High Conflict Divorce in California – All You Need to Know

Before learning about the issues surrounding your unique high conflict divorce in California, it is important to know California is a no-fault state. This means no one can argue that their spouse was responsible in some way for the divorce, and no one can prevent the divorce from occurring.

Most divorces in California cite “irreconcilable differences” as the grounds for the end of the marriage, meaning there is no likely chance of repairing the marriage. Therefore, while your divorce may involve contentious disagreements over many issues, you won’t have to worry about proving or defending yourself from fault.

No two California divorces are the same, and it is important to understand the factors that may impact your divorce, especially if your marriage dissolution may be considered a high conflict divorce. The outcome of your case can affect you in significant ways and for many years.

What Is the Definition of High Conflict Divorce?

In California, if there is at least one issue that you and your spouse do not agree upon, your divorce proceeding may be considered a ‘high conflict divorce.’ For instance, you may disagree about child custody, child support, property division, or spousal support.

It is important to act quickly if either party:

• Has a high net worth
• Owns a business
• Has substantial assets and/or property and/or
• Anticipates major disputes regarding child custody

These factors can make a divorce much more contentious and complex. However, even when you and your spouse disagree on the terms of your divorce, there may be ways to avoid the lengthy litigation process.

Mediation involves a neutral third party, known as a mediator, working with both parties in an attempt to come to an agreement. It is not legally binding, so if the process is unsuccessful, you can still proceed to litigation. In this case, you need a lawyer with significant litigation experience.

Reasons to Retain an Experienced California High Conflict Divorce Attorney

Family law cases present complex legal issues. During a high conflict divorce case, it is easy to become overwhelmed, stressed out, and emotional, which can adversely affect your case and the future of your children. Working with a divorce attorney can provide the care, support, and legal prowess necessary to navigate these legal issues successfully.

Working with an experienced divorce attorney lets you approach this difficult time in your life with peace of mind. An attorney takes the time to explain your legal rights and obligations and explore all options available to you. Every situation is unique, and attorneys provide an approach specific to your circumstances. A skilled attorney should explore the facts of your case, your goals, and the unique challenges and legal issues you face to form an effective strategy.

An attorney should keep you informed about any implications of a particular course of action in a divorce. They should also ensure that you understand what you may be giving up when making certain decisions, even if your case seems relatively straightforward.

FAQs

Could My Divorce Be Denied in California?

Usually, divorces are not denied unless there are specific legal reasons that prevent a judge from granting the divorce. These could include the following:

• Failure to meet residency requirements
• Inability to prove irreconcilable differences or the lack of grounds
• Failure to serve or notify the other spouse
• Fraud, or
• Perjury

Every divorce case is different, and legal outcomes vary based on specific details.

How Do You Win a High Conflict Divorce in California?

To win a high conflict divorce in California, it’s crucial to hire the right counsel who can develop a comprehensive strategy that fully addresses your unique needs. An attorney can provide the compassionate support and legal prowess to navigate your case successfully.

Some divorces are more complicated than others, and the stakes are especially high. You’ll want a competent attorney by your side every step of the way since the process and the outcome will impact the rest of your life.

What Is the Five-Year Rule for Divorce in California?

In California, the “five-year rule” refers to a summary dissolution, which is a simplified process for ending a marriage or domestic partnership that does not require a formal court hearing. Basically, if you’ve been married for less than five years and have no children, you may qualify for a summary dissolution.

It can be a fast (and less expensive option) for couples that qualify. There are strict eligibility guidelines and several drawbacks within the terms of the agreement, which our office can discuss further.

Should I Handle My Own High Conflict Divorce?

Successfully navigating high conflict divorces requires guidance and support. An attorney will:

• Provide legal counsel, help you understand the law and your rights
• Advocate for you in negotiations, mediations, and court proceedings
• Prepare all legal documents
• Facilitate mediation, as necessary
• Offer guidance, counsel, and emotional support through any uncertainties

Each case is unique, but lawyers should provide zealous representation during your high conflict divorce.

Q: What Personality Disorders Are Relevant in a High Conflict Divorce?

A: California is a “no-fault divorce” state, which means spouses can seek a divorce without proving one party is at fault for the end of the marriage.

However, a party may claim the permanent legal incapacity of one spouse to make decisions and give evidence to the court of the spouse’s mental condition. The most common personality disorders relevant in high conflict divorces include:

• Borderline Personality Disorder
• Narcissistic Personality Disorder
• Histrionic Personality Disorder
• Antisocial Personality Disorder

Contact a California Attorney With Experience Handling High Conflict Divorces

Beverly D. Moranda is on your side. With our team, you’ll receive small-firm attention with big-firm advocacy. Our extensive experience means you can rely on our team to reach a favorable outcome.

Moranda Law Firm, APC, knows that every case requires individualized attention and care. We approach each case with the understanding that you’re facing unique challenges. We can help you understand the divorce process, explain your rights, and fiercely advocate on your behalf during your divorce dispute.

Contact Moranda Law Firm, APC, and set up a consultation today to discuss your divorce options.