Divorce is difficult under any circumstances, but when emotions run high and disputes are constant, a high-conflict divorce can feel overwhelming. We often see these cases when couples cannot agree on issues such as child custody, parenting time, or the division of significant (or even minor) assets. The stress of a high-conflict divorce can take a heavy toll on your well-being, your finances, and your children. That is why it is essential to understand your rights under Illinois law and develop strategies to protect yourself during the process.
Under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/101), the court must resolve key matters such as property division, spousal maintenance, and parenting arrangements. In high-conflict situations, these decisions are frequently challenged, leading to extended litigation. By anticipating the tactics that may be used against you and preparing your case carefully, you can preserve your financial stability and protect your relationship with your children.
A high-conflict divorce often involves repeated court appearances, disputes over minor issues, and refusal by one party to compromise. While disagreement is common in divorce, a high-conflict case is marked by constant litigation and attempts to control or punish the other spouse. In Illinois, judges have discretion to sanction parties who abuse the process, but until orders are entered, conflict can escalate quickly.
Property division in Illinois follows the principle of equitable distribution, as outlined in 750 ILCS 5/503. This means the court divides marital property fairly, though not necessarily equally. In high-conflict divorces, one spouse may try to hide assets, undervalue property, or misrepresent income. We use discovery tools such as subpoenas, depositions, and forensic accountants to uncover the truth. Having clear financial records and documentation on hand is one of the most effective ways to protect your interests.
Disputes over children are often at the center of high-conflict divorce. Illinois law requires that parenting decisions be made in the best interests of the child, under 750 ILCS 5/602.5. The court considers factors such as the child’s needs, each parent’s ability to provide a stable environment, and the willingness of each parent to encourage a relationship with the other parent. In high-conflict cases, allegations of unfitness or attempts to alienate the children from the other parent are common. We aggressively advocate for our clients to ensure parenting time and decision-making authority are protected.
When conflict is high, every interaction has the potential to become evidence in court. We often advise clients to keep communications limited, clear, and preferably in writing. Using parenting apps or structured communication methods can reduce arguments and create records that can later be presented to a judge if necessary. Protecting yourself means remaining calm and avoiding unnecessary disputes, even when the other spouse is trying to provoke a reaction.
Although many divorces can be resolved through settlement, high-conflict divorces often end up before a judge. Under 750 ILCS 5/401, either party may petition for dissolution of marriage, and the court has authority to decide unresolved issues. In these situations, we prepare aggressively by gathering evidence, lining up witnesses, and crafting arguments that highlight credibility, financial transparency, and parental involvement. A strong courtroom strategy is essential to achieving the best possible outcome.
A divorce becomes high-conflict when disputes are constant, cooperation is minimal, and one or both spouses refuse to compromise. This often results in frequent court hearings, contested motions, and higher legal costs.
Judges in Illinois have discretion to issue sanctions or limit unnecessary motions when one party is acting in bad faith. Courts focus on efficiency and may order mediation or appoint a parenting coordinator if the disputes primarily involve children.
Yes, it is a common tactic, but Illinois law provides tools to address it. Through discovery and forensic accounting, hidden assets can be uncovered. If the court finds that one spouse attempted to conceal property, the judge can order an unequal division of assets in favor of the other spouse.
Parenting disputes are often the most contentious part of high-conflict divorces. Courts will always prioritize the best interests of the child and may limit parenting time or decision-making authority if one parent engages in harmful behavior.
Mediation is still possible, but its success depends on the willingness of both parties to participate in good faith. In cases where one spouse refuses to cooperate, litigation may be the only way to resolve the disputes.
These cases often take significantly longer than uncontested divorces. While some divorces may conclude within a year, high-conflict cases can extend several years due to ongoing disputes and court involvement.
At Gordon & Perlut, LLC, we know how draining and disruptive a high-conflict divorce can be. Our attorneys are relentless advocates, prepared to fight for your financial stability and parenting rights.
Contact our Chicago divorce lawyers at our Chicago office at 312-360-0250 or our Skokie office at 847-329-0101 to arrange a free consultation. We proudly represent clients throughout Illinois and will stand by you every step of the way.