehensive the 15th Edition of The Best Lawyers in France™.

French flag in front of country's outline

Announcing The Best Lawyers in New Zealand™ 2025 Awards


by Best Lawyers

Best Lawyers is announcing the 16th edition of The Best Lawyers in New Zealand for 2025, including individual Best Lawyers and "Lawyer of the Year" awards.

New Zealand flag over image of country outline

Announcing the 13th Edition of Best Lawyers Rankings in the United Kingdom


by Best Lawyers

Best Lawyers is proud to announce the newest edition of legal rankings in the United Kingdom, marking the 13th consecutive edition of awards in the country.

British flag in front of country's outline

Announcing The Best Lawyers in Japan™ 2025


by Best Lawyers

For a milestone 15th edition, Best Lawyers is proud to announce The Best Lawyers in Japan.

Japan flag over outline of country

The Best Lawyers in Singapore™ 2025 Edition


by Best Lawyers

For 2025, Best Lawyers presents the most esteemed awards for lawyers and law firms in Singapore.

Singapore flag over outline of country

Announcing the 16th Edition of the Best Lawyers in Germany Rankings


by Best Lawyers

Best Lawyers announces the 16th edition of The Best Lawyers in Germany™, featuring a unique set of rankings that highlights Germany's top legal talent.

German flag in front of country's outline

Celebrating Excellence in Law: 11th Edition of Best Lawyers in Italy™


by Best Lawyers

Best Lawyers announces the 11th edition of The Best Lawyers in Italy™, which features an elite list of awards showcasing Italy's current legal talent.

Italian flag in front of country's outline

Combating Nuclear Verdicts: Empirically Supported Strategies to Deflate the Effects of Anchoring Bias


by Sloan L. Abernathy

Sometimes a verdict can be the difference between amicability and nuclear level developments. But what is anchoring bias and how can strategy combat this?

Lawyer speaking in courtroom with crowd and judge in the foreground

Presenting the 2024 Best Lawyers Employment and Workers’ Compensation Legal Guide


by Best Lawyers

The 2024 Best Lawyers Employment and Workers' Compensation Legal Guide provides exclusive access to all Best Lawyers awards in related practice areas. Read below and explore the legal guide.

Illustration of several men and women in shades of orange and teal

Things to Do Before a Car Accident Happens to You


by Ellie Shaffer

In a car accident, certain things are beyond the point of no return, while some are well within an individual's control. Here's how to stay legally prepared.

Car dashcam recording street ahead

The Push and Pitfalls of New York’s Attempt to Expand Wrongful Death Recovery


by Elizabeth M. Midgley and V. Christopher Potenza

The New York State Legislature recently went about updating certain wrongful death provisions and how they can be carried out in the future. Here's the latest.

Red tape blocking off a section of street

Attacked From All Sides: What Is Happening in the World of Restrictive Covenants?


by Christine Bestor Townsend

One employment lawyer explains how companies can navigate challenges of federal and state governmental scrutiny on restrictive covenant agreements.

Illustration of two men pulling on string with blue door between them

Key Developments and Trends in U.S. Commercial Litigation


by Justin Smulison

Whether it's multibillion-dollar water cleanliness verdicts or college athletes vying for the right to compensation, the state of litigation remains strong.

Basketball sits in front of stacks of money

6 Ways a Lawyer Can Help You With Your Medical Malpractice Claim


by Adam Malone

If you believe you have a medical malpractice claim, contact an experienced medical malpractice lawyer. Read on to learn how they can help with your claim.

Doctor in white lab coat showing x-ray to patient in blue scrubs

The Critical Role of Content in Law Firm SEO Strategy


by Nancy Lippincott

From building trust to staying competitive with thought leadership, explore how SEO content creation establishes authority in a largely digital landscape.

Animated internet servers, charts and laptop connected to SEO label