Initiation
1. First Meeting
To begin, the parties meet with the mediator for an orientation about the process and to reflect on their goals for a resolution and come up with a plan to get through the process.
2. File the Petition
If the parties have not already initiated a legal proceeding (parentage, divorce, domestic partnership dissolution), the mediator will file the Petition and other required paperwork.
The parties do NOT have to go to Court to file the Petition; we take care of filing the Petition and serving it properly.
3. Exchange Your Financial Information
Each party to a family law action is required by statute to disclose certain information to the other party.
We will help you with the forms, get them in proper order, and ensure that each party properly exchanges their forms as required.
If necessary, the mediator will also facilitate the informal exchange of any additional information that one or both parties need to review.
Negotiation
4. Hire Neutral Experts?
Maybe. Only if we need to. In some cases, the parties will require the opinion of neutral experts before they are prepared to enter into a settlement. Such experts could include real estate appraisers, forensic accountants, business valuators, vocational evaluators, or other custody professionals. Acknowledging that many people choose mediation to avoid the many costs and expenses of trial, our policy is to only hire additional experts if the parties truly need it.
5. Negotiate the Terms
Once the parties have sufficiently exchanged information, they are ready to negotiate a settlement. The length and number of sessions required to complete a successful mediation varies greatly depending on the parties and the complexity of the issues.
6. We Summarize Your Agreements
Once the parties have made agreements, the mediator will provide a draft term sheet for you to review.
7. Attorney Review?
If you wish.
You actually do not need to have a lawyer to get divorced in California.
Our official policy is that we encourage you to have agreements reviewed by independent legal counsel, but it is NOT mandatory.
If at any time you feel you need to consult with a lawyer -- such as, for example, before you sign something -- you will be given every opportunity to do so.
Finalization
8. Marital Settlement Agreement
Once the parties confirm their general agreement of the terms we will prepare a Marital Settlement Agreement, custody agreement, for your final review before signing.
9. Document Signing
Once the Parties have approved the Marital Settlement Agreement as written, we will host a signing meeting to notarize your settlement document and sign other forms required by the Court for submission.
If one party is not local, we can assist you in properly executing the document remotely.
10. Submit to Court for Judge's Signature
Once everything is signed and notarized, we will send all the documents back to the Court along with any other documents required by the Court to enter a divorce.
After we submit your settlement to the Court we ... wait.
The court can take from several weeks to several months to review your documents and return the Judgment to us.
Once the Judgment is returned, we will know your divorce date and provide you with all the important documentation.