What Are the Characteristics Of a High Conflict Divorce?

High-conflict divorces are emotionally based and usually occur between couples that repeatedly engage in behavior that causes dire conflict. Often, this conflict is related to the parties themselves and could be made worse by their lawyers, who may take a highly aggressive approach to the situation and heighten an already emotional environment.

This is one of the main reasons obtaining the right, experienced, and compassionate divorce lawyer for your situation is vital to success.

High-conflict couples may want to “win” at any cost and often file frivolous court actions to create chaos. They may intentionally cause delays, provide false information, fail to respond to negotiations, make accusations, and generally want to insult the other party to make things worse.

Often, because of the nature of these individuals, It is not unusual that domestic violence is also an aspect of high-conflict relationships and divorce. False accusations of domestic violence may also occur as an attempt to manipulate the court into thinking negatively about the other partner.

In a high-conflict divorce situation, the process must remain as objective and professional as possible; this is why mediation, with the help of a third party, is often the best legal path for these couples to take.

Your experienced and empathetic divorce lawyer may advise mediation to bring a more positive and rational demeanor to your situation and solve issues more productively.

What Is Mediation and How Can It Help My High Conflict Divorce?

Divorce mediation is a professional and highly collaborative process in which divorcing couples work with a neutral third-party mediator to resolve many issues, such as child custody, property division, spousal support, etc. Mediation focuses on communication and cooperation, not litigation, thus enabling both parties to reach mutually agreeable solutions outside the courtroom, even in high-conflict, uncooperative situations.

Whether your mediator is your lawyer or another third party, they never take sides or make decisions for you. Contrarily, they help to facilitate discussions, help clarify misunderstandings, and guide you toward a more fair, mutually beneficial, and acceptable agreement. So, you still have control over the outcome of the process, while mediation takes the decisions out of the judge’s domain.

However, selecting the right mediator is critical to the process. You must consider factors such as their experience with high-conflict divorces, overall qualifications, and approach to highly sensitive issues.

In deciding on a mediator, your divorce lawyer’s experienced, empathetic, and knowledgeable guidance will be invaluable.

What Are Some Benefits of Mediation in a High Conflict Divorce

High-conflict divorces are fraught with in-fighting and disagreement; mediation significantly helps to quell this environment and help both parties reach a needed agreement.

In a high-conflict divorce, the active mediation process is commonly used, and your lawyer and mediator will take you from start to finish. They will help you discuss common issues that you are facing and must decide on, such as division of property, child support, parenting visits, alimony, etc. Your mediator will diligently help you identify each other’s needs and help you consider and find solutions to these now vexing problems.

In high-conflict divorce scenarios, choosing mediation over litigation offers numerous benefits, such as:

  • More Cost-Effective – Litigation is costly and will increase as disputes drag on. Mediation is usually much more affordable, requires fewer hours of legal counsel, and avoids the costs of numerous court proceedings.
  • Quicker resolutions to issues – Litigation often takes months or even years. Conversely, mediation frequently results in much more rapid agreements, which allows you to move forward with your life sooner.
  • It’s more private – Most court proceedings are public records, but mediation is private. This confidentiality gives you peace of mind when discussing sensitive family matters.
  • Improves communication – Mediation encourages open, honest, and rational dialogue. This action reduces tension and fosters better communication between parties.
  • You can reach more customized solutions – In mediation, you and your partner have considerable flexibility to craft agreements tailored to your needs and circumstances; it’s a strategic, personalized process.
  • It reduces emotional stress – High-conflict divorces are highly adversarial by nature, and litigation will significantly exacerbate your emotional stress. Mediation provides a thought-out and peaceful environment, enabling you to resolve conflicts constructively.

What Things Must I Do to Prepare for Mediation?

If you are preparing for a high-conflict divorce, you must ensure that you know all the facts and educate yourself as much as possible on the finances and issues that must be dealt with effectively. The last thing you want is for the judge to make these critical decisions for you.

Collecting the following and knowing your overall situation is vital, and you must have access to items such as:

  • Passports, citizenship documents, driver’s licenses, etc.
  • Leases, deeds, and insurance policies.
  • Vehicle titles and registrations.
  • Marriage and birth certificates and social security cards.
  • Credit cards, checkbooks, and all other financial information.
  • Income documents and statements.
  • Bank and credit card account statements, income tax returns, and more.

Current statistics suggest that 30% of U.S. divorces are considered “high conflict.” In Colorado, mediation often occurs before you and your partner take your case to the judge. When handled professionally, it’s highly effective for both of you to reach an out-of-court agreement and move on with your lives.

I Am Entering into a High Conflict Divorce; How Should I Proceed?

In a high-conflict situation, it’s imperative to consult with a Colorado Springs divorce lawyer and thoroughly discuss the vital issues that you and your partner must agree on.

Your skilled and passionate lawyer will assist you in your high-conflict divorce, discuss your options (including mediation), and help you navigate any daunting challenges you may face.

Whatever legal path must be followed, your Colorado Springs divorce and family lawyer will guide you through your high-conflict divorce by negotiating, mediating, and litigating if necessary.

For years, the compassionate and experienced divorce lawyers at the Lux Law Firm have been managing high-conflict divorces and bringing them to successful conclusions so that you and your partner can focus on moving forward to a better future.

Call them today at 719-451-7469 for a free consultation on your unique case and get the caring, diligent, and well-versed support of a family law attorney with years of valued experience.