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.
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:
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.
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:
The parents can continue making these decisions by consensus, but other options include:
Physical custody determines the parenting time schedule that divides the parents’ overnights with the children.
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 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.
Conflict in your divorce can be driven by many factors, including the following:
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.
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.