How Does Divorce Mediation Work in California?

Divorce looks different from what it looked like decades ago. The days of battling out custody and property division in a courtroom before a judge are not realistic now. Most modern-day divorces are far less dramatic, thanks to alternatives to the traditional legal process like mediation. Consequently, many people want to know, ‘How does divorce mediation work in California?’

First, it’s important to note the difference between a mediator and a divorce mediation attorney. A mediator is a neutral professional who can explain the process of mediation and walk you and your spouse through the process. A divorce mediation attorney, on the other hand, is not a neutral facilitator, but rather a legal advisor who can provide legal guidance throughout the process.

What Is Divorce Mediation?

Mediation provides divorcing couples with a casual space for working through their differences with the common goal of carving out amicable terms for a divorce. When spouses are willing to compromise and make concessions, mediation is an effective method. If the parties are not willing to find common ground, a trial divorce would ultimately be necessary to dissolve the marriage.

In 2024, there were 108,403 marital filings in California family courts. Mediation is an effective method to keep many divorcing couples in California from undergoing traditional courtroom litigation.

How Does Divorce Mediation Work in California?

Below are the general steps you can expect to take when going through divorce mediation in California, according to state divorce mediation laws.

Mandatory Disclosure

It is a requirement of mediation that both parties disclose all of their financial records and accounts. Be prepared to do so if considering mediation.

Set Goals of Mediation

When you hire a divorce mediation lawyer, they may ask you what you seek to gain from your mediation meetings. This can help your attorney provide you with the legal guidance necessary to help you meet your goals and expectations of mediation.

Mediation Meetings

Your mediation will likely consist of more than one session in which you and your divorce mediation attorney meet with your spouse, your spouse’s attorney, and the mediator. Each session can last for multiple hours. In these meetings, you may discuss various matters that must be agreed upon and settled for divorce in an effort to avoid litigation. Topics can include the following:

• child custody
• parenting plans and a visitation schedule
• child support
• spousal support
• property, asset, and debt division

Your mediator can encourage communication, explain the tasks, and answer questions neutrally. They help both parties remain calm in an effort to facilitate a productive session. Although many mediators are lawyers, they cannot offer legal advice to either party.

Hire a Divorce Mediation Attorney

A mediator cannot offer legal advice. They must remain neutral and unbiased throughout the process. However, both parties can and should hire a divorce mediation lawyer who can provide legal advice to their respective client. The two parties cannot share an attorney and must hire their own private legal representative if they wish to have one.

Hiring Other Third Parties

In some divorce mediation cases, there may be a need to hire recommended third-party professionals to shed light on a specific dispute. This might include a forensic accountant or other valuation professional.

Reaching an Agreement

Once all the issues in a divorce have been thoroughly discussed and compromised on, a legal document is drafted. This document lays out the compromises and agreements for the terms of divorce. This document is then submitted to the court for approval.

Once the document is approved by a judge, the terms of divorce become a court order, and your divorce is finalized.

California Divorce Mediation Laws

California divorce mediation cases are subject to the same state divorce laws as traditional divorce cases. First, there is a mandatory six-month waiting period from when the second party was served with the divorce petition or court summons.

Second are the California residency requirements for divorce. To file for a divorce in California, at least one spouse must be a resident of the state for at least six months. Furthermore, they must be a resident of the county where they file for divorce for at least three months.

Los Angeles County family law cases are handled by the Superior Court of Los Angeles family law courthouses.

Why Choose Us?

If you are considering divorce mediation, it is important that you hire a divorce mediation lawyer who is a certified mediation lawyer with experience in family law divorce mediation cases. The Law Offices of Ronda A. Middleton can offer you that experience. We have represented clients in countless successful mediation cases, and we would like the opportunity to do the same for you.

FAQs

How Should I Prepare for Divorce Mediation in California?

To prepare for divorce mediation in California, gather any documentation of financial accounts, assets, and debts. One component of a successful mediation is mandatory full disclosure by both parties, so preparing for this is imperative. Determine what objectives you have for mediation and communicate those goals to the mediator. Draft your ideal parenting plan, and be ready to make compromises. To optimize the outcome of your mediation, talk to a divorce mediation attorney.

What Are the Disadvantages of Divorce Mediation?

The disadvantages of divorce mediation include the lack of legal advice from the mediator. This can leave participants under-informed. With no guarantee of a resolution, if mediation fails, court costs could ensue if the parties cannot agree and the case must go to trial. The presence of domestic violence can also make mediation one-sided and unfair. To optimize the potential of mediation, discuss your case with a divorce mediation lawyer.

How Long Does Divorce Mediation Take in California?

How long divorce mediation takes in California is different for every couple. Generally, it takes a few meetings that span across a couple of months. One factor that can affect the timeline of mediation is the time it takes to gather information. The cooperation of all parties and the ability of the parties to compromise and come to an agreement are other considerations.

What Should You Not Say During Divorce Mediation?

You should not say anything that doesn’t support this common goal during divorce mediation. This is because mediation is meant to neutralize disputes in an effort to come to an agreement and finalize the divorce. This means refraining from using aggressive language. It is a good idea not to blame or threaten the other party, make demands of them, or badmouth them. It’s better to stay calm and focused on the goal of divorce mediation.

Hire a Divorce Lawyer

If you are one of the many California residents wondering how divorce mediation works in California, a divorce mediation attorney at The Law Offices of Ronda A. Middleton would love to talk with you in person. Contact our office to speak to a member of our knowledgeable and compassionate legal team.