How to Protect Your Rights in a High-Conflict Divorce

 Posted on March 03, 2021 in Divorce

When your marriage has devolved into destructive conflict, divorce is often the best option for you to remove yourself from a bad situation and start working toward a better and healthier future. However, before you can get to that point, you will need to make it through the divorce process, which can often be incredibly difficult in a high-conflict situation. As you prepare for your divorce, it is important to know how you can protect your rights and avoid a divorce resolution that leaves you at a disadvantage.

Taking Action to Protect Your Interests

If you are concerned about the damaging effects of conflict with your spouse during the divorce process, there are several important steps that you can take to create a more favorable situation for yourself:

• Hire an attorney. It is rarely a good idea to attempt even an uncontested divorce without the assistance of an experienced attorney. In a high-conflict divorce, an attorney is especially important to help you stand your ground and prepare to make your case for your desired outcome in court.
• Gather and maintain evidence. With your attorney’s assistance, you should start gathering all relevant financial records and documents to help you prepare for the division of property. If financial disagreements or dishonesty were a primary source of conflict in your marriage, it may be a good idea to hire a forensic accountant to help you find evidence of hidden or dissipated assets. It also may be important to keep records of your spouse’s communication or behavior that may be abusive, manipulative, threatening, or dangerous to you or your children.
• Minimize communication with your spouse. Attempting to communicate with your spouse or responding to their communication can expose you to possible manipulation or a conversation that could trigger an unhealthy emotional reaction. It is often best to establish a buffer between yourself and your spouse, such as by communicating only in writing or through your respective attorneys.
• Consider an order of protection. If you have suffered domestic abuse from your spouse or you believe you are at risk, petitioning the court for an order of protection can help you protect yourself from physical harm, as well as other unwanted behaviors like stalking or harassment. An order of protection may also grant you exclusive possession of your residence, ensuring that you have a safe place to live while your divorce is in progress.

Contact a DuPage County Divorce Attorney

If you are anticipating excessive conflict in your divorce, the Davi Law Group can help. Our Wheaton, IL family lawyers will do everything in their power to ensure that you are protected and work with you to reach a resolution that allows you to end your marriage safely while securing your needs. Do not hesitate to contact us at 630-657-5052 to schedule a free consultation.

Sources:

https://www.psychologytoday.com/us/blog/anxiety-zen/201709/marriages-come-and-go-high-conflict-divorce-is-forever

https://www.ilga.gov/legislation/ilcs/documents/075000050k503.htm

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2100&ChapterID=59&SeqStart=500000&SeqEnd=4200000