Marquee Background
Marquee Background

Offit Kurman Blogs

Family Law

Divorce: It’s Not About Winning or Losing - It’s About How You Play The Game

October 10, 2023

By Cheryl L. Hepfer

Originally posted 3/4/2020, no content changes.

Legendary football coach Vince Lombardi once said, “Winning isn’t everything...it’s the only thing.”Well when it pertained to his beloved Green Bay Packers, this hall-of-famer might’ve been right. However, when it comes to divorce, what’s more important is “how you play the game.” Getting what you want out of a divorce comes down to not trying to pulverize your opponent (ex-spouse) on every play or argue with the referees (judge/mediator) on every call. It’s about playing smart and managing expectations. Here are some “coaching tips” that should prove helpful.

Never expect a complete victory. Divorce law is set up to prevent a final score where there’s a winner and a loser. But yet that’s often easier said than done. That’s because you still feel entitled to everything, considering what your spouse has put you through. You’re 100% certain nobody could ever be so cruel, as much of a deadbeat, as unloving as a potted plant... Well, I can pretty much guarantee you, your judge has heard it all before in hundreds, if not thousands, of other cases. So don’t take it personally when the judge doesn’t admonish your spouse in front of you, or share in your heartache. That’s not their role. You need to realize that divorce cases are first and foremost, fact-intensive. They’re about conflict resolution not about your personal revenge. The court’s there to get you and your spouse separated, your assets allocated, debts squared away and your future support put in place. Most likely your court will go for a 50/50 split as often as possible with both you and your spouse left on equal footing at the end. And if you have children, the court will determine how custody is going to work...in your kids’ best interest and not yours.

And while emotional support is crucial for you throughout the process, as Dionne Warwick sang so beautifully, “That’s what friends are for.”

Then there’s the notion that you know what you should be awarded because you know of a case where a friend of a friend got everything he or she desired. Well, all cases are different, all lawyers and judges are different in how they present and interpret the law and each partner brings their own backstory to the proceedings.  So while on the surface your case may look similar, appearances can be very deceiving.
Also never expect a quick and easy resolution. Vince Lombardi knew a football game was won in the trenches, and usually in the fourth quarter. Very few divorces are cut and dry. There’s usually a lot of material for your attorney to get through and plenty of details you couldn’t have anticipated. Perhaps you and your spouse did “talk things out” but once a settlement proposal is drawn up, these issues look very different when they’re in black and white and in a legal document. And know that while you may have a “due date” when you want your divorce to be final, you’ll need to be flexible. Nearly every jurisdiction in the U.S. has a different waiting period, from thirty days to six months and beyond if children are involved. Divorce isn’t about control as much as it is about compromise.

So while starting divorce proceedings can feel like you’re suddenly on an unfamiliar and scary playing field, speaking to a family attorney, like Sandy and Cheryl, will make it feel like your end zone is in sight and not twenty miles away in the distance.

Categories: Family Law

Related People

Related Services

  • Posts
  • About
  • Subscribe

Firm Highlights

  • Blog Posts
    Prenups: The Marriage Contract You Need to Talk About Before Saying “I Do”
    What if talking about a prenup isn't about planning for divorce, but about having honest conversations before you get married? In this episode of Love Ends, Law Begins, hosts Fara Rodriguez and Stephanie Lehman take a closer look at one of the most misunderstood legal documents in marriage: the prenuptial agreement. They discuss why prenups are becoming more common, what couples should consider when creating one, and some of the unusual clauses people have tried to include. From infidelity and social media clauses to financial arrangements and “walk away” agreements, the conversation explores how prenups can be tailored to a couple's individual circumstances. Fara and Stephanie also discuss the importance of thinking beyond the present and considering how marriage, children, careers, finances, and even moving to another state could affect a prenup in the future. They explain why couples need to understand what they're agreeing to, especially when one spouse may eventually become a stay at home parent or sacrifice their own earning potential. Whether you're engaged, considering a prenup, or simply curious about how these agreements work, this conversation offers a practical look at the financial and legal conversations couples should have before walking down the aisle. In this episode, you'll hear about: • Why couples choose to create prenuptial agreements • What a “walk away” agreement means • How marriage can change the way couples approach finances • What happens when one spouse becomes a stay at home parent • Lifestyle, infidelity, and social media clauses • Why child custody and child support can't be predetermined in a prenup • The importance of financial transparency before marriage • How future careers, children, and relocation can impact a prenup • Why state laws matter when couples move after signing an agreement • How a prenup can serve as a roadmap for dividing assets if a marriage ends
  • Events
    AIA Tri-State Conference
    Princeton will serve as the backdrop for three days of connection, learning, and design leadership. From keynotes to tours to the Tri-State Design Awards, this year’s conference is designed to go far beyond education sessions. Kick off the week with pre-conference intensives and individual state component Design Award celebrations, followed by three days of education, inspiration, networking, and design excellence at the 2026 AIA Tri-State Conference—featuring pre-conference intensives, three keynote speakers, 25 education sessions, curated tours, an expo, spec academies, and the AIA Tri-State Design Awards—bringing together architects and design professionals from New Jersey, New York, and Pennsylvania to connect, learn, and celebrate the best of the profession. G2. Designing Secure Practices: Cybersecurity, Data Privacy, Contractual Provisions, and Insurance Risks for Architects (4:00 PM - 5:30 PM) Architects and design professionals increasingly rely on cloud platforms, BIM software, and digital tools to manage sensitive data, creating cybersecurity and privacy risks. A single incident can trigger liability claims, regulatory obligations, reputational harm, and insurance challenges. Yet many firms underestimate how contracts, insurance, and internal practices intersect during a breach. This program offers legal and insurance perspectives on cyber risk in architecture, examining liability exposure, risky contract provisions, and mitigation strategies. A cyber insurance expert will explain policy responses, coverage gaps, coordination with professional liability, and best practices for aligning insurance with contractual risk and protecting firms from evolving cyber threats. Learning Objectives: Identify key cybersecurity and data privacy risks faced by architecture firms and explain how these risks can impact professional liability and project outcomes. Analyze common contractual provisions to determine which clauses may increase exposure to cyber incidents and propose strategies to mitigate these risks. Evaluate the scope and limitations of cyber insurance policies, including coordination with professional liability coverage, to determine how a policy would respond in a breach scenario. Develop actionable risk management strategies by integrating legal, contractual, and insurance considerations to protect sensitive client and project data.