What is a High-Conflict Divorce?

What is a High-Conflict Divorce?

In North Carolina, as in other states, married couples may request a divorce based on irreconcilable differences. No other grounds for divorce generally apply to those who seek to end their marriages in North Carolina. Sometimes, couples are engaged in a contentious divorce. This is also sometimes called a high-conflict divorce. It happens when couples are having more difficulty than usual coming to an agreement regarding the terms of a divorce settlement.

In this brief video, Managing Member Matt Arnold of Arnold & Smith, PLLC explains what constitutes a high-conflict divorce.

When is a Divorce High Conflict?

A divorce may be considered high conflict when one or both parties take part in behaviors that are meant to disrupt or derail the divorce process. This typically happens most often in contested divorces. A contested divorce is one in which one of the parties does not agree to the divorce settlement terms. Settlement terms cover such issues as distribution of assets, child custody, alimony, and more. A high-conflict divorce often involves intense disputes and an unwillingness to provide information or even discuss settlement matters.

What Can Lead to a High Conflict Divorce?

There are many factors that may contribute to a high-conflict divorce. Situations such as domestic violence, financial abuse, substance abuse, mental health issues, threats, resentment, narcissism, and more may cause a divorce to become high-conflict. One spouse may simply be stubborn and unwilling to compromise under any circumstances. When one person digs his or her heels in and will not communicate, it can cause the divorce to quickly escalate into one of high conflict.

Resolving Disputes

Disputes between couples can be resolved, but it can take some extra effort. Communication is essential to compromise. North Carolina requires equal distribution of marital assets. The first step in the process is to agree on which property is marital property and belongs to both parties. Resentment can cause one party to feel they deserve more than their fair share. Your divorce attorney is often able to head off disputes before they become more serious. It is always best to try to handle matters proactively rather than wait until the issues blow up.

Mediation and Beyond

Sometimes, couples are able to take care of their disputes through mediation. A mediator is a trained professional who is skilled in assisting couples come to compromises and agreements. In high-conflict divorces, this option may not work well. A divorce attorney with experience handling conflicts may be able to help you navigate the situation. Discuss the details of your relationship with your attorney, who will provide you with guidance regarding options for how to move forward in the divorce process. A better understanding of the major areas of conflict will allow your lawyer to assist you through a high-conflict divorce while ensuring a fair settlement.

A high-conflict divorce can be more stressful than a standard divorce. Your lawyer will work with you to make the process as easy and stress-free as possible. If you may have a high-conflict divorce, we can help. Call us today at Arnold & Smith, PLLC, at (704) 370-2828 to schedule a consultation.

https://www.webmd.com/mental-health/narcissism-symptoms-signs

https://www.forbes.com/advisor/legal/divorce/divorce-mediation/

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