High-Conflict Custody

Video Summary:

High-conflict divorces often arise due to strong emotions, particularly regarding children, making communication a critical factor in the legal process. In these cases, every text, email, or interaction can be documented and potentially used in court. Many spouses engage in manipulative tactics, recording conversations, or provoking negative responses to gain an advantage. Clients must be mindful of their communication, keeping all messages clear, respectful, and in writing. Using tools that help adjust tone before sending messages can prevent unnecessary conflict. The best rule of thumb is to never say, write, or send anything that you wouldn’t want a judge—or even your grandmother—to read in court.

Video Transcript:

When my clients are going through a high-conflict divorce, it is usually because strong emotions arise, particularly regarding their children. In these situations, maintaining clear and professional communication is absolutely essential.

I always advise my clients to assume that everything they say, write, or do in the presence of their spouse could be seen by a judge. In today’s digital world, spouses frequently record conversations, save text messages, and even send inflammatory messages to provoke a reaction. These tactics can escalate conflict and negatively impact a case.

People often send quick, unfiltered texts or emails without considering how their words might be perceived. The tone of these messages can sound harsher than intended when read by a third party. There are even programs available that help analyze and adjust the tone of written messages to ensure they are professional and non-confrontational.

My best advice is simple: Never write, text, or take a photo that you wouldn’t want a judge to see. Think of it this way—if your grandmother wouldn’t approve of it, don’t send it. Maintaining clean, respectful, and written communication can prevent unnecessary legal complications in a high-conflict divorce.

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