While some divorces can easily proceed through the courts, that is not always the case for some. With a high-conflict divorce, there are major disputes regarding asset division, child custody, and support. Many times, this can lead to long legal battles and added stress. How to handle a high-conflict divorce in California? Here are a few tips for you.
Get Legal Help Right Away
In California, the courts will look for solutions to these conflicts. California is a community property state. With that, assets and debts acquired during the marriage are divided equally. However, in these cases, your spouse may attempt to hide or undervalue assets. You will want to have an attorney on your side to ensure transparency.
If you have a child, then legal assistance is almost necessary. When making decisions about custody and support, the court focuses on the best interests of the child. Unfortunately, high-conflict cases often involve false accusations or manipulation by one of the parties. You will need evidence-based advocacy to reach a fair resolution for your case.
Document Everything
With a high-conflict divorce, you will want to keep detailed and accurate records. These can be used to counter false claims and support your case. Some of these documents include:
- Bank statements, tax returns, and pay stubs
- Emails, text messages, or written notes
- Evidence of misconduct, such as records of harassment or abuse
- Parenting schedules and related correspondence regarding child custody or visitation
With this evidence, you can strengthen your case and help your attorney construct a fact-based narrative to present in court.
Focus on Your Children’s Well-Being
When children are involved, any divorce can have an emotional and psychological impact on their development. California courts will always make decisions in the best interests of the child and consider:
- Each parent’s ability to provide a stable environment
- History of abuse, neglect, or substance misuse
- The child’s wishes, depending on their age and maturity
If you want to protect your child during this time, make sure to avoid speaking negatively about the other parent. You also want to listen to feelings and concerns. For children struggling during this time, you may want to seek professional help to provide emotional support.
Use Temporary Orders
Sometimes, you might want to seek a temporary order to resolve immediate concerns. These orders can help with:
- Temporary custody and visitation schedules
- Child and spousal support payments
- Restraining orders in cases of abuse or harassment
These orders can provide some relief and stability until a final settlement or judgment is reached.
Never Engage in Retaliatory Behavior
While the process can be frustrating, you will want to resist the urge to retaliate against your high-conflict spouse. Withholding visitation, spreading false information, or engaging in heated confrontations may harm your credibility and weaken your case.
Instead, you need to try to resolve disputes in a constructive manner. Sometimes, by being the party willing to cooperate, you can get a better outcome in your favor.
Prepare for Litigation
If negotiation and alternative dispute resolution methods fail, then you could be heading to litigation. California courts have a set of specific procedures, including mandatory disclosures and adherence to deadlines. You will need an attorney to litigate on your behalf. While this process can be time-consuming and emotionally taxing, it may be necessary if you are trying to settle with a high-conflict spouse.
Look Towards the Future
Finally, look beyond the divorce process to establish a stable foundation for your post-divorce life. You will want to create a budget that reflects your new circumstances. Plus, after the conflict, you need to work with the other parent to create a parenting plan in the child’s best interest.
Get Legal Assistance for Your High-Conflict Divorce
Hopefully, with these tips, you can now handle a high-conflict divorce in California. Many times, you need to take a strategic approach to these cases. At the Roberts & Zatlin Family Law Firm, we can offer assistance during this time.
We can provide family law services backed by over 35 years of combined experience in the field. We will make you and your family our top priority. Contact us today or call (951) 381-8147. Your first consultation is free and confidential. Schedule a consultation today.
