High-Conflict Divorce Lawyer in Overland Park

Home » Overland Park Family Law Attorneys » Overland Park Divorce Lawyers » High-Conflict Divorce Lawyer in Overland Park

Divorce is never easy, but the process is that much more difficult when there is heightened conflict. The emotional challenges of a divorce can amplify disputes and leave spouses uncertain about their futures. Your family, finances, and general well-being could be at risk if your spouse is being combative or claiming that you are, but with steady legal guidance from a trusted law firm like Joseph, Hollander & Craft, you can defuse the tension and move forward with confidence.

Common Causes of High-Conflict Divorce in Kansas

There are many sources of conflict in Kansas divorce cases, with a few of the most common being:

• Property Division Matters
  • Wasting marital assets: Some cases involve poor property or money management, while others involve spending money to support an extramarital affair or drug or alcohol problem.
  • Hidden assets: Property division requires transparency and honest communication between the spouses, but this fails if one spouse is hiding assets. More work, and therefore more litigation, will be needed to locate concealed property.
  • Valuation issues: Depending on the assets at stake in your divorce, you and your spouse may have starkly different views about their values. For instance, valuing a family business is complicated and could subject the divorce to more litigation.

• Support Issues
  • Disagreements over alimony: If the gap between spouses’ perspectives of appropriate spousal maintenance is too wide for negotiation, the court will likely have to get involved.
  • Disagreements over child support: One might like to believe that, despite the differences between spouses, they will do what is right for their child. But parents often disagree on how much child support should be ordered.
  • Unreported income: If a spouse is accused of hiding money, child support and alimony will not be easily resolved. A forensic accountant or other expert witness may be called upon to uncover this money.

• Child Custody Disputes
  • Disagreements over parenting: When one household splits in two, the parents may have different attitudes and approaches to parenting. Protracted disagreement over the child’s upbringing may result in more time in court.
  • Disputes over parenting time: Disagreement over how much time each parent should both spend with the child, or when parenting time should be exercised, can fuel conflict.
  • A new boyfriend or girlfriend: Dating during or after a divorce can trigger disputes about what is in the best interests of the children.

• Interpersonal Conflict
  • Abuse, neglect, and domestic violence: Allegations of serious misconduct can preclude negotiations. They may also require more hearings and temporary orders along the way.
  • Violations of previous orders: Courts expect spouses to obey their orders pertaining to property division, custody, and other issues. If this does not happen, one spouse may seek contempt or other enforcement actions.
  • Infidelity and other spousal misconduct: Hurt feelings can make it difficult to want to reach an agreement. Sometimes conflict is a manifestation of emotional pain.

If it becomes clear that your divorce will be contentious, it is best advised that you retain legal counsel to handle communications with your spouse or their lawyer.

Why Do Divorces Become High-Conflict?

Understanding how best to handle a high-conflict divorce starts with understanding a few of the reasons they become so contentious to begin with. If you notice any of the following behaviors during your divorce proceedings, you should bring it to the attention of your lawyer immediately:

• An all-or-nothing attitude: At the outset of the divorce, your spouse may appear amicable and open to a peaceful resolution, but this may change with time. If there is no longer an attitude of compromise on the part of your spouse, conflict is looming.
• Lack of control: Divorce court proceedings deprive people of control because a judge has the power to divide assets and make orders about your family. This is hard on many people.
• Suspicion: One spouse may suspect the other of infidelity, hidden assets, and the like, and refuse to cooperate.
• Dishonesty: If one spouse lies or otherwise evidences dishonest conduct, it can be difficult to trust that disclosures necessary to complete the divorce are truthful.

How to Handle Your High-Conflict Divorce

No matter why you and your spouse cannot get along, there are some strategies for reducing conflict and moving your case forward.

• Hire legal counsel early: The longer conflict festers, the more time your divorce will take. Experienced family law attorneys can help you diffuse conflict and focus on solutions.
• Be forthcoming with your lawyer: Failing to disclose all material facts about the divorce is a major cause of conflict. Be honest with your attorney and let them handle the rest.
• Limit communication: Conflict often feeds on attention. Limiting communications and using your attorney as your spokesperson can help.
• Use discovery wisely: Spouses have the right to conduct discovery during divorce, but improper questions and tactics can fuel conflict, so defer to your attorney’s counsel on discovery.
• Keep records: Document your actions and those of your spouse, especially during high-conflict moments. Preserve this evidence for your attorney’s use.
• Be on your best behavior: Follow court orders and act as though everything you say or do could end up in court because it might.

How We Can Help

Our family lawyers bring the following to the table for our high-conflict divorce clients:

• Extensive experience with Kansas divorce law, the rules of civil procedure, and the rules of evidence
• Use of the discovery process to help ensure transparency and fairness during the divorce
• Assisting with contempt proceedings, discovery sanctions, and other means of enforcing court orders and obligations
• Consulting expert witnesses, such as forensic accountants, where necessary
• Handling all communications with the other spouse or their lawyer
• Aggressive but tempered representation each step of the way

When Conflict Arises, Count on Our Guided Counsel

We understand the frustrations that unnecessary contention can cause, which is why we offer strong and steady legal advocacy. Get started today by contacting Joseph, Hollander & Craft.

We are located just off I-435 and HY-69. For your convenience, we also have offices in Kansas City, Lawrence, Topeka, and Wichita.