Divorce is a life transition that can bring to mind complex behaviors and emotions. Divorcing spouses can be angry, sad, defensive, and irritable as they navigate the different changes in their lives. But sometimes, behaviors and emotions can become damaging. If disagreements between the parties involved persist or escalate while the divorce process is ongoing, this can mean a high-conflict divorce. In this case, spouses can greatly benefit from the legal services of a Huntsville family law attorney.
What to Know About High-Conflict Divorces
A high-conflict divorce usually means spouses have significant, consistent, and escalating disagreements they cannot resolve amicably. Such kinds of divorces are often related to behaviors that can make it hard to achieve a divorce settlement. They can occur if at least one spouse does not want to compromise or negotiate, the spouses cannot communicate without arguing, and they file several applications on different issues. Usually, this type of divorce includes contentious matters such as child custody and spousal support. Sometimes, the relationships might include a history of domestic abuse or violence.
High-Conflict Divorces and High-Conflict Personality
High-conflict divorces come from people who have a high-conflict personality. A person with this type of personality is more dramatic, erratic, or emotional than others. Such personality impacts their interrelationships and the way they function within the world. That is why this person can experience frequent divorces.
Every divorce case is aimed at settling the conflict amicably. But this can be hard for a spouse who has a high-conflict personality. Working with this type of personality in a divorce requires an expert. A family law attorney has experience handling this personality and challenges within divorce cases. They can handle the complications that may arise like marital asset division, debt distribution, and child custody.
Causes of High-Conflict Divorce
A lot of factors can result in a high-conflict divorce. A personality disorder like borderline personality disorder or narcissism is a common cause. A person with these disorders tends to be overly controlling, cannot empathize with their spouse, and is uncooperative. Other causes of high-conflict divorce include financial disagreements, emotional issues, differing parenting styles, and infidelity. Spouses should keep in mind that such factors can be present in any divorce; however, they become especially problematic if they escalate, resulting in high-conflict situations.
The lack of open and effective communication can also lead to high-conflict divorce. If spouses cannot communicate their feelings, needs, and concerns to their spouses effectively, misunderstandings can occur and turn into serious conflicts. This can become even more problematic if at least one spouse does not want to compromise.
The Legal Aspects to Consider
In a high-conflict divorce, spouses must understand their rights and responsibilities. Every party has the right to legal representation and equitable marital asset division. Also, they can seek child custody or visitation rights. But such rights come with some responsibilities. Not upholding these can have severe legal consequences. For example, hiding assets can result in penalties or unfavorable decisions. Likewise, violating visitation or custody agreements can result in the loss of such rights. Thus, spouses must understand and fulfill their legal responsibilities while they assert their rights in a high-conflict divorce case.
The Role of a Family Law Attorney
A family lawyer plays an important role in high-conflict divorces. Aside from representing the interests of their clients, they also guide them through each step of the legal process. A skilled family law attorney can explain the rights and responsibilities of their client, collect important evidence, handle settlement negotiations, and present the case in court. Also, they can help a spouse navigate the emotional challenges that can arise by offering objective advice and support.
