Divorce is rarely easy. It requires a level of teamwork from two parties who may not be inclined to work together. In some cases, however, a relationship has broken down so badly that the parties struggle to work together in any capacity, no matter how small the task. When conflicts between the parties escalate, a divorce can become a high-conflict divorce.
High-conflict divorces, marked by persistent disagreements and intense emotional distress, require special handling to ensure a fair and manageable resolution. For those navigating such turbulent waters in Chicago, the following are some practical strategies to help manage high-conflict divorces effectively. When your divorce feels unmanageable due to unending conflict, a skilled and experienced family law attorney in Chicago can be your greatest resource.
Understanding High-Conflict Divorce
High-conflict divorces are characterized by continuous disputes and heightened emotional turmoil, which can significantly impact all parties involved, especially children. These divorces are often defined by:
- Persistent Disagreements: Frequent arguments and an inability to reach agreements on key issues, such as parental responsibilities or financial settlements.
- Emotional Distress: High levels of anger, resentment, or anxiety can exacerbate conflicts and make resolution more difficult.
- Impact on Children: The strain of high-conflict situations can affect children’s emotional well-being and their relationships with both parents.
High-conflict divorces can feel intense and overwhelming. They can feel hopeless, as though achieving a resolution is nearly impossible. A skilled family law attorney in Chicago is a valuable resource in these situations because they can help clients navigate seemingly unending conflict to find common ground.
Common Areas of Contention in High-Conflict Divorces
There are many potential areas of disagreement in any divorce. Some common areas of contention in high-conflict divorces include the following:
- Division of Property: Illinois follows equitable distribution principles, meaning property is divided fairly but not necessarily equally. High-conflict divorces can lead to prolonged disputes over asset division.
- Marital Home: The marital home is often the most valuable asset a couple owns, and in high-conflict situations, both parties may want to retain ownership and possession of this valuable resource with high sentimental value. This can lead to extensive litigation.
- Spousal Maintenance/Support: Formerly known as alimony, spousal support may be contested in high-conflict divorces, affecting the financial outcomes for both parties.
- Division of Debt: Debt that accrued during the marriage in the responsibility of both parties, but parties to a high-conflict divorce may seek to avoid debt they view as ‘belonging’ to their exes.
- Parenting Time: Unfortunately, issues involving shared children also become highly contentious in some divorce proceedings. The law in Illinois provides that both parents are assumed fit and proper to have parenting time with their children, so long as they do not pose a threat to their health and safety. Some parties may seek to prevent their exes from having any parenting time at all with the children, and this can lead to protracted litigation.
Effective Strategies for Managing High-Conflict Divorces
Navigating a high-conflict divorce is not easy. It requires skilled attorneys on both sides to mitigate expense and unnecessary litigation. The following are some strategies that can be used to mitigate high-conflict situations:
- Alternate Dispute Resolution: In other words, mediation might help. Sometime, parties to a high-conflict divorce can come to an agreement once they sit down at a table together and have a conversation facilitated by a neutral third party. This method is almost always more cost-effective than going to trial, and that can be an effective motivator for some parties who are otherwise reluctant to negotiate with their exes.
- Negotiation: Some parties to high-conflict divorces need space from the other party for physical or mental health reasons. In these situations, the parties’ lawyers can negotiate a Marital Settlement Agreement that will require little to no interaction between the parties themselves.
- Managing Communication: Some parties to high-conflict divorces are also co-parents, and as such, they cannot eliminate each other from their daily lives. Apps designed for maintaining multi-household families can be of use in these situations. Talking Parents and OurFamilyWizard are frequently recommended by attorneys and the courts because they track and record all communication between parties, holding everyone to their best behavior. These apps also have options for managing shared calendars and submitting payment requests to co-parents for child-related expenses.
- Mental Health Care Providers: A divorce is an intensely stressful and emotional time. Every person who goes through a divorce can benefit from talking about their experience with a mental health professional. For those in high-conflict situations, the mental and emotional stress can be even more acute. Mental health therapy can help a person be less reactive in the moment, which can help turn down the temperature of a high-conflict divorce.
A Skilled Divorce Attorney in Chicago Can Guide You Through a High-Conflict Divorce
Navigating a high-conflict divorce requires a strategic approach and a seasoned legal advocate in your corner. By understanding the unique challenges of high-conflict cases, you can work toward a resolution that minimizes emotional and financial strain. The experienced and compassionate family lawyers at O. Long Law, LLC, are here to help. Reach out today to schedule your initial consultation.
