Most people who are preparing for divorce hope for an amicable resolution with their spouse, in which they are able to agree to a settlement regarding the issues at hand. There are certainly benefits to resolving a divorce amicably, and doing so is possible in many cases. However, there are also times when an amicable resolution is impossible or against your best interests. In a high-conflict divorce, you may find that litigation is the best option for protecting yourself and achieving your desired outcome.
At Reifman Law Offices, we have represented Illinois divorce clients for almost 20 years, and we can recognize high-conflict issues that are likely to get in the way of a divorce settlement. We also have the litigation experience to stand up for your interests in court and fight for your property and custody rights. We know that divorce conflict can be incredibly difficult, and we strive to support you with compassion and understanding as we help you resolve your case.
Conflict is normal in a divorce, but certain kinds of conflict can be especially destructive. Excessive conflict may make it impossible for you and your spouse to cooperate in settlement negotiations, or it may actively put one or both spouses at risk of personal or financial harm. Some common issues in high-conflict divorces include:
Substance abuse and mental illness can cause a spouse to act erratically and unpredictably, sometimes posing a danger to the other spouse or the children.
When physical, verbal, or emotional abuse has taken place between spouses or between a parent and child, any contact or communication between the parties can be dangerous, and it may be necessary to pursue additional protections.
When one parent tries to influence their child against the other or attempts to take the child away from the other parent, there can be serious ramifications when it comes to child custody matters.
A spouse who conceals or dissipates marital assets leaves the other spouse at a disadvantage when it comes to property division, maintenance, and child support, and litigation may be necessary to ensure fairness.
A spouse’s extramarital affair can sow mistrust and animosity, making the other spouse unwilling or unable to consider an amicable resolution.
If contested litigation is likely in your divorce for any of the above reasons, it is important that you know what to expect from the process. You may need to use discovery tools like interrogatories, depositions, and subpoenas to obtain important information from your spouse, and you may be subject to similar requests from your spouse’s attorney. For matters related to child custody, you may need to prepare for the involvement of a guardian ad litem or child representative. You may also wish to pursue temporary relief during the divorce process, like temporary child support and spousal maintenance, restraining orders, and injunctions against certain behaviors on the part of your spouse.
You should also understand how these high-conflict issues may affect the terms of your divorce resolution. While Illinois does not recognize fault grounds for divorce, a spouse’s behavior can still work against them in some aspects of the divorce process. For example, a spouse who has hidden or dissipated marital assets may be ordered to reimburse their spouse or the marital estate. A spouse who has endangered their child or interfered with their child’s relationship with the other parent may be subject to restricted parenting time or excluded from the allocation of parental responsibilities altogether.
We assist individuals and families in Cook, Lake, and DuPage counties.
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