Peaceful Divorce

Board Certified Divorce Lawyers and Peaceful Divorce?

When you decide to start looking for a divorce attorney, do you think about going to a divorce lawyer who is "Board Certified"? One who has been certified by his/her peers as an "expert" who specializes in matrimonial law? Well, you may want to re-think that idea if you want a peaceful divorce.

Although it varies from state to state, the requirements for a divorce lawyer to become a board certified divorce attorney are often based upon how much time that lawyer spends in trial. Think about that. Any divorce case that goes to trial means, most likely, that it is not a peaceful divorce. It means that the divorcing couple has spent tens of thousands of dollars in legal fees and close to a year of stress-filled, adversarial interaction with each other. Does that sound like a “peaceful divorce" to you?

So be very careful in selecting your lawyer when considering getting a divorce and make sure that the attorneys you are interviewing are committed to peaceful divorce. That means that they will use every avenue available, including divorce mediation, to get you and your family through this difficult time in as sane and respectful a fashion as possible. It means that they are committed to making sure that the effects of divorce on children are minimized as much as possible.

Now I'm not saying that all board certified divorce attorneys are not on board with peaceful divorce. In fact, I know some who are. Just be mindful of how they get their certification and if you aren't sure, ask them. Are they on board with a peaceful divorce for you and your family? Can they be committed to a peaceful settlement? See what divorce advice they give you in response to these questions. Then you will have your answer as to whether or not to hire a board certified divorce attorney.

Cynthia Tiano, Esq.
"The Mediator"
Author, "Happily Divorced! Secrets of the Win-Win Formula"

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Comment by Cynthia Tiano, Esq. on May 12, 2008 at 9:27pm
Thanks for that comment Fran. It is my experience as well that most knowledgeable divorce attorneys can easily settle their cases if they use their talents to help the parties chill out and guide them through this difficult time as a team instead of allowing negative emotions to control the case.

That's where we come in!

Cynthia Tiano, Esq.
"The Mediator"
Comment by Fran Brochstein on May 1, 2008 at 4:07am
Cynthia,

I absolutely agree with you. After practicing law for over 15 years, I do not qualify in the State of Texas to take the text to become a Board certified Family Law Attorney. Why? One reason is that I do not have enough jury trial experience or appellate experience.

If an attorney can take a case to trial, they make more money.

I settle most of my cases before mediation. The rest settle at mediation. Only 1% of my cases go to trial. Why? Since I only practice family law, I know all the judges in Harris County, Texas and I can predict what they will do. Therefore, if my opposing attorney is also an experienced family law attorney, we are able to settle our cases.

Also, I strongly encourage my clients and their spouses to jointly make decisions about their minor children and not allow a strange (the Judge) to decide what is best for their children.

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