Family Law 2026

Last Updated February 26, 2026

USA – California

Trends and Developments


Author



Blank Rome LLP is an Am Law 100 firm with 17 offices and over 750 attorneys and principals who provide comprehensive legal and advocacy services to clients operating in the United States and around the world. The firm's professionals have built a reputation for their leading knowledge and experience across a spectrum of industries, and are recognised for their commitment to pro bono work in their communities. Since its inception in 1946, Blank Rome’s culture has been dedicated to providing top-level service to all clients.

Emotional Wars in Divorce: The Conflict Most People Never See Coming

When people think about divorce, they usually think about lawyers, courtrooms, and negotiations over money and complex custody arrangements with the children. They expect the hard part to be the legal process itself. What many people do not expect is that the most damaging part of divorce often has nothing to do with the law at all.

For many, the real damage happens quietly, outside the courtroom, in moments that never appear in a legal filing. These moments show up in conversations, emails, text messages, and everyday interactions. Because they feel personal rather than strategic, they are easy to dismiss at first.

What begins as sadness or anger can slowly turn into something far more destructive. Over time, some divorces turn into emotional battlegrounds where one or both people are trying to regain control by hurting the other. These battles are what I describe in my book, Divorce: It’s All About Control. How to Win the Emotional, Psychological, and Legal Wars, as emotional wars, and they often continue long after the legal case is finished.

In my forty-plus years of practicing family law and representing high-net-worth and high-profile clients, I have seen firsthand the many sides of these emotional wars and the deep toll they can take on everyone involved.

What are emotional wards?

Emotional wars are not about losing your temper once or saying something you regret. They are patterns. They involve repeated, intentional emotional attacks meant to provoke, humiliate, or destabilise the other person.

What makes these wars especially painful is that the people involved once trusted each other deeply. Former spouses know exactly where the emotional soft spots are because they once shared them. During a divorce, that knowledge is often turned into a weapon. Spouses typically know exactly where to stick the proverbial knife and then twist it to do the greatest emotional harm.

One of the most important things to understand is that no one is required to participate in an emotional war. Unlike the Roman Coliseum, Family Court does not require or encourage gladiatorial combat. In fact, the courts discourage it. Judges hate seeing the emotional mudslinging. Legal analysis, arguments, persuasive advocacy - you bet; emotional bombing - not ok.

Ironically, that kind of response is usually what keeps the war going.

Why the first shots are typically fired

At the centre of most emotional wars is a loss of control. Divorce disrupts identity, routine, and the future people thought they were building. Suddenly, life feels unfamiliar and unstable.

For some, emotional attacks become a way to feel powerful again. Hurting the other person can feel like proof that control still exists somewhere. Even a small emotional victory can provide temporary relief. From my experience, that feeling of victory is almost always fleeting and never truly satisfying in the long run.

These wars are also fuelled by unfinished emotional business. Legal papers may say the marriage is over, but emotions do not end on a deadline. Hurt, resentment, and attachment often linger, creating a situation where emotional conflict feels unavoidable. These unresolved feelings are often the impetus for taking those first shots in the emotional wars.

Emotional wars hit home

Unfortunately, in wars of any kind, there can be collateral damage. In the case of divorce, the children are often the ones to suffer the most. And what is worse, sometimes they become unwitting weapons in the emotional battle between their parents.

Take, for example, a father who notices his teenage daughter is wearing a gold bracelet he once gave to her mother as an anniversary gift. The mother has told the daughter that this very expensive bracelet is simply costume jewellery and that she no longer wants it, knowing full well that this insult will be unwittingly conveyed to the father by the daughter.

The emotional blow lands on the father, but he cannot respond without dragging his child further into the conflict. That is what makes this tactic so damaging. The attack is indirect, and the child becomes the messenger.

Over time, moments like this quietly corrode family relationships. The targeted parent feels hurt but silenced, and the child absorbs emotional tension they never asked to carry.

Extreme Manipulation

Another example involves a spouse threatening suicide or self-harm if the divorce continues. This is emotional warfare at its most severe. The goal is not discussion or resolution, but emotional paralysis. The person receiving the threat is forced into an impossible position. Fear replaces reason, and the focus shifts from moving forward to preventing a crisis. Even if the threat is never acted on, the emotional damage lingers.

