What You Need to Know About Divorce Mediation Requirements in California
Mediation is a process that is designed to help couples come to agreements on various issues, including child custody, child and spousal support, and property division, before getting a divorce. Here’s what you need to know about mediation before a California divorce.
Mediation is not required before getting a divorce in California. However, it can be beneficial for some couples, and is a good option to consider.
What Is Divorce Mediation?
Divorce mediation involves an unbiased person (known as the mediator) helping a couple reach an agreement on various issues, including issues like child custody, child and spousal support, and property division, by helping them talk through the issues in a manner that facilitates the couple’s decision making. The mediator does not make any decisions; instead, they focus only on leading the couple’s conversation to help them come to decisions on their own.
Related: Divorce Mediation in California: What You Need to Know
While the mediation may not result in the couple coming to an agreement on every single issue, it can clarify the issues the couple needs to focus on, and can prepare them to resolve these issues in a trial setting if necessary.
Related: What Happens If Divorce Mediation Is Unsuccessful?
What are the Benefits of Divorce Mediation?
Mediation gives the couple control in their decision-making process. The mediator merely facilitates conversations that will help the couple come to agreements on their own. This can be beneficial in helping the couple come to an agreement that is truly best for both parties, because they know and understand their relationship the best, especially in comparison to a judge, who will never be as familiar with the couple’s relationship and family life as the couple is.
In situations where a couple can come to an agreement on all issues relevant to their divorce, mediation can also save couples time and money. The mediation process generally takes between three to six months, although this can differ depending on each couple’s individual circumstances. Additionally, because the couple will have come to an agreement, they can file a marriage separation agreement, and don’t need to appear in court.
Related: 7 Benefits of Divorce Mediation in California
FAQs About Mediation Before a California Divorce
Is mediation required to get a divorce in California?
No, mediation is not required. Mediation is a process that is available for couples to reach a divorce agreement outside of a court setting. If a full agreement can be met, mediation can help couples save time and money because they don’t have to appear in court, and can instead file a marriage separation agreement. However, even if the couple is not able to come to an agreement on all relevant issues in ending their marriage, mediation can help them focus on the issues they need to have a judge resolve.
What is a marriage separation agreement?
A marriage separation agreement is an agreement that can be filed with the California state court if you and your spouse have come to an agreement on all issues related to your divorce. To be eligible for a marriage separation agreement, the petitioner (you or your spouse) must have served the divorce petition and summons, and the respondent (you or your spouse) defaulted, meaning that they did not respond for more than 30 days. You must also have a written agreement about your divorce (which can be created through mediation).
How can I find a mediator?
The California state court recommends looking for a mediator in your local telephone directory or online, contacting a local community organization or bar association, or contacting your local court to see if they have a mediation panel.
Related: How to Find the Best Divorce Mediation Near Me
Contact Us
If you have any more questions about mediation before a California divorce, contact us. We’ll get you in touch with the most qualified Divorce Mediation Attorney for your unique legal situation. Your first consultation is free!