WHAT SHOULD THE FIRST STEP BE TO GET AN AGREED DIVORCE?

DONALD F. CONVISER, a Certified Family Law Specalist, owner of Warner Center Law Offices in Woodland Hills in the San Fernando Valley, an effective and aggressive Family Law and Divorce Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years, offering a free confidential consultation regarding your divorce or family law issues, at 818/880-8990, brings you an informative and educational blog, responding to questions posed to him about Divorce and Family Law.

I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:

QUESTION: What should our first step be in California if we are getting divorced? What is the cost of a divorce in California? My husband and I have been separated, though not legally, for over 18 months. We want to begin the divorce process, but do not know what to do. We are on good terms and share custody of the kids. Would mediation be the way to go?

ANSWER: It is unusual for me to receive a question from a party asking what should "we" do. Usually, one party asks a Family Law Attorney: "What should I do?"

What you and your husband should do depends on the issues in your divorce, and the cost of a divorce depends on what you and your husband do. If you and he prepare file your own documents, the cost of the divorce could be just the filing fees (on the order of $400 for a Petition and $400 for a Response). If one party agrees to default, the cost of the divorce could just be the filing fee for the Petition, and the cost of a Notary Public to acknowledge the defaulting party's signature on a Marital Settlement Agreement or Stipulated Judgment. If you hire private attorneys, you would each incur attorney's fees at the respective attorneys' retainer fee rates. If you engage the services of a Mediator, you and your husband would incur mediator's fees at the mediator's retainer fee rate.

If you are both informed as to your rights and responsibilities, and both of you are in agreement regarding child custody, property division and support, you can enter into a Stipulated Judgment after complying with the requisites to do so (including exchange of Declarations of Disclosure).

I would suggest that you and your husband each at least consult with independent Family Law Attorneys, to learn of and discuss your potential rights and responsibilities.

You can certainly mediate contested issues, but to the extent that you both agree, after your respective consultations, regarding certain issues, your agreement regarding those issues can be made part of a Stipulated Judgment.

A mediator neither represents, nor counsels, the parties to a mediation. As a result, you would best retain or at least consult with a Family Law Attorney prior to and throughout the mediation process, so that you can avoid entering a mediation settlement or parts of a mediation settlement that might be against your interests.