What Constitutes a High Conflict Divorce in California?
In California, a high conflict divorce is a legal process that is characterized by intense and ongoing hostility between the two parties. These types of divorces often involve a high level of animosity, bitterness, and anger between the spouses, which can make it difficult to negotiate the terms of the divorce or to come to an agreement on issues such as property division, child custody, and spousal support.
Some common features of high conflict divorces include:
- Frequent court appearances and legal battles
- Disagreements over child custody and visitation arrangements
- Accusations of abuse or neglect
- Difficulty communicating with each other or working together to resolve disputes
- Attempts to sabotage or undermine the other spouse’s efforts to move on with their life
- Emotions that can be intense and difficult to manage, including anger, fear, and sadness
California, like most other states, follows a “no-fault” divorce system, which can make high conflict divorces particularly challenging. In no-fault divorces, a spouse does not have to prove that the other spouse was at fault for the breakdown of the marriage in order to obtain a divorce. This can make it more difficult to assign blame or to justify certain demands or requests during the divorce process.
You might think this would have the reverse effect and deter high conflict, but parties who feel wronged but do not have those feelings validated through the court system may refuse to compromise, and the other party reacts. Thus, you have a high conflict divorce that can be costly in more ways than mere finances.
What Constitutes a High Asset Divorce in California?
High asset divorces refer to a type of divorce in which the couple has substantial assets and/or income to divide. In these divorces, the financial stakes are high, and the process can be more complex than a typical divorce. High asset divorces can involve a wide range of assets, including real estate, businesses, investments, retirement accounts, and valuable personal property.
Some common features of high asset divorces include:
- Complex financial issues. In high asset divorces, there may be complex financial issues that require special expertise to resolve. This can include valuing assets, determining income and expenses, and assessing tax implications.
- Higher stakes. With more assets at stake, the financial consequences of a divorce can be significant. For example, a high asset divorce may result in the sale of a family business, or the division of valuable property such as vacation homes or investment properties.
- Longer negotiation times. Due to the complexity of high asset divorces, they may take longer to negotiate and settle than a typical divorce. This can be especially true if the parties cannot agree on the division of assets and the terms of the divorce.
- Need for specialized legal representation. In high asset divorces, it is often important to work with an attorney who has experience handling complex financial matters.
High assets divorces can impact not just celebrities and top CEOs, but families with businesses and other financial assets, like pensions and stocks, which today is very common.