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High Conflict Divorce

A skilled divorce attorney can manage and reduce conflict and stress when divorcing. High conflict divorce can include disputes over property, maintenance (more commonly known as alimony), and also parenting time and decision making where there are minor children of the marriage. While some spouses want all-out war when divorcing, our high conflict divorce attorneys will zealously defend your legal interests while working to resolve your high conflict divorce through settlement or aggressive trial advocacy.

When a divorce is high conflict, a skilled divorce attorney will inform you of your options to reduce the conflict and to move your case towards resolution. When children are involved in a high conflict divorce a focus on their wellbeing should be prioritized.

What Can Be Done to Help My High Conflict Divorce?

Establishing Temporary Orders can provide for clarity as to who may access the marital home, how bills are to be paid, access to accounts, temporary maintenance, and also temporary parenting time when there are minor children. Ensuring that temporary orders are highly detailed can greatly assist with reducing conflict when divorcing. When circumstances change after temporary orders are established they can be modified under limited circumstances.

Reducing communications between you and your spouse can also reduce conflict. As part of any temporary orders hearing, or at any time while your case is pending you can request the Court to limit or restrict communications with your spouse. A complete restriction on communications with your spouse will require all relevant information being communicated through your divorce attorney. When communications are limited the mode of communication (email, text, phone, in person, etc.) can be excluded or specifically allowed and designated as the mode of communication. The subject matters to be communicated can be either designated as permissible with all other matters being excluded, or specific subjects can be excluded.

How Do I Obtain Reliable Financial Information in My High Conflict Divorce?

Discovery is common in high conflict divorces, as the standard financial disclosures are often incomplete or missing. Ensuring complete and accurate financial information is being shared is of critical importance, because disclosures are not always forthcoming in high conflict divorces. Colorado law provides for both written discovery and depositions when warranted, and your high conflict divorce attorney can help identify what discovery strategy would fit the details of your divorce.

Picking and choosing the correct option to address the conflict in your divorce case is of critical importance. While contempt may be an option, a motion for entry of judgement or a motion to enforce may be better options, depending on the circumstances. While the disclosure of information is required by the Court, sometimes fighting with the other party to produce what they should can be more expensive than just issuing a subpoena and obtaining the information through other legal means.

What If My Ex Does Not Follow Temporary Court Orders or Provide Financial Disclosures while The Divorce Is Pending?

When a party does not comply with Court Orders, filing for Contempt, Motions Concerning Parenting Time Orders or Motions to Compel should be considered, but alternatives to court action are available as well. Addressing the failure to comply with Court Orders by communicating with the other side can often resolve matters.

When communications and informal requests with the other side do not produce the necessary responses and documentation, discovery can be pursued. Discovery in your high conflict divorce may include interrogatories, requests for production of documents, subpoenas, and depositions.

Seeking an award of attorney’s fees may be an option when the other spouse unreasonably increases the costs of the divorce. Pursuant to Colorado Revised Statute 13-17-102 the Court may award attorney’s fees when the action of a spouse are groundless, frivolous or vexatious.

Could a Counselor Help Me while I’m Going through a High Conflict Divorce?

Seeking the assistance of a counselor or therapist can also be helpful when going through a high conflict divorce. When emotions are high and the history of the relationship is long people often need to find new and healthier ways of dealing with their spouse. As your divorce progresses you will find your new normal, as well as new ways of interacting with your soon to be ex-spouse.

What Can I Do To Help My High Conflict Divorce?

Planning in advance for a divorce can also help when facing a high conflict divorce. If you are preparing for a divorce, or find yourself facing a high conflict divorce, schedule a time to meet with one of our high conflict divorce attorneys to learn how we can help.

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