Divorce mediation is often a great way for couples to work out their differences and reach agreements about divorce. Here is everything you need to know about when a divorce is final after mediation in California.
Divorce mediation is a setting in which an impartial third party helps couples come to a mutually acceptable divorce agreement. After mediation is completed, there are only a few more steps that couples have to take in order to finalize their divorce. All California divorces have a waiting period of 6 months, meaning that no divorces can be finalized until at least 6 months after the petitioner filed for divorce. This means that all divorces will take longer than 6 months, but no divorce cases are allowed to be open longer than 5 years.
What is Divorce Mediation?
Mediation is a way for couples to resolve their divorces outside of the court so that they have more power over their assets and child care schedules. In mediation, an impartial person (the mediator) helps couples come to an agreement that they can both accept. The mediator does not make decisions for couples, but rather helps them talk through their differences, wants, and needs so that couples can be happy with the outcome of the agreement. Mediators cannot force people to agree to anything; agreements must be reached freely and willingly.
Related: Divorce Mediation in California: What You Need to Know
What Happens After Divorce Mediation in California?
Divorces can be finalized relatively quickly after mediation with just a few steps. Couples will work out all the details of their divorce during mediation. If both spouses can agree on all issues, the finalization of the divorce is no more than filling out a few forms and filing them with the court. Couples will have a final review hearing as well.
When Is a Divorce Final After Mediation in California?
When a court approves a divorce order, the couple who submitted the order should not assume that their case has been finalized. California has one of the longest waiting periods after a divorce petition has been filed. There is a waiting period of at least 6 months, and there are no exceptions. Even if couples reached a full agreement in mediation and the court approved the agreement, 6 months will still need to pass before the court can issue the final divorce. This lengthy waiting period was put in place to ensure that both spouses are truly committed to dissolving their marriage. A longer waiting period provides couples with the time to gain perspective and possibly pursue reconciliation. This waiting period begins when the petitioning spouse files for divorce. This means that a couple only has to wait for their divorce to be finalized if their divorce process took less than six months. Sometimes the process can be even longer, depending on when couples decide to file and on the couple’s specific situation. Normally, the court gives couples up to 5 years to finalize a divorce, and after that time has passed, they will close the case and couples will have to restart the process.
Related: 6-Month Waiting Period for Divorce in California
While waiting for the divorce to be finalized, couples should discuss intermediary measures with their attorney. Couples will need to decide:
- How to pay joint debt and expenses,
- Living arrangements and costs,
- Ownership and management of jointly owned businesses.
Couples need to be careful of their finances and parental responsibilities during the waiting period to avoid jeopardizing the agreement in place before their case is finalized. Couples should also have a plan in place to prevent new issues from arising while waiting for the court to finalize their divorce. It is also important for couples to keep in mind that California’s divorce law includes provisions for temporary orders during the divorce process.
Finally, couples should also keep in mind that a divorce can only be finalized by a court order. There is no such thing as an “automatic” divorce when the six-month waiting period ends.
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If you have any more questions on when a divorce is final after mediation in California, contact us. Get your free consultation with one of our experienced Divorce Mediation Attorneys to discuss your unique legal situation.