What are some of the requirements to get divorced?

In order to file for divorce in California, you must be a resident in the county where you live for at least 3 months and a resident of California for at least 6 months.

How long does the process take to get divorced?

It varies especially since the courts are backed-up. However, after the petition is filed with the court and your spouse is served with the petition, you must wait at least 6 months and 1 day before a final judgment for dissolution (divorce) can be entered by the court. 

Who hires CMD? 

Any person or couple, living in California, who wants to get divorced and meets the following criteria: 

1. Both parties have been a resident and have lived in the State of California for at least 6 months;

2. Both parties have been a resident and have lived in their county for at least 3 months;

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

-or- 

Both parties are willing to participate in divorce mediation with CMD’s Mediator in an effort to reach an agreement on all issues relating to child custody, visitation, support (child or spousal), and the division of assets and debts.

What is an uncontested divorce? 

It is when the parties agree on all the issues such as child custody, visitation, support (child or spousal), and division of assets and debts. If the parties agree on all issues, they may enter into a marital settlement agreement (MSA) or stipulated judgment. CMD specializes in uncontested divorces.

What is a contested divorce?

It is when the parties can’t come to an agreement on one or more issues such as child custody, visitation, support (child or spousal), or division of assets and debts. If the parties disagree, they can either try to resolve the issues by participating in divorce mediation or hire an attorney. CMD contracts with a few mediators, who are available to assist our clients if they do not wish to hire an attorney or involve the court.

How much does it cost for an uncontested divorce with CMD? 

It really depends on your situation and needs but a typical uncontested divorce with no property and minimal assets and debts can be as little as $750 without the filing fees. The court requires a filing fee to file a petition, which is currently $435. There are other minimal fees that the court requires depending on how the parties decide to proceed with their case. (According to a survey in 2021 by Nolo.com, a leading legal information website, the average cost of divorce in California without children is $17,500 and with children is $26,300. Attorneys make up a large portion of that cost at approximately $13,800.)

How much does it cost if the parties want to participate in divorce mediation with CMD’s Mediator?

Again, it depends on your situation and needs of the couple. CMD’s Mediator will discuss the pending issues with you and your spouse and enter into his/her own agreement with you. CMD’s clients have spent as little as $400 and as much as $4000 for divorce mediation. Divorce mediation fees are separate from the fees that are associated with preparing and filing your paperwork with the court.

What happens if we do need legal advice?

CMD has arranged with its attorney to offer consultations at a discounted rate for any CMD client, who needs legal advice. The attorney will discuss the hourly rate or flat fee with CMD’s client and, if agreed upon, the attorney and CMD’s client will enter into their own agreement for the attorney to provide legal advice on a one-time basis or on an as-needed basis. CMD will continue to carry out their promise to complete the required paperwork until your case is finalized and a judgment is received. 

What if I filed my petition and now need help?

In most circumstances, CMD can help you take the next steps toward resolving your case. However, during the consultation, our managing paralegal will evaluate whether we are able to help you take those next steps. 

What is divorce mediation and who is a mediator?

Mediation is a popular alternative to litigation and is often the most amicable, affordable, and quickest way to settle a divorce. It can save a lot of money if both parties agree that a divorce is the best option for them. It is also voluntary and confidential. A mediator is a neutral third-party, who listens to both parties and assists the couple in resolving any issues that they are not able to agree upon on their own. Mediators have different ways of assisting couples, but their role is not to give legal advice. Their role is to help the couple find solutions and/or assist the parties in reaching a compromise to make it as fair as possible for both parties. The mediator will not force the parties to agree on anything; it is the couple who reaches the agreement with the help of the mediator. If the couple is not able to reach an agreement on all issues, that is ok. The mediator can then assess whether additional mediation sessions would be helpful or whether the parties have reached an impasse and would be better assisted by an attorney and the court.

What happens if we don’t resolve our disputes through divorce mediation?

CMD will terminate its services and recommend that both parties retain their respective attorneys, who will determine whether the issues need to be litigated and resolved by a judge. 

Can we hire the mediator as one of our attorneys?

No. A mediator is to serve as a neutral third-party only. Therefore, it would be a conflict of interest if the mediator were to represent one of the parties and not the other after learning the details of the marriage and the parties’ respective positions. 

What happens if we hire CMD because we think we have an uncontested divorce but later it turns into a contested divorce?

CMD specializes in not involving the court and judges. Therefore, CMD will terminate its services so that you can hire an attorney, who will be able to better assist you.

How does CMD guarantee its work?

CMD is committed to excellence. Its goal is to provide a service to its clients that is done professionally and accurately. We want you to walk away thinking that the money you spent was well worth the service. Therefore, if a couple reaches an agreement on all issues, CMD will continue to work on the case until a judgment is entered by the court (final divorce document) and the couple is legally divorced. If CMD is not able to get a signed judgment in the case and the couple reached an agreement on all issues, then CMD will refund 100% of the money back to its clients. This excludes any money that was spent on filing fees since CMD is not able to recoup money from the court. It also excludes any clients, who are not able to reach an agreement on all issues. CMD has no control over whether a couple is able to resolve all their disputes. Therefore, CMD’s money back guarantee is not applicable if a couple is not able to reach an agreement on all issues.

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.