Anxiety, guilt, and fear often shape every interaction that follows.

Passive aggressive acts disguised as communications

In another scenario, a spouse deliberately sends an email message to an ex-partner’s work account, knowing it will be viewed at the office. The message masquerades as a reasonable request to swap visitation days with the kids, but the excuse given is that the spouse needs time to shop for an engagement ring for his new fiancée, knowing this will be a hurtful reveal of this emotionally explosive engagement news. The intent is not communication. It is meant to blindside the ex.

Choosing to deliver this message in an office setting causes the emotional impact to be multiplied. What should be a safe space becomes another battlefield. For many people, the humiliation is as painful as the message itself.

The roles people play – wittingly or unwittingly – in the wars

In emotional wars, people tend to fall into predictable roles, often without realising it. Some attack, some defend, and a few refuse to engage at all, instead trying to be neutral like Switzerland. Understanding these roles matters because the part you play often determines whether the conflict escalates or finally comes to an end.

Let us break down the roles.

The attacker

One role is that of the attacker. The attacker initiates emotional strikes. Sometimes the attacks are carefully planned. Other times, they happen impulsively. Either way, the goal is to hurt the other person.

Attackers are often driven by rejection or resentment. While attacking can feel satisfying in the moment, it usually deepens emotional attachment to the conflict. Over time, attacking can become a habit that is hard to break. In some ways, it is like chasing after an adrenaline rush that fades quicker and quicker.

The defender

The defender is defined as a person who responds to the attacker. They often believe they have no choice. They feel completely justified because they were attacked first.

The problem is that defending rarely ends the war. Instead, it escalates it. Over time, defenders often become attackers themselves, even if that was never their intention. The tit-for-tat nature of the conflicts between attacker and defender eventually blurs, leaving everyone in attack mode.

The neutral

Whether by conscious choice to avoid the attack or simple refusal to take the bait, the neutral does not engage. This person decides to stop participating in the emotional fight altogether. This does not mean they agree with the attacks or pretend the hurt does not exist. It means they recognise that engaging emotionally only keeps the war alive.

Neutrals understand that every reaction, no matter how justified it feels, feeds the conflict. They choose restraint not because it is easy, but because it is effective.

Remaining neutral requires discipline, especially when provocations are personal or cruel. Silence, distance, and clear boundaries become their strongest tools. Over time, the attacker often grows frustrated when their tactics no longer produce a reaction. Without engagement, emotional attacks lose their power and momentum. In the end, neutrality is not weakness; it is a deliberate choice to reclaim control and protect one’s own emotional well-being.

Why emotional wars escalate

Emotional wars rarely stay at the same intensity. What worked yesterday stops working today, so the attacks become sharper, more personal, or more public. As the emotional impact wears off, each person feels pressure to raise the stakes to feel heard or regain a sense of control.

Roles shift easily. A defender who once responded reluctantly may begin attacking out of frustration, exhaustion, or a desire to stop feeling powerless. Over time, the defender may justify new attacks as self-protection, even when they look very much like retaliation.

Soon, it becomes hard to remember who started what. At that point, the war takes on a life of its own. Each exchange justifies the next, emotions override judgment, and walking away can feel harder than continuing, even when everyone involved knows the conflict is doing real damage. This is especially true when children are involved, whether directly or indirectly, which makes these wars even more harmful. The long-term emotional impact on the children is nearly incalculable.

There are no winners in these wars

Emotional wars always come with losses. People feel guilt, anger, exhaustion, and a gradual erosion of self-respect. Even when someone believes they have “won” a particular exchange, that sense of victory is usually short-lived.

The satisfaction fades quickly, replaced by renewed conflict and deeper resentment. What felt powerful in the moment often feels embarrassing or regrettable later, especially when emotions cool. Many people find themselves replaying what they said or did, wishing they had handled the situation differently.

Over time, the conflict itself becomes the problem. It begins to dominate thoughts, conversations, and emotional energy. Peace and healing are pushed aside as the war demands constant attention.

Relationships outside the divorce often suffer as well. Friends grow tired of hearing about the conflict, and children sense the tension even when it is not spoken out loud. The emotional toll spreads far beyond the two people who started the war.

