Managing a High-Conflict Divorce is Important
A high-conflict divorce or custody proceeding typically refers to a legal dispute between parties characterized by intense hostility, animosity, and ongoing conflict. These cases often involve repeated disagreements, contentious interactions, and difficulty reaching agreements on key issues such as child custody, visitation, support, and division of assets.
The parties involved in a high-conflict divorce or custody case often experience intense emotions such as anger, resentment, fear, and mistrust. These emotions can fuel ongoing disputes and make it challenging to reach amicable resolutions. These cases are very stressful for the parties involved, especially for the children.
This guide is meant to provide you with tools to help take the temperature down enough for meaningful resolution to occur while protecting all parties involved, especially children.
Identifying High-Conflict Cases
Identifying high-conflict divorce and custody cases requires recognizing certain signs and patterns of behavior exhibited by the parties involved. Here are some common indicators that may suggest a high-conflict situation.
The parties in these cases tend to engage in frequent court filings, motions, and legal actions, often over relatively minor issues. They are unable to cooperate or compromise. This can be particularly damaging when children are involved. Resolution of even trivial matters is often impossible without involving the court. Communication between the parties is often characterized by hostility, aggression, and verbal attacks. This may include insults, threats, and accusations.
The parties may try to interfere or undermine the relationship between the children and the other parent through manipulation, disparagement, or alienating behaviors. Children may be used as pawns in the conflict, to gain advantage in legal proceedings or as a means of punishing the other parent. There may be safety concerns due to alcohol, drugs, anger management issues, or neglect. These children may exhibit signs of stress, anxiety, or emotional distress.
Identifying these signs early on can help attorneys, mediators, and other professionals intervene effectively and develop strategies to manage and de-escalate conflict in high-conflict divorce and custody cases. It’s essential to approach these cases with sensitivity, empathy, and a commitment to promoting the best interests of the children involved.
Legal Framework in Oklahoma for High-Conflict Cases
Oklahoma law does not specifically define “high-conflict family law cases.” However, the state’s statutes and legal framework address various aspects of divorce, child custody, and family law proceedings that may be applicable in high-conflict situations.
Oklahoma courts can take extra steps to ensure the best interests of the child in high-conflict cases. Courts consider factors such as the child’s emotional and physical well-being, the relationship with each parent, and any history of domestic violence or abuse. This can mean changes in custody and visitation orders to protect the children involved.
Oklahoma law also provides protections for victims of domestic violence, including protective orders or restraining orders against abusive partners. Courts may consider allegations of domestic violence or abuse when making custody and visitation decisions.
Some Oklahoma courts offer parenting coordination services for high-conflict cases. Parenting coordinators work with parents to develop and implement parenting plans, facilitate communication, and resolve disputes outside of court. This coupled with mediation and alternative dispute resolution services can help couples resolve disputes.
While Oklahoma law provides mechanisms for addressing high-conflict family law cases, parties involved in such cases should seek guidance from experienced family law attorneys who can provide personalized advice and advocacy based on the specific circumstances of their case.
Steps You Can Take
If you are involved in a high-conflict case, it is important to have a Tulsa divorce lawyer on your side and to communicate effectively with your attorney. Many family law attorneys have expertise in handling high-conflict cases. They can provide legal advice, advocate on your behalf, and help you understand your rights and options under Oklahoma law.
Focus on Communication: Despite the conflict, strive to maintain open and respectful communication whenever possible. Clear and constructive communication can help prevent misunderstandings, reduce tension, and facilitate the resolution of disputes.
Set Boundaries: Establish clear boundaries to protect yourself and your children from unnecessary conflict and stress. This may involve limiting communication to written correspondence or using third-party communication platforms, such as co-parenting apps or mediators, to facilitate discussions.
Prioritize Children’s Best Interests: Keep the best interests of your children at the forefront of all decisions and actions. Focus on creating a stable and nurturing environment for your children. Avoid involving them in adult conflicts or using them as pawns. Seek out professionals to help your children at this time. Supervised visitation may be considered as necessary in order to maintain contact between children and parents.
Document Everything: Keep records of all communication, interactions, and incidents related to the divorce or custody case. Documenting conversations, emails, text messages, and other forms of communication can provide valuable evidence and protect your interests in legal proceedings.
Consider Alternative Dispute Resolution: Explore alternative dispute resolution methods, such as mediation or collaborative divorce, as alternatives to litigation. These approaches can help parties work together to reach mutually acceptable agreements and avoid the time, expense, and adversarial nature of court proceedings.
Manage Emotions: Acknowledge and manage your own emotions, as well as those of the other party. High-conflict situations can be emotionally taxing, but maintaining composure and focusing on rational decision-making can help de-escalate conflicts and promote constructive resolutions.
Follow Court Orders: Adhere to court orders and agreements reached through negotiation or mediation. Compliance with court orders demonstrates your commitment to co-parenting and can help build trust and credibility with the court.
Seek Support: Surround yourself with a strong support network of friends, family members, therapists, and other professionals who can offer emotional support and practical assistance during this challenging time. Remember that your children may need emotional support as well. Parenting coordinators can provide a much needed buffer between you and your ex.
Stay Informed: Stay informed about your rights, responsibilities, and legal options throughout the divorce or custody process. Knowledge empowers you to make informed decisions and advocate effectively for your interests.
Some courts offer parenting classes as a mechanism to help inform parents about high-conflict cases and how best to manage them. These classes can help motivate and inform both parents.
Navigating a high-conflict divorce or custody case in Oklahoma can be challenging, but with the right strategies and support, you can minimize stress, protect your interests, and work towards a resolution that serves the best interests of you and your children.
Free Consultation with a Tulsa Divorce Lawyer
Divorce is hard enough, make sure that you have an attorney on your side who can help make the process easier.
A no-cost initial consultation can help determine whether Divorce of Tulsa Law Office can provide the best Tulsa divorce lawyer for your family law matter. For a free confidential consultation, call now: 918-924-5526.
