If I use divorce mediation, will I have to go to court?
In California, couples who use mediation can obtain a complete, legal divorce without ever having to go to court. In fact, the Judicial Branch of California officially recommends that all couples consider divorce mediation as a way to save money while avoiding the hassle and stress of court appearances.
But mediation does not prevent a couple from going to court. For example, a couple may use mediation to create agreements about property and custody, then still choose to go before a judge to resolve issues of spousal support. In these cases, using mediation to resolve some issues out of court still saves the couple time and money.
For those couples who resolve all issues through mediation, court appearances are unnecessary and the divorce can be finalized by mail. A trained mediator can draw up all of the necessary paperwork and guide the divorcing parties through the process.
Other Frequently Asked Questions about Mediation
- How can I know that my mediator will be neutral and unbiased?
- How do I choose a divorce mediator?
- How long will it take to finalize our divorce using mediation?
- How much does divorce mediation cost?
- If I divorce through mediation, will I need a lawyer?
- If I use divorce mediation, will I have to go to court?
- Is mediation the same as collaborative divorce?
- What are the residency requirements for the divorce of a same-sex couple in California?
- What if we begin mediation, but we find that we cannot agree on some issues?
- Will a divorce impact my ability to collect Social Security benefits on the work record of my ex?