Need a High-Conflict Divorce Lawyer in New Jersey?

A high-conflict divorce is one in which one or both parties engage in negative behaviors to derail the process or cause emotional pain. High-conflict divorces are often caused by custody disputes, financial disagreements, infidelity, and domestic abuse.

It is important to have an experienced attorney on your side during a high-conflict divorce. If you are going through a high-conflict divorce, contact Rosenblum Law today. We have years of experience in handling high-conflict divorce cases. The remainder of this piece will give you some insights into the process of high-conflict divorces, such as the characteristics that define them, the legal process in filing for a divorce, the challenges present, and how an experienced divorce attorney can assist.

Understanding High-Conflict Divorces

The first step in understanding high-conflict divorces is to identify the characteristics of a high-conflict divorce. These characteristics include:

• Demonizing of one partner by the other
• Destructive communication patterns, such as gaslighting 
• Constant arguing about divorce matters with no end in sight
• The needs of children taking a back seat to divorce drama
• A sense of powerlessness by all those involved

High-conflict divorces have a significant emotional and psychological impact on the parties involved, including any children. This stress can leak through during negotiations and settlement conferences,making coming to agreements more difficult and time consuming. 

There are also a variety of legal complexities unique to high-conflict cases:

• Emotional suffering: The animosity in high-conflict divorces can result in emotional suffering or mental health issues between both parties, complicating negotiations and settlements. Parties and their children may also experience high levels of stress during this time, especially if things like domestic abuse are involved. 
• Complex evidence: There may be extensive documentation or records involved because of the conflicts involved and inability to agree. This can make the discovery process, or the exchange of information between both parties, and evidence management increasingly challenging. High-conflict cases often involve complex financial arrangements and assets as well, making the collection of evidence even more difficult. 
• Prolonged litigation: High-conflict cases tend to take longer to resolve than typical cases because of the emotions and complex evidence involved. Parties may also file numerous motions and appeals, which can prolong the process. 
• Expensive legal costs: The longer duration and complexity of high-conflict cases often results in significantly higher legal fees.

The Legal Process for High-Conflict Divorces in New Jersey

The legal process for high-conflict divorces in New Jersey starts with filing for divorce. This requires drafting the complaint and summons, completing the Certification of Verification and Non-Collusion, and completing the Case Information Statement. These are filed with the New Jersey Family Court along with a $300 filing fee. There is an additional $25 fee for parents for the Parenting Workshop fee. 

When filing the complaint, grounds for the divorce must be provided. Potential grounds are found in Section 2A:34-2 of the New Jersey state code and include both fault and no-fault grounds. Most high-conflict divorce cases include fault grounds such as adultery, extreme cruelty, separation, desertion, abuse of alcohol or drugs, or incarceration. 

Once the divorce is filed, the attorney can file a motion for temporary orders. Temporary orders often include temporary child custody arrangements, and could also include restraining orders. A restraining order can be gained without filing for divorce as well. These temporary orders remain in place at least until the divorce is settled. 

The next step in the legal process is discovery and evidence gathering. This could include discovery and evidence relating to finances, abuse or neglect, and the grounds for divorce. After discovery is complete, the parties participate in settlement conferences or mediation. 

If the parties come to an agreement, the trial process is very straightforward. If the parties can’t agree, all evidence is presented at trial so that the judge can make a determination in matters of finances and custody. 

Post-trial proceedings may also take place, including motions to modify or compel compliance with the divorce settlement. An attorney will be best able to assist their client throughout this process, from the initial filing to post-trial motions.

Challenges in High-Conflict Divorces 

High-conflict divorces present a number of challenges. These can include:

• Dealing with uncooperative or manipulative spouses
• Dealing with domestic violence or abuse
• Addressing parental alienation and its impact on custody, where one parent disparages another and causes the child to have animosity toward that parent
• Managing high-conflict personalities, such as narcissistic personality disorder or borderline personality disorder

All of these situations can be quite difficult to handle, but an experienced divorce attorney can make things easier and protect their clients’ rights.

The Importance of Emotional Support During a High-Conflict Divorce

It is important to work with mental health professionals when going through a high-conflict divorce. Talking about the specifics of the divorce with others can heighten animosities and increase conflict, but a therapist can offer confidential support. Children present in the marriage should also see a therapist or counselor.

Utilize support networks such as friends and family during and after the divorce. Support groups for high-conflict divorces can also be beneficial and can be found online. 

There are also some coping strategies that clients and children affected by high-conflict divorces can use. These include:

• Concentrating on self-care and maintaining routines and schedules
• Reconnecting with interests and hobbies apart from the spouse
• Recognizing that the future will present challenges, even if the marriage was unhealthy
• Maintaining communication with children and letting them know they are loved and cared for
• Walking away or hanging up the phone if a conversation becomes heated

Role of a High-Conflict Divorce Lawyer in New Jersey

A high-conflict divorce lawyer in New Jersey can support their client through the legal process and make a divorce more manageable. Here are some of the ways a high-conflict divorce lawyer can help.

Managing Contentious Issues

A high-conflict divorce attorney can handle child custody and visitation disputes through mediation and negotiations. It is important that the child’s best interests are kept in mind during these proceedings. The attorney will have a solid understanding of how courts prefer custody arrangements and work toward a resolution. 

An attorney can also address allegations of abuse or neglect. Whether the client is the abuser or the abused, the attorney can gather evidence of abuse or neglect, or evidence that such abuse and neglect did not occur.

A high-conflict divorce attorney can also resolve complex financial disagreements such as asset division and alimony. New Jersey uses the principle of equitable distribution in divorce cases. Attorneys are familiar with New Jersey divorce laws and can apply them to resolving financial and other disputes. 

Negotiation and Mediation 

A high-conflict divorce attorney has the experience to facilitate communication between parties. Emotions run high in negotiations and mediation, and it takes a skilled attorney to keep discussions productive. The attorney can encourage settlement to avoid prolonged litigation using alternative dispute resolution methods. 

Mediation is the alternative dispute resolution method preferred by the courts. In mediation, a third-party mediator meets with both parties and their attorneys. The mediator keeps conversations productive and on topic, and the attorneys are able to put forward possible solutions. 

Courtroom Advocacy

The high-conflict divorce attorney will represent their client’s interests in court. The attorney should be experienced in navigating the New Jersey Family Court procedures. They will prepare for trial by gathering evidence and testimonies to effectively present to the judge. 

Protecting a Client’s Rights and Interests

The primary goal of a high-conflict divorce attorney is to protect their client’s rights and interests. This includes ensuring a fair division of assets based on the principle of equitable distribution. It also includes protecting parental rights and working to serve the best interests of children from the marriage. 

A high-conflict divorce attorney can also safeguard against false accusations and manipulative tactics, which are common in high-conflict divorces.

FAQs

Contact Rosenblum Law Today

If your divorce in New Jersey is particularly contentious, it is important to have experienced legal representation in negotiations, mediation, and court proceedings. A high-conflict divorce attorney can help deal with uncooperative or manipulative spouses.

Rosenblum Law divorce attorneys have decades of experience with high-conflict divorces, and one of our attorneys will be able to navigate the legal complexities you are facing. We will provide you with the best possible representation. Contact us today for a free consultation.