Divorce is rarely easy, but when hostility, mistrust, and constant fighting dominate the process, it can become even more complex. These cases, often referred to as high-conflict, involve emotional strain, prolonged litigation, and higher costs. In New Jersey, a high-conflict divorce can significantly affect the final settlement, including the outcome of child custody, property division, and alimony. For more information and to secure skilled legal representation during your case, read on and set up your free consultation with a knowledgeable Bergen County divorce lawyer today.
What is a High-Conflict Divorce?
A high-conflict divorce is one where one or both spouses engage in ongoing hostility, manipulation, or refusal to cooperate. It is characterized by intense bitterness and malice, as well as an inability to resolve disputes through communication or compromise.
Unlike a typical divorce, which involves emotional pain but eventual cooperation, high-conflict divorces often involve chronic anger, distrust, manipulation, and repeated court battles. One or both spouses may prioritize “winning” the divorce and punishing the other, instead of resolving the relevant issues in an amicable manner.
Shared minor children are often the focus of spouses in a high-conflict divorce. Some individuals may use their child as a way to get back at their spouse, attempting to alienate them from their other parent by fabricating lies and intentionally turning the child against them. This can severely impact the child’s development and mental health, and parental alienation can even be considered emotional abuse.
How Does a High-Conflict Divorce Impact the Outcome of a Settlement in NJ?
If your divorce is high-conflict, it can have a significant effect on the outcome of the settlement agreement. The divorce decree outlines each party’s rights and responsibilities regarding relevant issues like property and debt division, alimony, child custody, and child support. All of these topics can be influenced by your and your spouse’s behavior during the divorce process.
New Jersey courts base custody decisions on the best interests of the child. Judges will consider a variety of factors, including each parent’s ability to communicate and cooperate with one another, as well as each parent’s willingness to abide by the visitation schedule. Parents who engage in constant conflict, alienation, or harassment can be viewed as detrimental to the child’s stability. High-conflict behavior like refusing visitation, making false claims of abuse, or badmouthing the other parent can result in reduced parenting time or supervised custody.
When it comes to property division, courts use equitable distribution, meaning property is split fairly based on each individual’s needs and earning capacity. If one spouse engages in financial misconduct, like hiding assets or destroying marital property, the court can adjust the distribution to favor the other party. Judges can also consider whether one spouse’s combative conduct increased litigation costs and created unnecessary expenses for the other.
If you believe you are in the midst of a high-conflict divorce, it is crucial that you secure the help of a skilled professional. Contact Feitlin, Youngman, Karas & Gerson, LLC today to discuss your situation with an experienced attorney.
