What Are Some of the Main Requirements for Divorce?

To file for divorce in California, you or your spouse must have lived in the state for at least 6 months and in the current county for at least 3 months.

How Long Does the Divorce Process Take?

The timeline can vary, especially with current court backlogs. However, once the petition is filed and your spouse is served, there is a mandatory waiting period of at least 6 months and 1 day before the court can enter a final judgment for dissolution (divorce).

Who Hires California Modern Divorce (CMD)? 

CMD assists couples who want to divorce in a collaborative and cost-effective way, without going to court. We also provide services for individuals who prefer to resolve their divorce outside of litigation.

You may be a good fit for CMD if you or your spouse meet the following criteria:

• You or your spouse have lived in California for at least 6 months.

• You or your spouse have been a resident of your county for at least 3 months.

• Both parties have reached an agreement on all issues related to child custody, visitation, support (child or spousal), and the division of assets and debts.

Or

• Both parties are willing to participate in mediation with CMD’s Mediator to reach an agreement on these key issues.

Our goal is to help you navigate the divorce process with ease, offering a fair and efficient alternative to litigation.

What Is an Uncontested Divorce? 

An uncontested divorce is when both parties agree on all key issues, including child custody, visitation, support (child or spousal), and the division of assets and debts. Once there’s agreement on these matters, the couple can enter into a Marital Settlement Agreement (MSA) or a stipulated judgment.

At CMD, we specialize in uncontested divorces, helping couples finalize their agreements without the need for court involvement, allowing for a smoother and more amicable process.

What Is a Contested Divorce?

A contested divorce happens when the parties cannot agree on one or more key issues, such as child custody, visitation, support (child or spousal), or the division of assets and debts. In such cases, couples can either try to resolve their differences through mediation or hire attorneys to represent them in court.

At CMD, we offer a more collaborative and cost-effective alternative to litigation by providing access to our experienced mediator. For couples who do not want to involve the court or hire full-time attorneys, our mediator can help resolve disagreements amicably. Additionally, CMD offers consultations with a licensed attorney on an hourly basis, so you can receive legal advice without the need to pay a retainer. This allows you to get the guidance you need while keeping costs manageable.

How Much Does It Cost for an Uncontested Divorce with CMD? 

The cost of an uncontested divorce with CMD varies based on your specific situation and needs. Typically, an uncontested divorce involving no property and minimal assets and debts can start as low as $750, not including filing fees. The court currently charges a filing fee of $435, along with other minimal fees that may apply depending on how you choose to proceed with your case.

For context, a survey conducted by Nolo.com in 2021, a leading legal information website, indicated that the average cost of divorce in California is significantly higher—approximately $17,500 for couples without children and around $26,300 for those with children. Attorneys contribute substantially to these costs, with an average fee of about $13,800. At CMD, our goal is to provide you with a more affordable and streamlined approach to divorce, allowing you to focus on moving forward with your life.

How Much Does Divorce Mediation with CMD’s Mediator Cost?

The cost of participating in divorce mediation with CMD’s Mediator varies based on your unique situation and the specific needs of your family. During the mediation process, our Mediator will discuss the outstanding issues with both you and your spouse and establish an agreement tailored to your circumstances.

CMD’s clients have invested anywhere from as little as $400 to as much as $4,000 for divorce mediation services. Please note that mediation fees are separate from the costs associated with preparing and filing your paperwork with the court. Our focus is on providing you with effective, collaborative solutions to help you navigate this challenging time.

What Happens If We Need Legal Advice?

At CMD, we understand that there may be times when you require legal advice. That's why we have partnered with an experienced attorney to offer consultations at a discounted rate for our clients. During these consultations, the attorney will discuss their hourly rates or flat fees with you, and if you agree, you can enter into your own agreement for legal advice—either on a one-time basis or as needed.

Rest assured, CMD will continue to uphold our commitment to assist you in completing the necessary paperwork until your case is finalized and a judgment is issued. We are here to support you every step of the way.

What If I Filed My Petition and Now Need Help?

If you’ve already filed your petition and need assistance moving forward, CMD is here to help. In most cases, we can guide you through the next steps in resolving your case. During your consultation, our managing paralegal will assess your situation to determine how we can best support you on this journey. Your peace of mind is our priority, and we’re committed to providing the assistance you need.

What Is Divorce Mediation and Who Is a Mediator?

Divorce mediation is a widely respected alternative to litigation, often recognized as the most amicable, affordable, and efficient way to resolve divorce matters. It can significantly reduce costs when both parties agree that divorce is the best path forward. Mediation is a voluntary and confidential process, allowing couples to work through their differences in a supportive environment.

A mediator is a neutral third party who listens to both individuals and facilitates discussions to help resolve any outstanding issues. While mediators do not provide legal advice, their primary role is to guide the couple toward finding solutions and reaching compromises that are fair to both parties. Importantly, the mediator does not impose decisions; the agreement comes from the couple with the mediator's assistance.

If the couple is unable to reach a full agreement on all issues, that’s perfectly fine. The mediator can determine whether further mediation sessions would be beneficial or if it might be more appropriate to involve attorneys and the court to assist in resolving the remaining disputes.

What Happens If We Don’t Resolve Our Disputes Through Divorce Mediation?

If disputes remain unresolved after the mediation process, CMD will conclude its services and recommend that both parties seek the assistance of their own attorneys. These attorneys will evaluate the situation and determine whether the outstanding issues need to be addressed through litigation and resolved by a judge.

Can We Hire the Mediator as One of Our Attorneys?

No, a mediator is intended to act as a neutral third party throughout the process. If the mediator were to represent one of the parties after gaining insight into the details of the marriage and each party's position, it would create a conflict of interest. This ensures that the mediation remains impartial and fair for both parties.

What Happens If We Hire CMD Thinking We Have an Uncontested Divorce, but It Later Becomes Contested?

At CMD, we specialize in facilitating uncontested divorces without involving the court. If your situation shifts and your divorce becomes contested, we will recommend you retain an attorney, who can provide the support and guidance you need. Your best interests are our priority, and we want to ensure you receive the appropriate assistance for your evolving circumstances.

How Does CMD Guarantee Its Work?

At CMD, we are dedicated to excellence and strive to provide professional and accurate services that exceed our clients’ expectations. We want you to feel confident that your investment was worthwhile. Once a couple reaches an agreement on all issues, we will continue to support your case until a judgment is entered by the court, finalizing your divorce.

If we are unable to secure a signed judgment despite the couple’s agreement on all matters, we will gladly refund 100% of our service fees. Please note that this guarantee excludes any filing fees, as we cannot recover those costs from the court, and it does not apply if the couple is unable to reach an agreement on all issues. Ultimately, we believe in ensuring our clients receive the support and services they need throughout the process.

Disclaimer: The information contained in this website is for information purposes only. The information is not legal advice and is not guaranteed to be up-to-date, accurate, or complete. A client of CMD’s can only be established by signing an agreement to perform services. This endorsement does not constitute a guarantee, warranty, or prediction regarding the outcome of your divorce. CMD does not give legal advice.