In the end, emotional wars do not deliver closure or relief. They leave people stuck, drained, and further from the life they hoped to rebuild.

Emotional conflict and legal consequences

Although emotional wars happen outside the courtroom, they often spill directly into legal strategy. Emotional reactions derail negotiations, prolong cases, and drive-up costs that could have been avoided. What begins as a personal conflict quickly turns into a procedural one.

When emotions take over, people make decisions they later regret. They reject reasonable solutions simply because they feel like concessions. In some cases, they escalate disputes not because it helps their position, but because it feels emotionally satisfying in the moment.

These reactions often weaken credibility and reduce flexibility in negotiations. Attorneys are forced to manage emotions rather than strategy, which slows progress and increases frustration on all sides. Clients who maintain emotional restraint tend to make better legal decisions because they can separate short-term emotional reactions from long-term outcomes. Dealing with the effects of emotional wars is often the hardest part of my work as a family law attorney.

Reacting, responding, and the trap of habit

When attacks occur, how and whether the spouse takes the bait makes a big difference. Reacting to an attack is typically immediate and emotional. While responding to an attack is generally measured and intentional. The distinction here matters more than most people realise. Reactions tell the other person that their attack landed, while responses signal control and self-command. Emotional attackers rely on reactions to keep the war alive.

Choosing to respond rather than react is often the turning point, because it interrupts the pattern the conflict depends on. Over time, emotional wars can become familiar, even when they are clearly damaging. The conflict starts to provide focus and structure, filling emotional space that might otherwise feel empty or uncertain. This is the trap of habit.

It is also why disengaging can feel uncomfortable at first. Letting go means giving up a routine that has become strangely normal. Many people do not realise how much energy the war has consumed until they finally step away and feel the relief that follows.

Stepping off the battlefield

While it may be harder to stay neutral than attack or defend, it is, in the end, the best and most emotionally healthy course. Neutrality is not about forgiveness or approval. It is about self-preservation and taking back control of one’s emotional life. Choosing neutrality means deciding that peace is more valuable than proving a point or winning an argument.

By refusing to engage, neutrals remove the fuel that keeps emotional wars alive. Silence and boundaries become acts of strength rather than avoidance. This can feel counterintuitive at first, especially for those who have been trained to defend themselves at all costs.

Without participation, the war eventually collapses. Attacks lose their power when they no longer provoke a response. Over time, neutrality creates space for healing, clarity, and the ability to move forward without being pulled back into old patterns. There can be no war if there is only one participant.

Some key points to keep in mind

  • Emotional attacks escalate.
  • Retaliation keeps the war alive.
  • Silence can be powerful.
  • Emotional restraint protects the future.
  • Living well is often the strongest response.

Redefining what it means to win

Emotional wars thrive on the idea that winning means hurting the other person more. In reality, control comes from refusing to play and refusing to let someone else dictate your emotional state. True strength shows up not in the volume of a response, but in the ability to remain steady when provoked. Each person ultimately has control over only one thing – and that is themselves!

People who step away protect their dignity, their families, and their futures. They choose long-term peace over short-term satisfaction. Instead of reacting, they act with intention and clarity.

In divorce, the strongest move is often the quietest one. Walking away from emotional battles allows healing to begin. It also creates room for a life that is no longer shaped by conflict, resentment, or the need to prove anything at all.

Blank Rome LLP

One Logan Square
130 N 18th St
Philadelphia, PA 19103
USA

+1 215 569 5500

+1 215 569 5555

communications@blankrome.com Blankrome.com
Author Business Card

Trends and Developments

Author



Blank Rome LLP is an Am Law 100 firm with 17 offices and over 750 attorneys and principals who provide comprehensive legal and advocacy services to clients operating in the United States and around the world. The firm's professionals have built a reputation for their leading knowledge and experience across a spectrum of industries, and are recognised for their commitment to pro bono work in their communities. Since its inception in 1946, Blank Rome’s culture has been dedicated to providing top-level service to all clients.

Compare law and practice by selecting locations and topic(s)

{{searchBoxHeader}}

Select Topic(s)

loading ...
{{topic.title}}

Please select at least one chapter and one topic to use the compare functionality.