While some couples can resolve their issues through negotiation or mediation, others face disputes so intense that they are considered “high-conflict” divorces. These divorces are not just emotionally taxing, but they often take longer to finalize, cost significantly more, and place greater stress on children. If you are starting the divorce process and anticipate serious disagreements with your spouse, understanding whether your case could be considered high-conflict is crucial. Please continue reading as we explore what you should know about these matters and how a determined Suffolk County Divorce Attorney can help you navigate these difficult times.
What Causes a Divorce to Be Labeled “High-Conflict” in New York?
A high-conflict divorce is one in which disagreements escalate far beyond the usual disputes over major issues such as property division, custody, or support. These cases often involve frequent court battles, increased hostility, and a refusal to compromise in order to settle. A divorce can quickly become contentious. Common triggers of a high-conflict divorce include:
- Infidelity
- Financial disputes
- Child custody battles
- Domestic violence
- Substance abuse
- Mental health issues
- Parental alienation
It’s important to note that conflict may escalate when one party refuses to cooperate, negotiate in good faith, or fails to adhere to court orders. In these cases, the divorce process becomes less about reaching a fair outcome.
Can Mediation or Collaborative Law Work in a High-Conflict Divorce?
When it comes to mediation and collaborative law, success is highly dependent on the parties’ willingness to work together to reach a mutually agreeable divorce settlement. These alternative dispute resolution (ADR) methods, while designed to avoid the destructive nature of court battles, rarely work in highly adversarial divorce cases in New York.
If parties engage in extreme emotional outbursts, it can derail the process. If parties maintain an adversarial mindset and are not committed to reaching common ground, these non-traditional approaches will not be effective.
How Long Does a High-Conflict Divorce Usually Take?
Although uncontested divorces are resolved in a few months, high-conflict divorces can extend into years due to prolonged legal battles. When spouses are unwilling to compromise, it can result in frequent court proceedings. Key factors that influence the timeline include:
- The complexity of the issues at hand
- Disagreements over child custody, visitation, and support
- Matters involving significant assets, business interests, or intricate financial arrangements
- Court availability
If you are facing a high-conflict divorce, early consultation with an experienced attorney is key. At the Law Offices of Susan A. Kassel, P.C., we are prepared to help protect your rights and interests. Our legal team will advocate for a fair settlement and sound agreements, reducing your emotional and financial burden. Connect with our firm today for more information.
