Not all divorces are the same. While some couples are able to resolve disputes amicably, others find themselves trapped in ongoing battles filled with anger, mistrust, and endless court appearances. These cases are often referred to as “high-conflict.” If you believe that your situation falls under the category of a high-conflict divorce, it is imperative that you are adequately prepared and represented to protect yourself and make informed decisions. Continue reading and reach out to an experienced Union County divorce attorney for skilled legal counsel today.
What is Considered a High-Conflict Divorce?
A high-conflict divorce is one in which the level of hostility, communication breakdown, or legal disputes far exceeds a typical divorce. These cases often involve repeated court filings, disputes over custody or finances, and ongoing personal attacks between spouses.
Unlike a contested divorce, which simply means that the spouses disagree, high-conflict divorces are characterized by chronic conflict and an inability to compromise. One or both spouses may exhibit controlling, manipulative, aggressive, or toxic behavior. There may also be allegations of emotional abuse, financial control, or harassment.
Communication between the spouses generally occurs only through lawyers or court orders, as there is such a breakdown that effective conversations are nearly impossible.
How Can a High-Conflict Divorce Impact My Case?
A high-conflict divorce can impact your case in a variety of ways. Consider the following.
- Extended timelines: High-conflict divorces often take months or years longer to finalize than those with spouses who can effectively communicate
- Higher legal costs: Additional motions, hearings, and disputes over minor issues can increase attorney fees and court costs
- Emotional toll: The ongoing tension can cause anxiety, depression, or parental burnout in both spouses
- Custody: Judges in New Jersey prioritize the best interest of the child, and if one parent’s behavior is toxic or harmful, it could affect custody decisions
Divorce is rarely a smooth or easy process, but the tension and hostility of a high-conflict divorce can significantly exacerbate the issues couples experience.
Can Mediation Work in a High-Conflict Case?
If you believe your divorce case is considered high-conflict, you are likely wondering about solutions to the issues you and your partner are having. Mediation is an alternative dispute resolution tactic often implemented in divorce cases. During this process, you and your spouse meet with a neutral third party who acts as the mediator, guiding you through the negotiation process and ensuring that both of your voices are heard and respected.
Mediation can reduce hostility and result in better cooperation, given that both parties are open to negotiation and are guided by trained professionals. Courts often encourage this step as it takes place in a less adversarial setting and encourages open communication.
It is important to note, however, that mediation may not be appropriate if there is domestic abuse, power imbalance, or manipulation between spouses. It is crucial that you consult with a skilled attorney during your high-conflict divorce to protect yourself and your legal rights.
