Trial Lawyers Discuss Divorce and Court/Martin Rosenfeld

Posted on February 7, 2012


A recent post in the Divorce section of the HuffingtonPost is authored by Attorneys J. Richard Kulerski and Kari Cornelison. The title of their post is “What Do Divorce Lawyers Do in Their Own Divorces?”. The title raises our interest. What indeed is the “secret” ready to be disclosed?  The answer is somewhat transparent.  Attorneys will avoid court trials in their divorces; they will strive to reach an agreement with their spouse. The authors present a number of factors that prompt the decision to avoid litigation. For those who know something about mediation, the factors present a familiar litany. There is no emotional satisfaction that arises from litigation and confrontation. The court system is slow and taxes the patience of the parties. There are no real winners in divorce battles. A trial can rise to the level of mental cruelty. Why prepare for the ordeal of trial if more than 90% of divorces will never get to trial? The Court cannot assuage the pain that exists within each of the parties in a contested trial. That is not its purpose. The pain of family members rises with the likelihood of protracted and traumatic Court trials. In short, there are no positives in divorce trial; the many negatives dominate.

The article is worth reviewing. Want to go to trial? Think it over and gain insights from those who practice in the court system. No one wins in contested trials in the divorce area. In mediation, on the other hand, the goal is Win-Win. The choice is yours. I would opt for divorce mediation. Mediation works.