Getting Informed: What is a High Conflict or Malignant Divorce?

High conflict divorces, also known as malignant divorces, are unfortunately prevalent in today’s society. The term “malignant divorce” was coined by Dr. Mark Banschick to describe divorces characterized by high conflict and destructive behavior, including “scorched earth” and “win-at-all costs,” approaches. High conflict divorces are some of the most costly and protracted divorce proceedings that I have seen during my over 25 years of practicing family law. While exact statistics can vary depending on the source and methodology of the study, here is  some key information to understand high conflict divorces:

1. Prevalence: High conflict divorces are estimated to account for approximately 10-15% of all divorces. While the majority of divorces are resolved amicably, a significant portion involves heightened levels of conflict and hostility.
2. Duration: Compared to low-conflict or uncontested divorces, high conflict divorces tend to drag on for a longer duration. Research suggests that these divorces can take up to two to five times longer to resolve through litigation or court proceedings.
3. Impact on Children: Children of high conflict divorces are particularly vulnerable to emotional and psychological distress. Studies have shown that children exposed to ongoing conflict between their parents are at a higher risk of developing behavioral problems, anxiety, depression, and academic difficulties.
4. Legal Costs: High conflict divorces often incur significantly higher legal costs compared to amicable divorces. The adversarial nature of these divorces, coupled with frequent court appearances and prolonged litigation, can result in substantial financial burdens for both parties.
5. Co-Parenting Challenges: Co-parenting during and in the aftermath of a high conflict divorce can be exceptionally challenging. Hostile communication, power struggles, and differing parenting styles can impede effective co-parenting and negatively impact the well-being of the children involved.
6. Emotional Toll: The emotional toll of high conflict divorces extends beyond the legal realm. Both spouses may experience heightened levels of stress, anxiety, anger, and resentment, which can affect their mental health and overall quality of life.
7. Reconciliation Rates: Despite the intense conflict associated with high conflict divorces, some couples may attempt reconciliation multiple times before ultimately proceeding with the divorce. This cyclical pattern of separation and reconciliation can further exacerbate emotional distress and prolong the divorce process.
8. Increased Post–Divorce Litigation: Research suggests that a significant percentage of divorced couples, especially those who were high conflict during the divorce, continue to engage in some form of post-divorce litigation or legal conflict. While the exact percentage varies, estimates suggest that anywhere from 10% to 25% of divorced couples return to court for ongoing disputes.

While these statistics paint a sobering picture of the challenges associated with high conflict divorces, it’s essential to remember that resources and support are available to help couples navigate this difficult terrain. And that it is especially important to make sure you have the right team if you believe you will be facing a high conflict or malignant divorce. For more information about how we can help you navigate your high conflict divorce or family law issue, contact us online or call us to schedule a consultation with experienced family law attorney Georgia Fraser, Esq. 609-223-2099.