How Long After Mediation Is Divorce Final?

Divorce mediation is a process where a neutral third party helps the couple come to an agreement on issues such as child custody, child support, spousal support, and property division. The goal of mediation is to help the couple reach a mutually agreeable settlement without having to go through a lengthy and expensive court battle.

One question that often comes up during the mediation process is, “How long after mediation is divorce final in California?” The answer to this question depends on several factors, including the complexity of the divorce, the court’s schedule, and whether or not the couple has reached a settlement agreement. 

In California, the minimum waiting period for a divorce to be finalized is six months plus one day after one or both parties officially file a petition for divorce. However, this waiting period only begins after all necessary paperwork has been filed with the court, and the respondent has been served.

Understanding Mediation in California Divorce

Divorce mediation can be a useful tool for couples who want to avoid the expense and stress of settling the terms of their divorce in court. Mediation is a process where a neutral third party, called a mediator, helps the couple reach an agreement on the important issues in their divorce.

During mediation, the mediator will help the couple identify the issues they need to resolve, such as child custody, child support, spousal support, and property division. The mediator will then help the couple negotiate and compromise on these issues until they reach an agreement that is acceptable to both parties.

One of the benefits of mediation is that it is typically less expensive than going to court. The cost of mediation in California can vary depending on the mediator you choose, but it is generally less expensive than hiring an attorney and going to court.

Another benefit of mediation is that it can be a less adversarial process than going to court. Mediation is a collaborative process where both parties work together to reach an agreement. This can help reduce the stress and emotional toll of the divorce process.

Timeline After Mediation

Here is a breakdown of the general timeline after divorce mediation:

Finalizing the Settlement

After reaching an agreement in mediation, the parties will need to finalize the settlement. This involves drafting a marital settlement agreement (MSA) that outlines the terms of the divorce, such as property division, child custody, and support arrangements. The MSA should be reviewed carefully by both parties prior to signing.

Submitting the Agreement to Court

Once the MSA is finalized, it must be attached to an unfiled judgment of dissolution and submitted to the court for approval. The court will review the agreement to ensure that it complies with California law and that it is fair and reasonable. If the court approves the agreement, it will file the judgment of dissolution, which finalizes the divorce.

Judgment of Dissolution

The judgment of dissolution is the final document in the divorce process. It is a court order that legally ends the marriage and outlines the terms of the divorce. 

The timeline for finalizing a divorce in California can vary depending on the complexity of the case and the backlog of the court. However, if the parties are able to reach an agreement in mediation, the process can be much faster and less expensive than litigating the case in court.

Factors Influencing the Divorce Finalization

When finalizing a divorce in the state of California, there are several factors that can influence the timeline of the process. These factors can include the mandatory waiting period, the complexity of asset division, and child custody considerations. In this section, we’ll explore each of these factors in more detail.

Mandatory Waiting Period

In California, there is a mandatory waiting period of six months from the date of service before the divorce can be finalized. This waiting period is designed to give both parties time to consider their decision and to work out any issues that may arise during the divorce process. This waiting period cannot be waived, even if both parties agree to the divorce.

Complexity of Asset Division

The complexity of asset division can also play a role in the finalization of a divorce. If the couple has a large number of assets, or if the assets are particularly complex, it can take longer to reach an agreement on how they will be divided. This can include assets such as real estate, investments, retirement accounts, and businesses. In some cases, it may be necessary to include outside experts, such as appraisers or accountants, to help determine the value of these assets.

Child Custody Considerations

If the couple has children, child custody considerations can also impact the finalization of a divorce. In California, the court will always prioritize the best interests of the child when making custody decisions. This can include factors such as the child’s age, health, and relationship with each parent. If the couple is unable to come to an agreement on custody, the court may appoint a mediator or evaluator to help them reach a decision.

Post-Mediation Steps

After successful divorce mediation, there are several steps that need to be taken to finalize the divorce process.

Drafting the Marital Settlement Agreement

The first step after mediation is finalizing the Marital Settlement Agreement (MSA). The MSA will outline the terms of the divorce agreement that both parties have agreed upon during the mediation process. This document will include details such as child custody, child support, spousal support, and property division. The MSA must be signed by both parties to be legally binding.

Court Review and Approval

Once the MSA is signed, it must be submitted to the court for review and approval. The court will review the agreement to ensure that it meets all legal requirements and that it is fair and reasonable for both parties. If the court approves the MSA, it will become a court order, and both parties will be legally bound to follow its terms.

Issuance of Divorce Certificate

After the court approves the MSA, the final step is to obtain a divorce certificate. The divorce certificate is a legal document that proves the marriage has been legally dissolved. The court will issue the divorce certificate after all the necessary paperwork has been filed and the waiting period has passed.

Common Questions After Mediation

After successful divorce mediation, many couples have questions about the finalization of their divorce. Here are some common questions and answers:

Can Mediation Agreements Be Modified?

Once a divorce agreement has been reached through mediation and approved by the court, it becomes legally binding. However, if circumstances change, it may be possible to modify the agreement. For example, if one spouse loses their job or experiences a significant change in income, they may be able to request a modification to the child support agreement. Similarly, if one spouse wants to relocate with the children, they may need to modify the child custody agreement.

What If Spouses Reconcile?

If spouses reconcile after mediation but before the divorce is finalized, they can choose to dismiss the divorce case. If the divorce has already been finalized, it cannot be undone. However, if the spouses remarry each other after the divorce, the terms of the original divorce agreement will no longer apply.

Laguna Legal: California Divorce Mediation Services

At Laguna Legal, we understand how difficult and stressful divorce can be, and we are here to guide you through the process. Our experienced mediator, Ellie Ortiz, has been helping couples in California for over 25 years, and we are confident that we can help you too.

Our divorce mediation services offer a financially efficient alternative to potentially costly litigation. By avoiding prolonged court battles and attorney fees, our clients often save significant amounts of money. We believe that divorce mediation is a more peaceful and amicable way to end a marriage, and we strive to make the process as smooth as possible.

During our mediation sessions, we work with you and your spouse to work through the issues that need to be resolved so that your marriage can end amicably. We listen to both parties and help you find common ground to reach mutually agreed-upon solutions. Our goal is to help you both move forward with your lives in a positive way.

If you are considering divorce mediation in California, we encourage you to contact us today. We encourage you to schedule a consultation to discuss your situation and get answers to any questions you may have. We are here to help you through this difficult time, and we look forward to working with you.