Fort Worth High Conflict Divorce

Divorce is the dissolution of the marriage contract, which by definition means there is a conflict of some kind. Most Texas divorces are no-fault and are, therefore, predicated on supportability – or on unresolvable conflict of some kind. If your divorce is classified as high conflict, it means that one or more of the terms that need to be resolved has become a sticking point that makes resolution through negotiation more challenging. Further, when it comes to high-conflict divorce, the overall stress of the situation is generally cranked up several notches. 

If you are facing a high-conflict divorce, an experienced Fort Worth high-conflict divorce lawyer can help.

Common Areas of Conflict

Ultimately, every divorcing couple in Texas must resolve the basic terms of a divorce that apply to their situation before their divorce can be finalized. Anything that they’re unable to hammer out outside of court will need to be addressed by the court. In a high-conflict divorce, the topics that create the most heat are generally based on financial or parental rights – and sometimes both. 

Any one of the following terms of divorce can lead to conflict and can evolve into a high conflict concern:

The Equitable Division of Marital Property

In Texas,  the assets that a couple acquires while married are considered marital property that must be divided in a just and right manner if the marriage ends in divorce. The matter of what is just and right, however, is often hotly debated between divorcing couples. While anything that either spouse owned before marriage and kept separate while married is a separate asset, the commingling of assets can erode their separate nature. 

Child Custody Arrangements

Texas addresses both physical and legal custody, and they’re both important elements of parental rights and responsibilities. Legal custody determines how the parents will handle decision-making authority about primary parenting decisions like the following moving forward:

• Decisions about their children’s medical care
• Decisions about their children’s schooling
• Decisions about their children’s religious upbringing
• Decisions about their children’s participation in extracurricular activities

The parents can continue making these decisions by consensus, but other options include:

• One parent has the authority to break a tie
• Each parent is assigned decision-making authority based on the category of decision that needs to be made
• One parent has sole legal custody and makes these primary decisions on their own

Physical custody determines the parenting time schedule that divides the parents’ overnights with the children. 

Child Support

Child support is determined according to the state’s calculation process, which means the matter is typically determined directly by the numbers that are plugged in. When extenuating circumstances apply, however, the court can exercise its considerable discretion in the matter. 

Alimony

Alimony is a payment system in which the spouse with the means to do so provides financial assistance to the other until they are better prepared to support themself financially. Although alimony is not a factor in every divorce – or even most divorces – it can play an important role in a financially disadvantaged spouse’s financial future. 

Each of these terms of divorce has the potential to create considerable conflict. 

High Conflict

Conflict in your divorce can be driven by many factors, including the following:

• Your spouse may simply have a high-conflict personality that prompts them to dig their heels in regardless of the consequences.
• The stress of divorce can affect even the most rational among us, which can turn up the heat on divorce generally. 
• The more complicated the divorce, the more likely the term high conflict is likely to apply. Complicating factors tend to include business ownership, high assets, or a major move on the part of the primary custodial parent.

Your Position

When faced with a high-conflict divorce, simply giving in to your spouse’s unreasonable demands may feel like the best option – after all, you’d like to put this difficult matter behind you. The fireworks that generally accompany high-conflict divorces can be very challenging to endure, but your rights as a parent and your financial future are on the line, which makes proceeding with focus and purpose critical. 

Mediation may be a viable option if your divorcing spouse is capable of seeing reason and engaging in reasonable compromise. If not, however, the most expedient path forward may be heading directly to court, which is a decision you and your formidable high-conflict divorce lawyer will make together – in accordance with the unique circumstances that apply.

Reach Out to an Experienced Fort Worth High Conflict Divorce Lawyer Today

Don’t try to tackle a high-conflict divorce on your own. The seasoned high-conflict divorce lawyers at MBH Fort Worth | Family Law – proudly serving Fort Worth – have reserves of imposing experience guiding challenging cases like yours toward resolutions that honor our clients’ rights and best interests, and we can also help you. To learn more, don’t wait to contact us today.