Divorce is a deeply emotionally intense experience – even when it is relatively amicable. When there is both legal and interpersonal conflict involved, it becomes even more so. These cases can often become high-conflict divorces. What is a high conflict divorce? High-conflict divorces are regarded as ones in which both parties are unwilling to reach an agreement. This often results in heated, protracted conflicts over custody, child support, property division, and financial support.
High Conflict Divorce Definition: Understanding Disputes in Divorce
In California, a high-conflict divorce is characterized by frequent disagreements and a lack of willingness by both parties to reach any kind of arrangement. High-conflict divorces are marked by continuous wrestling for control. These divorces often involve custody battles or disputes about the division of assets. There is usually frequent ongoing legal engagement as the respective lawyers try to hammer out a settlement that will appease their clients. When one or both partners refuse to be reasonable or negotiate, the disagreement might intensify rapidly, and it could be hard to come to any settlement without legal help.
Common Reasons for High-Conflict Divorce
There are several reasons why a divorce could become contentious to the point of being considered high conflict. They include:
Financial disagreements: The partners may both feel that they have a right to more of the marital assets. If they were married without a marriage contract that clearly specifies how assets are to be divided, there could be an ongoing battle over who should get what. It can take a lot of time and negotiation for such divorces to reach a settlement.
Custody battles: One of the biggest causes of high-conflict divorce is disagreement over how children are to be cared for, where they are to live, and how custody and visitation settlements are to be finalized.
The Role of an Attorney in Divorce Conflict
Legal procedures tend to get very complex in high-conflict divorces. Having a skilled lawyer with you is essential for handling the legal problems that come up during an argumentative separation. At Westover Law, our priority is offering tailor-made, confident representation to safeguard your rights throughout the divorce process.
In high-conflict divorces, an attorney’s role includes:
Mediation and negotiation: A lawyer can assist in mediating disagreements about property, custody, and support. They aim to resolve the case before it reaches a court trial.
Representation in court: If your partner does not agree to compromise, your lawyer will stand for you. They will gather evidence and build a case on your behalf before presenting that case in court.
Taking care of your interests: During high-tension divorces, one partner might try to conceal possessions or make untrue claims. Your lawyer will assist in preserving your monetary and parental privileges during the proceedings.
Representation in legal battles: When financial battles and custody arguments do become highly contentious, it is best to have a legal expert on your side to help you fight them out. Instead of the two partners arguing fruitlessly with one another, their respective legal representatives can battle it out, armed with their legal expertise. It helps to make the process less personal and emotionally charged, as the primary discussions are left to the lawyers.
At Westover Law, a Certified Family Law Specialist will provide you with individual focus and be dedicated to accomplishing your case. We do not adopt a standard methodology. Instead, we collaborate closely with you to understand and manage your distinctive circumstances and form an approach carefully designed to reach the best possible outcome.
If you are facing the difficulties of a high-conflict divorce, you need experienced legal support. At Westover Law, we have expertise in dealing with high-conflict divorces and give powerful representation to secure your rights and lead you through all steps of the legal process. Please reach out to us today to arrange your free consultation with the lawyers at our office in Murrieta, California. Let us assist in guiding you during this challenging period. Call 951-894-8440 or complete our online contact form for more information.