Divorce can feel overwhelming, but understanding the process - and your options - can make it easier to move forward with confidence.
Once a married couple has decided to part ways (regardless of how difficult that can be), it is time to begin preparing for divorce. If you are facing a divorce in San Diego or elsewhere in the state, it can seem like you are stepping into the unknown. You may have a lot of questions. What are the steps involved? How long will it take? How will my family be affected? We understand how daunting that uncertainty can be.
At LikeMinds Divorce Mediation in San Diego, we have helped many couples move forward stronger and with more peace. We are here to walk you through what you can expect during the divorce process and how to prepare yourself. Below, we explore the typical stages of divorce, offer practical tips for preparing, and explain why mediation can be a valuable tool for saving money, time, and reducing stress.
The Typical Divorce Timeline and Process
Getting a divorce can be confusing because of all the rules, procedures, forms, and legalese. It is easy to get lost in the seemingly endless divorce process. Understanding what to expect can give you peace of mind and allow you to make decisions that are best for you and your children (if applicable).
While every situation is different, divorces in San Diego and across the state generally follow a similar pattern. Here are the basic steps to the divorce process;
1. Filing the Divorce Papers
The divorce process starts with one spouse filing the divorce petition and summons. The filing fee is $435 to $450. If you cannot afford this fee, you may be able to waive it.
2. Service of Papers and Response
The next step is serving your spouse with these documents. This entails notifying your spouse by formally delivering copies of the paperwork.
3. Response
After informing your spouse that you have filed for divorce, they have 30 calendar days to respond. If your spouse fails to file their response within 30 days of receiving the Petition, the law allows you to ask for a default. With a default divorce, your spouse won’t be able to participate or respond in the case.
4. Temporary Orders
Temporary orders can be requested at any time during the divorce process, including orders pertaining to;
Any party can seek temporary orders.
5. Discovery and Disclosures
During your divorce, you and your spouse must be open about assets, income, debts, and expenses. This helps prevent unexpected issues and establishes the foundation for fair agreements. You’ll be required to exchange financial documents such as bank statements and tax returns.
6. Negotiation and Settlement
This phase involves negotiating directly (with or without lawyers) and reaching resolutions on key issues. It is at this stage that most couples resolve major issues like property division, child-related matters, and spousal support, and write up a final settlement agreement.
7. Trial
If your divorce case cannot be resolved through settlement, you can attend a trial to finalize your divorce. Typically, trials are only scheduled after all other settlement options have failed.
Preparing for Your Divorce
Here s how you can prepare for your divorce;
1. Research the Divorce Process
It is helpful to know what you are getting into. Familiarize yourself with the steps involved and the timelines.
2. Gather Documentation
Organize essential documents such as tax returns, property deeds, and pay stubs. Preserve anything that can help paint a clear picture of your finances.
3. Clarify Your Priorities
What is the most crucial thing to you? For example, is it establishing a fair parenting schedule or having stable housing? Understanding what matters most to you early helps guide your decisions during the divorce process.
4. Get Support
Divorce is not just legal. It is also emotional. Find people you can lean on, such as friends, family, therapists, or support groups.
Divorce Mediation as an Alternative To Traditional Litigation
Divorce mediation is a popular alternative to litigation for many reasons. Mediation can allow you to avoid the courtroom while saving you money and time and causing you less stress.
In mediation, you and your spouse will meet with our skilled mediators to discuss all divorce-related issues and find common ground. We will act as neutral guides, helping you resolve matters like property division, child custody, child support, spousal support, and more. We will not make decisions on your behalf, but instead let you shape the outcome.
Often, divorce cases are resolved in a few mediation sessions, which means lower costs and less stress. Because mediation is a collaborative process rather than an adversarial one, it often results in outcomes that better reflect the couple's needs and values.
We understand that each family is unique. We can tailor our approach to fit your unique situation. We can guide you towards crafting agreements that work for your life, instead of depending on court orders that might not be appropriate for your circumstances.
Note: While mediators are attorneys, they do not offer legal guidance during the process. For legal advice, consider hiring an attorney.
Preparing for Divorce Mediation
Here is how to prepare specifically for divorce mediation;
Divorce does not have to be about losing control or going through a lot of stress. You can navigate this process smoothly by arming yourself with information, preparing, and making the right decisions. Staying organized, understanding your priorities, and considering mediation as an alternative to litigation can make a significant difference. Divorce does not have to be costly, time-consuming, or combative. The mediators at LikeMinds Divorce Mediation can help you get divorced in a less costly, less stressful, and efficient manner. We will guide you every step of the mediation process to ensure a smooth and amicable resolution. If you are ready to begin the mediation process or want to understand how this process works, contact us today to schedule your consultation.
