If you and your spouse cannot agree on a divorce settlement in California, the divorce process becomes more complicated and may take longer. When there are disagreements, the court will step in to help resolve the issues. Here’s a breakdown of what happens when you can’t agree on a divorce settlement:
1. Mediation
- In many California counties, mediation is required for disputes involving child custody and visitation. Mediation involves a neutral third-party mediator who helps the couple negotiate and resolve their disagreements. While mediation is often focused on parenting issues, it can also help with property division, support, and other issues.
- Mediation is a confidential process, and anything said during mediation cannot be used in court. If mediation is successful, the parties can come to an agreement, and the case may proceed without going to trial.
2. Negotiation and Settlement Conferences
- If you cannot agree on the divorce settlement, you and your spouse may try to negotiate directly, or through your attorneys, to reach a mutually acceptable agreement. This could include negotiating the division of property, spousal support, and child custody.
- Some courts require a settlement conference before proceeding to trial. A settlement conference involves both parties and their attorneys (if they have them) meeting with a judge or neutral third party to try to resolve outstanding issues. If an agreement is reached at this stage, the divorce can move forward quickly.
3. Discovery Process
- If you cannot reach an agreement, the divorce process may move into the discovery phase, where both spouses gather information about assets, debts, income, and other financial matters. Discovery may include the exchange of financial documents, depositions, and formal requests for information.
- This phase can take time and may involve forensic accountants or other experts to value assets or identify hidden income or property.
4. Trial
- If mediation, negotiation, and settlement conferences fail to resolve the disputes, the case may proceed to trial. At trial, both spouses present evidence and argue their case before a judge. The judge will make decisions regarding unresolved issues, such as:
- Division of Property: How community property (assets and debts acquired during the marriage) will be divided.
- Spousal Support (Alimony): Whether one spouse should pay spousal support and the amount/duration.
- Child Custody and Visitation: Who will have legal and physical custody of the children and what the visitation schedule will be.
- Child Support: How much child support will be paid and who will be responsible for healthcare costs and other expenses.
- The judge will make a final judgment on all disputed issues, and that decision is binding.
5. Temporary Orders
- While the divorce is pending, either spouse can ask the court for temporary orders to address immediate issues, such as spousal support, child custody, child support, and the use of the family home. These orders are temporary and remain in place until the divorce is finalized or until the court issues a final judgment.
- If you cannot agree on temporary orders, the court will schedule a hearing where both sides can present their arguments, and a judge will make a temporary decision.
6. Post-Divorce Modifications
- Even after a divorce is finalized, either party may request to modify certain aspects of the divorce settlement, such as child custody, child support, or spousal support, if there has been a significant change in circumstances. Modifications typically require a court hearing and the approval of a judge.
7. Costs and Delays
- Litigation (going to trial) can be expensive and time-consuming. The longer the case drags on, the more it can cost in legal fees, expert fees, and court costs.
- If the case proceeds to trial, it may take months to resolve, depending on the complexity of the issues and the court’s schedule. The court’s decision is typically final, but it can be appealed under certain circumstances.
Conclusion
If you and your spouse cannot agree on a divorce settlement in California, the case may progress through mediation, negotiation, settlement conferences, and, if necessary, trial. The court will make final decisions on any issues that cannot be resolved, but litigation can be costly, time-consuming, and stressful. To avoid a lengthy and expensive process, it’s often in both parties’ best interests to attempt negotiation, mediation, or other methods of resolving disputes before resorting to trial.