How to Protect Your Rights During a High-Conflict Divorce

 Posted on November 10, 2023 in Divorce

The process of divorce is rarely easy, but it can become especially challenging in situations involving high levels of conflict between spouses. In these cases, emotions can run high, and spouses may struggle to find common ground on important issues such as child custody, asset division, and spousal support.

If you are going through a high-conflict divorce in Illinois, it is essential that you take steps to protect your rights. By being proactive and seeking legal guidance from a divorce attorney who has experience representing clients in high-conflict cases, you can ensure that your interests are safeguarded throughout the process.

The Importance of Legal Representation

While some people may consider handling their divorce proceedings without legal representation in order to save costs, this approach can often be detrimental, especially during a high-conflict divorce. With an experienced divorce attorney by your side, you can receive invaluable support and legal guidance as you work to try to resolve disputed issues. Your lawyer will help you navigate through the sometimes complex legal procedures involved in your divorce, and they will advocate for your rights and best interests. By working with the right attorney, you can make sure you will be fully prepared to negotiate agreements with your spouse or resolve matters in the courtroom when necessary.

Gather Relevant Documentation

In any divorce case—especially those involving contentious disputes—it is crucial to gather all relevant documentation pertaining to joint assets, financial accounts, mortgages or other loans, and any other information related to property, assets, and debts. This information helps establish accurate valuations during property division negotiations. To make sure your interests will be protected as you resolve divorce-related disputes, you should gather information such as:

• Bank statements: Obtain statements for joint accounts and any individual accounts dating back at least one year before the divorce filing;

• Tax returns: Make copies of tax returns for at least the past three years for both spouses. These documents reveal income sources and other financial details;

• Real estate records: Collect any deeds, mortgage agreements, or property valuation assessments for marital homes or other shared properties;

• Pensions and retirement plans: Obtain documents regarding any pension or retirement plans either spouse may have. These can include account statements and benefit payout estimates.

By gathering documentation of all relevant financial matters, you can take steps to uncover any attempts by your spouse to hide assets, and you will be able to address the possible dissipation of marital assets and ensure that your marital property can be divided equitably.

Protect Your Digital Privacy

In today's digital era, protecting your online privacy is essential during a high-conflict divorce. You may want to take the following precautionary measures to ensure that sensitive information remains secure:

• Create strong, unique passwords for all your personal online accounts (email, banking, social media, etc.); 

• Avoid discussing any aspects of your divorce on social media platforms, because posts and messages could potentially be used against you in court;

• If possible, close joint bank accounts and open individual ones to safeguard your financial assets; and,

• Frequently review and update privacy settings on all social media accounts to limit access by the opposing party or their attorney.

The Role of Mediation

Mediation can be an effective alternative to litigation when it comes to resolving disputes in a high-conflict divorce. In mediation sessions held with a neutral third party, both spouses are encouraged to communicate openly while working toward mutually agreeable solutions. While this process may not always be the best solution in cases involving high levels of conflict, it may be the best way to reach agreements. If you and your spouse can agree to work together, negotiate in good faith, and cooperate and compromise whenever possible, mediation may allow you to complete your divorce more quickly, efficiently, and effectively.

Your attorney can help you understand what you will need to address during divorce mediation, and they can review the agreements made to ensure that your rights are protected. If successful agreements cannot be reached through mediation alone, you still have the option of pursuing litigation, and your lawyer can provide you with effective representation during court proceedings.

Contact Our Oak Park High-Conflict Divorce Attorney

During a divorce involving high amounts of conflict, it is crucial to have a knowledgeable legal advocate on your side. At Law Office of Vincent C. Machroli, P.C., our Hillside divorce lawyer understands the complexities involved in high-conflict divorce cases, and we are dedicated to protecting the rights and interests of our clients. We are prepared to advocate on your behalf to resolve your outstanding issues and make sure you will be able to move forward after your marriage has been dissolved. To schedule a free consultation with our skilled divorce lawyer, please contact us at 708-449-7404.