High-Conflict Divorces: Achieving Resolution with Expert Legal Support
Author – Dafina Morina, Family Law Legal Consultant
Divorce is never easy, and high-conflict divorces can be particularly challenging, often involving disagreements on critical matters or even disputes over the divorce itself. In such situations, having a clear understanding of the legal process and the options available to you is essential to safeguarding your rights and ensuring a fair outcome. At Sterling Law, our experienced family solicitors are here to guide you through each step of the process and provide robust support if the other party resists or fails to engage with the proceedings.
Changes in Divorce Law: No-Fault Divorce
A major reform to family law in England and Wales took effect in April 2022 with the Divorce, Dissolution, and Separation Act 2020, introducing the concept of no-fault divorce. Previously, one party had to prove grounds like adultery or unreasonable behaviour or endure a period of separation. No-fault divorce is particularly beneficial in high-conflict cases, as it eliminates the need for one spouse to assign blame, helping to reduce the potential for emotional manipulation and delays.
Filing for Divorce in High-Conflict Situations
Initiating the divorce process involves filing a divorce petition with the family court, typically done online, though it can also be submitted by post. A copy of your marriage certificate is required. Once filed, the application must be served on the other party, and in high-conflict cases, they may refuse to cooperate, potentially causing delays. This is where a skilled solicitor can be essential, guiding you through any complications that arise.
Addressing Resistance to Divorce: Your Rights and Options
If the other party refuses to accept the end of the marriage, this does not prevent you from moving forward. Under the current law, if your spouse contests the divorce, they may file a formal response, but it is much harder to prevent the divorce from proceeding solely by opposing it. The court now considers only the irretrievable breakdown of the marriage, removing the requirement to prove fault. Although contested divorces may require additional hearings and take longer, proper legal representation can ensure you still achieve a fair resolution.
When the Other Party Ignores the Divorce Petition
In some cases, the other party might ignore the divorce petition altogether. If your spouse refuses to acknowledge service, there are several legal avenues to consider:
- Personal service. You may request that the court arrange for a process server to personally deliver the divorce papers, ensuring your spouse is formally notified. If needed, the court can approve a request for a process server.
- Deemed service. If there’s evidence that your spouse received the documents but continues to ignore them, you may apply for “deemed service,” allowing the divorce to proceed without their acknowledgment.
- Alternative service. When traditional methods fail, the court can authorize alternative methods of service, such as email or social media, to notify the other party.
Why Choose Sterling Law?
High-conflict divorces demand a strategic and personalized approach. Our team of expert family solicitors understands the unique sensitivities and complexities of cases where tensions run high. We provide both skilled legal advocacy and compassionate support, helping you navigate this difficult time with confidence and peace of mind. With Sterling Law by your side, you can face your divorce proceedings knowing you have a dedicated team of highly conflicted divorce attorneys working toward a just and effective resolution.
If you are experiencing challenges in your divorce, contact us today to schedule a free initial 15-minute consultation. We are committed to guiding you through this process with professionalism, understanding, and a focus on your best outcome.
