There are going to be disputes and conflicts in any divorce, even amicable ones. Unfortunately, in some divorces, the conflict is heightened to the point that legal proceedings are dragged out, and the entire family must deal with emotional exhaustion and frustration. These divorces are often litigated, increasing stress for the whole family. If you are anticipating a high-conflict and contentious divorce and custody case, you need an understanding Omaha divorce attorney with experience in high-conflict cases.
What Is a High-Conflict Divorce in Omaha?
There is not one exact definition for a high-conflict divorce. Many interpersonal conflicts, aggressive personalities, and legal accusations can create an environment for a high-conflict divorce and custody case. They occur when one spouse or both spouses work to purposefully drag out or complicate the court proceedings, usually out of spite or vindictiveness. Some reasons why a divorce may be a high-conflict one include:
- One spouse has hidden assets or refuses to disclose full financial information.
- Spouses engage in harassment and stalking outside of court.
- There is an inability of one or both spouses to communicate or cooperate in any manner.
- Agreements can’t be found, leading to multiple court dates.
- Allegations about continued substance abuse, severe mental health issues, physical or emotional abuse, and other dangerous situations.
- One spouse has a serious criminal history.
- Spouses have long and emotional disputes about financial issues or child custody.
A high-conflict divorce increases the stress that spouses feel and is especially hard on children. The interests of children in high-conflict custody cases are sometimes pushed aside because of the disputes between spouses.
What Can You Do to Protect Your Family in a High-Conflict Divorce?
You cannot often control your spouse’s cooperation and emotions. However, during the case and after, you can control how you respond and what you do to protect your personal well-being and your children. Some steps you can take include:
Neutral and Respectful Communication
It’s important to limit your communication with your spouse when you have a high-conflict divorce. It’s not often realistic to never talk with them, however. When you do need to talk with them, remember to remain neutral, don’t react emotionally, and try to stay pleasant. Communicate only the essential information before ending the interaction.
Setting Boundaries
For your own personal mental and emotional well-being, you need to determine boundaries. This is especially true if you and your spouse have to co-parent in the future. Determine the lowest-conflict method of communication, and follow the temporary and permanent court orders.
Finding a Support Network
There are a lot of stressors in a high-conflict custody case that you’re going to want to talk about, and it’s important to find the right professional and trusted friends and family to talk with. They can provide you with help and support, and this keeps you from talking about these issues to those in public or to your children.
Keep Your Children Out of Disputes
Do not use your children to communicate with your spouse, and don’t talk badly about your spouse to your children. Talking badly about your spouse is likely to have a negative psychological impact on children, and it may even be considered parental alienation.
Find Coping Strategies
Determine how to have constructive conversations with your spouse if at all possible. Find coping strategies during these discussions and strategies for after the proceedings. You need to find healthy ways to work out negative emotions.
FAQs
Q: How Do You Win a High-Conflict Divorce?
A: The most effective way to have a successful resolution to a high-conflict divorce is to find a skilled and knowledgeable divorce attorney who has experience with litigated and high-conflict divorces. An attorney helps protect you, your family, and your rights.
If the divorce is litigated, as many high-conflict divorces are, your attorney can help you prepare for divorce discovery, determine how to advocate for your financial needs, and lay out your wishes for child custody. If your spouse is being unreasonable, an attorney can determine the right way to present your side of the case to the court.
Q: Who Wins Most Custody Battles?
A: The custody laws in Nebraska do not favor one parent over the other. The presumption is that a child should have a relationship with both of their parents. In the past, the courts have preferred to give primary custody to mothers. These laws are no longer applicable, and both parents are assured of having equal parental rights if they are a child’s legal and biological parents.
In an ideal situation, neither parent “wins” a custody case because they both get to have custody or visitation with their children. This could be more difficult in high-conflict divorces.
Q: What Should You Expect in a High-Conflict Divorce?
A: A high-conflict divorce is likely to be long and expensive. It’s important to prepare for a long and often litigious divorce case, so you need to find an attorney you feel comfortable with who has the relevant experience. Find ways of unwinding and relaxing, and limit your contact with your spouse, except when necessary.
If you have children, make sure contact with your co-parent is businesslike and respectful, and ensure that your kids know they can talk with you about how they’re feeling. Talk with your attorney about what you could expect from your unique situation.
Q: What Should You Not Say During a Custody Battle?
A: Do not be uncooperative or speak badly about your spouse or co-parent during a custody battle. When custody cases are high-conflict and handled through litigation, they can last a while.
You may have negative feelings about the other parent of your children, but do not let those emotions impact your actions or how you speak to your children. If you have worries about your children’s well-being with the other parent, your attorney can help you present these concerns and evidence to the court.
Diligent Legal Representation to Protect Your Family’s Interests
At Stange Law Firm, we understand the unique challenges presented by a high-conflict divorce and custody case. It makes the process of divorce even more frustrating and emotionally exhausting than it already is, and it also worsens the legal complexities.
If you are facing a high-conflict divorce, particularly one where children are involved, you need qualified and compassionate representation from our divorce attorneys at Stange Law Firm. It’s important to protect your family’s future and prioritize your children’s needs. Contact our team today.
