While we’d like to think that every divorce ends amicably, this is unfortunately not the case a lot of the time. Some tend to involve constant conflicts and disputes that forces the courts to get involved. These types of high conflict divorces can be draining both emotionally and financially so understanding the legal process and having a clear strategy is crucial.
What Defines a High-Conflict Divorce?
People have their own definitions of what a high-conflict divorce looks like. In this case, we’re talking about frequent litigation, court filings, and any cooperation issues between both parties.
Often times, there are repeated accusations that occur pertaining to things like financial misconduct and custody interferences which can also spark higher conflict levels. Using children as leverage during a divorce is also deemed unacceptable and brings the divorce in the direction of being high conflict.
It’s important to note that high conflict is specifically about behavioral patterns and not just emotional tension between the two parties. Having negative feelings towards one another is one thing, but actively pursuing and engaging in conduct that fuels ongoing disputes and calls for repeated legal action is what elevates a divorce into high-conflict territory.
Why High-Conflict Divorces Require a Different Legal Approach
Like every state, California has its own standards when it comes to handling divorce cases. Even though this is the case, high-conflict divorces do require some extra steps and more strategic thinking. In situations where one or both parties repeatedly escalate disputes, refuse to cooperate, or engage in aggressive litigation tactics, standard negotiation and compromise are usually not enough. Emotional reactions and informal agreements can quickly be used against a party and may worsen the conflict rather than resolve it.
Courts handling high-conflict cases usually care more about documentation and following court orders. Judges are less concerned with personal issues and more focused on patterns of behavior, credibility, and a party’s ability to act responsibly, especially when children are involved. For men, this means holding a calm approach and avoiding actions that could be portrayed as reactive or uncooperative. A well-planned legal strategy helps contain the conflict, protect parental and financial rights, and prevent the other party’s behavior from influencing the direction of the case.
Strategy 1: Documenting Everything
The importance of documentation is invaluable. Make sure that you keep records of all communications between you and your former spouse, especially what pertains to your children. Utilizing forms of written communication whenever possible will only help you in the long run. The primary purpose of documentation is to protect you from any false allegations that may arise from the other party directed at you. Using apps and software such as Google Drive, Dropbox, and TalkingParents can help you keep track of everything in the most organized way possible. Having that physical proof goes a long way in terms of this protection.
Strategy 2: Following Court Orders Precisely
When it comes to high-conflict divorce cases, even minor errors made can drastically make a negative impact. Missing any scheduled calls or being late for any exchanges can be presented as evidence of uncooperative behavior. In these types of cases these are usually documented and brought to the court.
For men that are facing ongoing disputes, being strict when it comes to following court orders shows stability and maturity along with a level of respect for the legal process. Demonstrating these traits will not only protect your legal status but it also strengthens your potential future battles dealing with child custody or spousal support.
Why Legal Representation Matters
High-conflict divorces require more than your standard legal representation. Strategic guidance and consistent communication are essential if coming out successful is the ultimate end goal. Men’s Legal Center in San Diego has a team of experienced attorneys handling high-conflict cases and who work to keep the cases focused on legal issues and avoid emotional disputes. Make sure you schedule your free case review as soon as possible.