Is Uncontested High-Conflict Divorce Possible?

 Posted on September 28, 2022 in Divorce

In the past, most spouses resolved their divorces in court through litigation. It was frequently a strenuous process, even for those in less contentious relationships. Today, divorce techniques involving compromise and negoiation provide an effective alternative to divorce litigation. While amiability can be helpful in reaching a satisfactory compromise on each issue, it is not necessary. Even warring spouses can avoid the stress and cost of litigation by using alternative dispute resolution methods that do not require them to work together directly. Attorney-facilitated negotiation and certain styles of mediation can work well for those who cannot hold a civil conversation or tolerate being in close proximity to their spouse. Resolving a divorce out of court is often in each party’s mutual interests, so it is often possible for spouses to come to an agreement. If you are interested in resolving your high-conflict divorce out of court, it is important to hire an attorney who is a skilled negotiator. 

Tips for Resolving a Contentious Divorce Out of Court 

Taking your case to litigation to spite one another is not likely to leave you in a more advantageous position than an uncontested divorce would unless your spouse truly will not participate in good faith. Tips for succeeding in reaching an agreement despite a high level of conflict include: 

• Stay apart - Often, bringing spouses face to face raises the level of conflict and makes it less likely that a resolution will be reached. It may be wiser to pursue a method of mediation or negotiation that does not involve being in the presence of your spouse or speaking with them directly. 

• Focus on the benefits - Consider the difficulty and expense of divorce litigation, compared to the lesser costs of compromising with your spouse in order to negate the need for a courtroom battle. 

• Accept compromises - Understand that not all of your expectations or desires will be met. It will be necessary to make compromises, which will mean giving up some of the provisions or property you asked for initially. 

• Respond after a break - Certain communications from your lawyer, the mediator, or even your spouse’s attorney may be upsetting and cause you distress. It is prudent to take a break to reduce your level of emotional intensity before responding. 

That said, there always exists a possibility that your spouse will be genuinely unreasonable and will frustrate the goals of mediation or negotiation. In this event, litigation may be necessary. 

Contact an Illinois Divorce Lawyer 

The Law Office of George J. Skuros is committed to securing favorable outcomes for each client, whether in or out of court. Our experienced Cook County divorce attorneys are skilled negotiators and also accomplished litigators. Contact us at 312-884-1222 for a free consultation. 

Source: 

https://www.adrtimes.com/mediation-with-high-conflict-couples/