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Understanding The Different Types of Divorce Lawyers
The attorney you choose to handle your divorce can significantly impact the outcome. Attorneys with different backgrounds and service offerings bring unique styles and approaches to the table. The way your attorney approaches divorce will shape the trajectory of your case. Let's explore how different lawyers employ different styles of practice.
1. The Fighter: Litigation as a Tool
Traditional divorce lawyers are known for their adversarial approach. This has earned them the moniker of "fighters." These attorneys are adept in courtroom battles. They leverage their litigation skills to fight for clients' interests vigorously with legal arguments, cross-examination of witnesses, and presenting their clients’ cases to a judge. While this style will secure a judgment, it can also escalate tensions, prolong the divorce process, and increase attorney fees and the total cost of the divorce.
Unfortunately, as former litigators, we have seen that even the clients who “win” their case do not walk away feeling happy about the result of their litigated divorce.
2. The Attorney Who Offers Litigation as well as Non-Adversarial Solutions
The vast majority of divorce lawyers in New York offer both adversarial and non-adversarial divorce services. While this can be advantageous if you’re not sure which direction your divorce is going, if you’re seeking an amicable, non-adversarial divorce, you may find yourself in litigation if your spouse hires an attorney who is more focused on fighting. Inevitably, if one attorney is adversarial, the other will be forced to utilize those tactics as well.
3. The Peacemaker: Facilitating Constructive Dialogue Through Mediation
On the opposite end of the spectrum are divorce lawyers who follow a peacemaking approach by playing the role of a neutral, third-party mediator. Mediators facilitate open communication between you and your spouse to help identify agreeable solutions by focusing on cooperation and negotiation. Rather than imposing decisions or opinions, mediators guide the conversation, allowing you and your spouse to find common ground and compromise on the issues related to your divorce. This approach empowers you to have more control over the outcome and promotes a sense of ownership in the resolution process.
4. The Collaborator: Building a Divorce Team for a Better Future
Also on the non-adversarial end of the spectrum are Collaborative Divorce lawyers. Collaborative attorneys work to find creative solutions without resorting to litigation. The collaborative process involves the inclusion of two collaboratively trained attorneys (one for each spouse) a neutral financial professional and a mental health professional who work together to help address the legal, financial, and child-related aspects of your divorce. In a Collaborative Divorce, like Mediation, you and your spouse have more control over the process and the outcome. You can be sure that each collaborative attorney is taking a non-adversarial approach and will focus on finding common ground to reach a more sustainable and mutually beneficial agreement.
Choose a Divorce Attorney That Best Suits Your Situation
Choosing the right divorce lawyer is an important decision that will shape the entire legal process and the outcome of your case. Each style presents unique advantages for different situations. You’ll want to select an attorney whose approach aligns with your desired outcome and values. If you are considering divorce but have yet to choose a divorce process, our attorneys can provide Pre-Divorce Guidance to steer you in the right direction by evaluating your situation and making tailored recommendations. For more information and to schedule your free introductory call, contact us online or call (212) 768-1115.
Vacca Family Law Group is located at One Grand Central Place, 60 E. 42nd St. Suite 764, New York, NY 10165.
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