Difference Between A Divorce Settlement And Divorce Resolution

The difference between a divorce settlement and a divorce resolution is that most family law attorneys are very familiar with clients who have reached a settlement in their divorce, and yet who return time and again for new post-divorce legal proceedings, such as modifications. The past clients visit their attorneys with issues relating to parenting (child custody and visitation), child support, spousal continuance or other family law matters. The difference between a settlement and a resolution is simply that a settlement addresses merely the narrow legally-defined issues for divorce and separation; a divorce resolution addresses more. Family law attorneys generally think in terms of addressing the issues defined by divorce law and tend to ignore or brush off anything that cannot be addressed through the legal lens. The problem with that approach is that merely addressing legal issues like the property division, spousal maintenance, parenting plan, and child support, leaves the underlying conflict unresolved. While the legal issues in divorce are important, when the conflict is not resolved, it tends to create problems later. In other words, solely addressing the legal issues in divorce can be an incomplete approach. To arrive at a more complete divorce resolution, both the legal issues and the source of the conflict need to be addressed as part of the divorce. Doing so creates a better divorce outcome, results in a resolution with durability, does not unnecessarily damage important relationships, and reduces the likelihood of divorce lawyer involvement in the future. Certainly, a divorce settlement is an enormous improvement compared to not settling your divorce. Often, a divorce settlement is all that can be achieved. Resolution addresses the conflict. When a couple reaches resolution in a divorce, it does not mean they stay together; instead, it means that they leave the marriage with integrity and with far less damage. There is a very strong emotional component in any conflict, especially in divorce. Reaching a resolution in divorce is related to acceptance of self and other in addition to addressing the legal issues. Not every divorcing spouse is interested in resolution; those who value the possibility of deeper resolution in their divorce may wish to consider two things. First, do their divorce lawyers and other professionals have the awareness and skill set to increase the likelihood of reaching resolution in the divorce? Second, is the chosen divorce process well-suited to allow for resolution, and restructuring families and relationships without inherent collateral damage? Most people understand that divorce court and adversarial divorce (including settlements reached after an adversarial process including settlement conferences) usually result in collateral damage. Conventional divorce legal representation is highly unlikely to allow for anything more than either a divorce settlement or an adjudicated outcome. Collaborative divorce and divorce mediation are two processes that can be structurally conducive for deeper resolution in your divorce. If a durable resolution in your divorce is consistent with your values, then you should investigate the possibilities of a Collaborative Divorce or divorce mediation with divorce lawyers and other professionals who can support you with that option.