The best advice that anyone can offer to a person who is getting divorced or is seriously contemplating getting divorced is to get a good attorney who is experienced in divorce matters and practices in the county where the parties live.

There are many different types of attorneys just like there are many different types of doctors. You would not go to a dentist for a cardiac issue. By the same token, you should not go to a criminal defense or personal injury attorney for your divorce, even if they are highly recommended by a friend or family member.

Finding a good divorce attorney should not be difficult, but it will require some effort. There are many experienced attorneys who concentrate their practice in domestic relations matters, which includes divorce as well as family law matters, such as child custody and child support. Not all domestic relations attorneys are experienced divorce attorneys. There are many experienced attorneys who excel in custody matters and have spent a lot of time in Family Court, but who are unfamiliar with divorce law and the many issues presented in a divorce as opposed to those related to determining the custody of children.

Divorce law includes many economic components that are not present in Family Court practice. This includes the identification, classification, valuation and distribution of marital property. Divorce practice includes dealing with real estate appraisers, real estate brokers, accountants, and mortgage loan officers.

In New York State there are no “specialists” among attorneys as there are with doctors. Attorneys cannot advertise as being an “expert” or “specialist.” Attorneys may and frequently do advertise themselves as “concentrating” their practice in certain areas or as “limiting” their practice to certain areas.

There also are attorneys who are general practitioners. Many of these attorneys also are solo practitioners. Solo practitioners are common throughout the state, but they make up a greater percentage of the bar upstate and in Western New York. In small towns, where there may not be many attorneys, or clients to be had, some attorneys will have a “general” practice as a matter of economic necessity. This may not be the best type of attorney to handle a contested divorce. This is not to say that all general practitioners are inexperienced in divorce matters. In fact, many have substantial experience handling divorces since divorce is among the more common types of Supreme Court cases in rural areas.

Next, there also are many different types of attorneys just like there are many different types of people. There are people who solve problems. There are people who make problems. There are people who find problems where there are none. It is the same with attorneys. The end of a marriage is the result of many problems and the cause of many others. Therefore, it makes good sense to hire an attorney who will solve problems and not create more.

This is not to say that someone should hire a wimp. Following the advice of Teddy Roosevelt, a good divorce attorney should “speak softly and carry a big stick.” This means being able to negotiate reasonably and effectively while having the ability and litigate effectively, if necessary. Some attorneys just bluster and take unreasonable positions throughout the case and then back down or back-peddle when confronted with a trial. This does no good for anyone. In fact, it is harmful. It prolongs matters, costs more money and creates more stress among the parties.

The very important topic of finding the right divorce attorney is the subject of another post on this blog.