Is your divorce high-conflict? The seven markers
Seven markers, a threshold of three. Find out whether you need a protocol or a negotiation, because the wrong one does damage either way.
When you need this
You have been told to “just communicate”. You have tried. Every message, however it begins, ends in the same place, and you have started to wonder whether the advice is wrong or whether you are.
Before you change how you behave, you need to know what kind of divorce you are actually in. The rules for a peaceful divorce and the rules for a high-conflict one are close to opposites. Used in the wrong place, each set does harm.
Most divorces are not wars. They end in an agreement, a division, two new lives. The protocol in the book is not for them; it would damage them. The book says it in one line:
Applying war rules to a peaceful divorce produces a war.
The seven markers
These are the markers by which the book recognises a high-conflict divorce. Read them against the last year, not against your worst evening. Nothing you tick is stored or sent anywhere; the count lives in this page and disappears when you close it.
Tick the markers that describe your situation as it is today, not as it was on its worst day.
Nothing is stored or sent. The count lives only in this open page.
How to read your count
Three or more markers: in the book’s words, this protocol is for you. Fewer than three: negotiate, give way, build. The normal rules apply.
The threshold matters because both mistakes are expensive. A parent in a genuinely high-conflict dispute who keeps offering goodwill gestures hands over material, month after month. A parent in an ordinary, painful, low-conflict divorce who starts answering in four cold sentences and refusing phone calls builds the very conflict the checklist was meant to detect.
A wrong diagnosis costs more than the illness, in both directions.
If the count is three or more: three rules
The book draws here on the literature on high-conflict divorce, above all the work of Bill Eddy, and then adds three rules for using that knowledge, because it is as dangerous as it is useful.
- You recognise a pattern; you do not hand out a diagnosis. A diagnosis belongs in a clinic. A clinical label spoken at a hearing or in front of your child is ammunition against you. The pattern serves you privately: to predict moves, to stop expecting behaviour that will not come, to stop explaining.
- You look for the same traits in yourself. This is the part everyone skips. A dispute that lasts for years produces black-and-white thinking, anger that flips on an email and bending the rules “because they started it” in a perfectly healthy person. The book’s test: does your behaviour outside the dispute increasingly resemble your behaviour inside it? If it does, the dispute is formatting you.
- The other side’s structure changes your strategy, not your goal. The goal stays the same: the interest of the child. But negotiation techniques made for calm people stop working. A compromise is read as weakness, a goodwill gesture as an admission, giving way as an invitation to the next demand.
What does work, according to the book, is short enough to memorise: boundaries without explanation, consistency without exception, documentation without emotion. The other tools in this section are those three things in practice.
A worked example
The divorce has taken fourteen months. One agreement about the summer was broken, and there was one ugly exchange of messages afterwards. Handovers are tense but uneventful, and school matters get sorted by a short call. Count: one, perhaps two. This is a hard divorce, not a high-conflict one. Negotiate, give way, build.
Four years in, the contact schedule is still not settled. The same three accusations return with every new occasion. A message about a dentist’s appointment turns into a message about character. The child brings requests about money. Two relatives and a teacher have been enlisted. Count: five. Parent B needs a protocol, and needs it in writing.
What this is not
- It is not a diagnosis of the other parent. The markers describe a conflict, not a person. Recognise the mechanism; never diagnose the person. Respect the person, watch the pattern.
- It is not a verdict on who is to blame. Rule two applies to whoever is reading this page.
- It is not a safety assessment. A person who is a victim of violence deserves protection, unconditionally. If you or your child are in danger, this page is not your first step: your local emergency number and domestic-violence services are.
- The pattern has no gender. The book was written from a father’s chair, but the same moves are made by fathers and by mothers, and these tools work the same way for either.
- Nothing here is legal advice. Procedure, deadlines and the names of institutions differ from country to country; a lawyer who practises family law where you live is the person to ask.
Beneath the Divorce, ch. 16 (“Protocol”), section I
The seven markers open the book’s operational guide to a high-conflict divorce. The three rules further down come from section II of the same chapter.
“Beneath the Divorce” is the working title of a book by Miroslav Ćurčić. It is still being written. The chapter this tool comes from is finished; the book is not.
About the book →Questions people ask
What is a high-conflict divorce?
In the book it is a divorce recognised by seven markers: proceedings that last for years while the core questions stand still, recycled accusations, communication that always ends in escalation, agreements that hold only until they can be broken, a child used as channel, messenger or argument, third parties drawn in as troops, and a side that treats the conflict as a means rather than a problem.
How many signs mean my divorce is high-conflict?
The book sets the threshold at three of the seven markers. With three or more, a strict protocol is appropriate. With fewer than three the advice is to negotiate, give way and build, because applying war rules to a peaceful divorce produces a war.
Does a high-conflict divorce mean the other parent has a personality disorder?
No. The book’s first rule is that you recognise a pattern and do not hand out a diagnosis. Diagnosis belongs to clinicians. A label used at a hearing or in front of a child works against the person who uses it. The pattern is only there to help you predict moves and stop explaining.
Can co-parenting work in a high-conflict divorce?
Cooperative co-parenting assumes two adults who can reach agreements. Where that assumption fails, the book recommends parallel parenting: two domains, minimal contact, and only the necessary information exchanged in writing, according to the plan.
Is my result saved anywhere?
No. The checkboxes run entirely in your browser. Nothing is stored, nothing is sent, and the count is gone when you close or reload the page.
Related tools
Do you recognise this?
The tools are the practical half of the book. The other half is recognition: moments that parents in a long dispute describe in almost the same sentences. Read them and see which are yours. A pattern you can see loses some of its power.
Do you recognise this? →