The Process – How it Works

STEP ONE: Schedule a no-cost consultation (30 minutes).

You and your spouse can schedule a consultation using Calendly with the managing paralegal. This will allow you to explain your situation and how you would like California Modern Divorce (CMD) to assist you. We prefer both parties to participate in the consultation via Zoom as we like to get to know the both of you and for you to get to know us. However, a phone consultation is also available. During the consultation, the managing paralegal will take down basic information about both parties and explain the divorce process. After the consultation, you will receive an estimate for services. The prices range from $750 - $5000 depending on your situation and needs. (See FAQ for a general idea of pricing.) Please keep in mind that this is about you, so part of the consultation is to determine whether you and your spouse feel comfortable and trust us so that we are all able to work well together. 

STEP TWO: Gathering of information once you have hired us.

Our divorce paralegal will send you an email explaining the process. This will also include a list of information and documents that we will need from you, which you will be able to answer and upload through a secure portal. The divorce paralegal will also offer a phone conference should you have any questions about the process or paperwork.

STEP THREE: Preparation of paperwork.

The divorce paralegal will prepare your paperwork based on the information and documentation you provide. All paperwork will be reviewed and approved by our attorney before it gets filed with the court. The paperwork consists generally of a petition, financial disclosures, a marriage settlement agreement (MSA) or stipulated judgment, and some other forms that the court requires. Generally, the divorce paralegal will first prepare and file the petition and related documents with the court and then prepare the parties’ respective financial disclosures. As soon as the financial disclosures are finalized and approved by you and our attorney, the parties will be ready to proceed to Step 4 or 5 below. 

STEP FOUR: Marital Settlement Agreement (MSA) and Judgment or Stipulated Judgment.

Once the couple agrees on all issues, the divorce paralegal will draft a MSA or stipulated judgment that will incorporate the parties’ agreement. A MSA or stipulated judgment is a formal agreement that includes, but is not limited to, matters such as support, property, debts, and custody of children. There are times when a MSA or stipulated judgment needs to be notarized. Once the MSA or stipulated judgment has been finalized by everyone, including our attorney, the divorce paralegal will file the MSA or stipulated judgment along with other required documents with the court. After the court reviews and approves the documents, it will sign the judgment, at which time your divorce will be final.

STEP FIVE: Mediation/Professional Expert.

If the couple agrees on some issues but not others, the divorce paralegal will still gather the information and prepare the paperwork (Steps 2 and 3). However, the parties will be referred to CMD’s Mediator for mediation. CMD’s Mediators are trusted licensed family law attorneys. The goal is to involve a mediator, who is tailored specifically to your needs so that you and your spouse can reach the best possible agreement.

Mediation is voluntary and confidential. The Mediator will meet with the couple prior to the mediation to discuss your case and what you can expect. The Mediator’s goal is to listen and understand the needs of both parties. After the Mediator understands the parties’ respective positions, the Mediator will propose solutions and/or assist the parties in reaching a compromise to create an agreement that is as fair as possible for both parties. The Mediator will be acting as a neutral third party. Therefore, the Mediator will not force one or both parties to do anything that they do not agree upon. 

Agreement After Mediation.

If both parties are able to resolve all disputes with the assistance of CMD’s Mediator, the divorce paralegal will prepare the MSA or stipulated judgment based upon the parties’ agreement. (Step 4)

No Agreement After Mediation.

If both parties are not able to resolve all disputes with the assistance of CMD’s Mediator, then CMD and its team members will terminate our services and recommend that the couple retain their own respective attorneys. The good news is that your initial paperwork will have been completed (Steps 2 and 3) so the attorneys that you both hire will go to court on the disputed issues only and finalize your divorce (Step 4).