Getting Started
Start by understanding your options. In California, you don't necessarily have to go through a courtroom battle. Mediation and collaborative divorce allow couples to work through their issues privately with professional guidance. A consultation can help you determine which process may be right for your situation.
- Mediation: A neutral mediator helps both spouses negotiate and reach agreements on issues such as property, support, and custody. The mediator does not represent either spouse.
- Collaborative Divorce: Each spouse has their own attorney, while the team works together to resolve the case without going to court. Financial and child specialists may also be involved.
- Court Divorce: Each spouse has an attorney representing their interests, and a judge decides any issues the spouses cannot resolve themselves.
Mediation and collaborative divorce can often be less costly, more private, and less adversarial than litigation.
Not necessarily. A mediator remains neutral and does not represent either spouse. However, many people choose to have a consulting attorney review their agreement before signing, particularly when significant assets, businesses, or retirement accounts are involved.
Mediation generally works best when both spouses are willing to communicate honestly, share financial information, and negotiate in good faith. It may not be appropriate when there is domestic violence, significant financial concealment, or an unmanaged power imbalance. A consultation can help determine whether mediation is suitable.
The Divorce Process & Timeline
The timeline varies depending on the complexity of the case and how quickly both spouses reach agreements. It can take several months or longer. California also has a mandatory six-month waiting period before a divorce can be finalized.
Generally, the process includes:
- Filing a Petition and Response, or filing a joint petition.
- Exchanging required financial disclosures.
- Negotiating and documenting agreements.
- Resolving any remaining issues.
- Submitting the final documents to the court for approval and judgment.
With mediation or collaborative divorce, much of the negotiation takes place outside of court.
Usually, no. If you and your spouse reach a complete agreement, the necessary paperwork can be submitted to the court for review and approval. In many cases, neither spouse needs to appear in person.
Generally, at least one spouse must have lived in California for the previous six months and in the county where the divorce is filed for at least three months. If you do not yet meet these requirements, you may be able to file for legal separation.
Money & Property
California is a community property state. Generally, assets and debts acquired during the marriage are considered community property, while property owned before marriage or received individually as a gift or inheritance may be separate property. There can be exceptions, particularly when separate and marital assets have been combined.
Both spouses are generally required to provide complete financial disclosures. In mediation, the mediator can help both parties gather and organize the necessary financial information.
It depends on factors such as the length of the marriage, each spouse's income and earning capacity, and the marital standard of living. Spousal support is often one of the issues negotiated during mediation or collaborative divorce.
California uses statewide guidelines based primarily on factors such as both parents' incomes and parenting time. Parents may sometimes agree to different arrangements, subject to applicable legal requirements and the child's best interests.
Children & Custody
California generally distinguishes between:
- Legal custody: The right to make important decisions about a child's health, education, and welfare.
- Physical custody: Where the child lives and how parenting time is shared.
Parents can develop a parenting plan together through mediation or collaborative divorce.
In many mediated and collaborative cases, children do not need to appear in court. If parents cannot agree on custody issues, the court may become involved and may appoint or recommend professionals to assist with custody-related matters.
This is a common concern for parents. Child specialists and co-parenting professionals can help parents communicate with their children in an age-appropriate and supportive way.
Working With Clarus Law
Clarus Law focuses on out-of-court family law solutions, including divorce, custody and visitation, child and spousal support, property division, legal separation, nullity, and premarital or cohabitation agreements through mediation and collaborative divorce.
You can discuss your situation, ask questions, and learn more about whether mediation or collaborative divorce may be appropriate. There is no obligation to commit to a particular process afterward.
The cost depends on the complexity of your case and the process you choose. Mediation and collaborative divorce can often be less expensive than prolonged litigation. Specific fees can be discussed during your consultation.
Generally, yes. If mediation is unsuccessful, either spouse may choose to proceed through the court system. In collaborative divorce, however, the attorneys generally withdraw if the case moves to litigation because the collaborative process is designed specifically to resolve matters outside of court.
Even amicable couples can benefit from professional guidance. A mediator can help ensure that the agreement is complete, legally appropriate, and addresses important issues that may otherwise be overlooked.
Legal Disclaimer
This FAQ is provided for general informational purposes only and does not constitute legal advice. Every situation is different. Please contact Clarus Law directly to discuss your specific circumstances.