High Conflict Divorce – the Contested Divorce
When there are few if any areas of agreement between spouses, it is important to properly prepare for the contested divorce.
If there are several contested issues or you and or spouse simply lack the civility necessary to proceed without a third party, it is probably in your best interest to retain an attorney up front.
Domestic abuse is defined in Minnesota Statutes as “Physical harm or fear inflicted by a family member or criminal sexual conduct committed by a family member.”
If you or your children experienced violence during your marriage, the very first step in the dissolution process is safety is important to provide your attorney with this information earlier rather than later in the dissolution process. Nubson Law can assist you in understanding your options, preparing a Petition for an Order for Protection (OFP) and subsequent steps to attaining the OFP. Whether you decide to proceed with an OFP or not, knowing the circumstances of the marital relationship can assist your attorney in preparing the case.
In some cases, concerns for safety and well-being surface after your spouse learns of your decision to get a divorce. Whether it’s threats of physical harm, withholding joint assets or exclusion from the family home. Nubson Law can help you understand your options and take appropriate steps.
Safety concerns may require an OFP or putting in place temporary orders to ensure safety and financial stability for both spouses as well as stability for any children involved.
Safety may not be issue but civility may be when their are few, if any, areas of agreement.
High Conflict Divorce
Nubson Law can assist you through each stage of the dissolution process, and the more work done upfront, the less there may be to do down the road. Even in high conflict divorce proceedings there may be room for settlement on some if not all issues.
Settlement is most successful when there has been sufficient discovery. The time, place, and circumstances of settlement is affected by safety concerns, spouses, and attorneys.
Settlement discussions can and do continue throughout the process. Any matters not resolved by the start of the trial are issues for trial.