Are you divorcing an angry spouse?

It is normal for people going through divorce to experience a wide range of emotions, including feeling hurt, anxious, worried, depressed, and angry. In some cases, a party may become unreasonably angry and determined to “make [the other party] pay.” When a party is entrenched in anger to the extent that it affects their ability to use good judgment, it can create a hurdle in resolving a case in an efficient manner. Cases in which a party is overly angry and fixated on getting revenge are more likely to go to trial, where a judge must decide the outcome of the issues in controversy.

A party who is angry and vengeful may prefer to roll the dice and go to court rather than to negotiate in good faith outside of court, since prolonging the uncertainty and expense of litigation is likely to cause distress for the other party. Lawyers can make recommendations and advise clients as to the best course of action, but a lawyer cannot tell a client what to do or make the client accept a settlement offer. In family law cases, one of the worst combinations of an attorney-client relationship is that of a vindictive party who wants to deliberately prolong the legal process out of spite or vengeance, and an attorney who is willing to perpetuate the litigation so long as his or her attorney fees are being paid.

If a vengeful party has enough money and a lawyer willing to take on the challenge, restrictive and inflexible positions can lead to years of litigation and be emotionally and financially devastating to the other party, whose options may be limited to either (1) paying an attorney to continue to fight for his or her fair share of marital assets, or (2) settling for less than he or she is entitled to receive in order to end the stress and expense of litigation. Either way, it can present an expensive and unfortunate dilemma for the party who is a reluctant participant.

There are remedial measures that can be taken when one party misuses or attempts to abuse the legal process as a means of deliberately harassing or causing hardship for the other party. A judge can issue sanctions against a party (including requiring such party to pay the other party’s attorney fees) for filing a frivolous lawsuit or claims, failing to cooperate in legal proceedings, or deliberately delaying or obstructing the legal proceedings. However, a judge may be unaware of the degree of underlying acrimony that is fueling the conflict and litigation. Further, there is often a fine line between a party’s valid legal argument and their position of stubborn resistance.

The attorneys at Siemens Family Law Group understand that divorce can be a traumatic life event that can sometimes bring out the worst in otherwise good people. We strive to assist clients in resolving their family-related legal matters as quickly and as amicably as possible. However, we are also pragmatic and know this is not possible in every case. Regardless of the issues in dispute and the personalities involved, you can count on the attorneys at Siemens Family Law Group to provide you with zealous legal representation in the courtroom or at the negotiating table. Our attorneys have decades of trial experience, and we are committed to helping our clients reach a successful resolution of their family-related legal conflicts.

Jim Siemens

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This article is intended for information purposes only and is not to be considered or substituted as legal advice. This article is based on North Carolina laws in effect at the time of posting.