California Divorce Mediation
California divorce mediation with one neutral attorney-mediator. I help couples throughout California work through parenting, support, property, debt and retirement decisions, then prepare the Marital Settlement Agreement and required court paperwork.
I’m Scott Levin, a California family law attorney, a Certified Mediator through Mediate.com and a Certified Divorce Financial Analyst® with more than 2,500 mediations conducted. I work with couples throughout California and remain neutral, representing neither spouse individually.
Scott Levin, Esq., CDFA®Attorney-led mediation, statewide
California divorce mediation at a glance
Quick answers
2024–2027
Kind words
What our clients say
Divorce is incredibly difficult, both emotionally and mentally, but I am so grateful for the support and guidance I received throughout this process. My mediator was not only thoughtful and understanding but also incredibly fair from start to finish. He made sure both parties…
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Divorce is incredibly difficult, both emotionally and mentally, but I am so grateful for the support and guidance I received throughout this process. My mediator was not only thoughtful and understanding but also incredibly fair from start to finish. He made sure both parties felt heard and respected, helping us navigate a challenging time with patience and care. His balanced approach made all the difference, and I truly feel that he facilitated a resolution that was fair and considerate for everyone involved. I highly recommend him to anyone looking for a mediator who is both professional and compassionate.
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Scott was very easy to work with. He was very detailed in making sure both parties had all the information we needed. During the mediation process, it is obviously a difficult conversation to have, but Scott did his absolute best (and was good at)…
Read full review
Scott was very easy to work with. He was very detailed in making sure both parties had all the information we needed. During the mediation process, it is obviously a difficult conversation to have, but Scott did his absolute best (and was good at) keeping the conversation neutral. Although it was not my decision in filing for and pursuing the divorce, I am really glad that I had someone like Scott to walk me through my part in the mediation and divorce process.
What is divorce mediation in California?
Divorce mediation is a process where you and your spouse make your own decisions about parenting, support, property and debt, with a neutral professional guiding the conversation – instead of each hiring a lawyer to argue it in front of a judge.
In California, what you agree to is written into a marital settlement agreement. That agreement becomes part of your judgment, and once a judge signs it, it is a court order – as enforceable as anything decided at trial. The difference is who wrote it: you did.
Mediation is confidential. Under California Evidence Code sections 1115 through 1128, what is said in mediation generally cannot be used later in court. That is what makes it safe to negotiate honestly.
Watch: the California mediation process
Scott Levin discusses the California family law mediation process.
Attorney-led, start to finish
What my mediation includes
Many mediators stop at the conversation and leave you to finish the legal work yourselves. I don't. As the neutral for both of you, I handle the full mediation and agreed divorce process.
Free 15-minute consultation
By Zoom or phone, ideally with both of you together so you hear the same thing from the start. I explain how the process works and whether it fits your situation.
Financial disclosures
California requires both spouses to exchange preliminary declarations of disclosure, including a schedule of assets and debts (FL-142) and an income and expense declaration (FL-150). I provide the disclosure forms and review them with you. Each spouse completes their disclosures and exchanges the required information and supporting documents.
Mediation meetings
We identify every issue that needs a decision – parenting, support, the house, retirement, debts – and work through them together. See the divorce mediation process for how the meetings build toward a written agreement.
The financial analysis
Support scenarios, the house, pensions and 401(k)s, stock options and RSUs that vested partly during the marriage – analyzed as numbers, not split by instinct. This is where the CDFA® credential matters.
Your marital settlement agreement
I draft it to California Family Code standards, in language you can understand, and revise it until it reflects what you both agreed. Either of you may have an independent attorney review it. I also offer consulting attorney services in cases where I am not the mediator.
Court case and judgment
I open the court case, prepare and submit the agreed judgment paperwork to your county court, and respond to any corrections the clerk requests. In most cases, the judge approves it without either of you going to court.
One neutral, one coordinated process. The meetings, settlement drafting and court filing are handled together, and your mediation agreement sets out exactly which services and meetings are included before you begin.
What does California divorce mediation cost?
Divorce mediation is offered at a flat fee, with the included meetings and services explained in the mediation agreement before you begin. The scope includes the mediation meetings specified in the agreement, disclosure forms and review, financial analysis, preparation and revision of the Marital Settlement Agreement, and preparation and filing of the required court paperwork through judgment.
If additional meeting time, an outside specialist or a separate retirement-division order is needed, that is discussed before you proceed and handled according to the written agreement.
Divorce mediation throughout California
Scott works with couples throughout California, including San Diego, Orange County, Los Angeles, Riverside, Santa Clara, San Mateo, Alameda, Sacramento and other counties. Meetings are available by video, with in-person meetings available at the San Diego office.
Does mediation work the same way in every California county?
Yes, with one practical exception. California has one Family Code, so the rules that shape your outcome are the same in Fresno, Orange County, Santa Clara and San Diego: community property is divided equally by default, child support follows the statewide guideline, spousal support is analyzed under Family Code section 4320, and both of you must exchange full financial disclosures.
What changes by county is the clerk's procedure – local forms, how the judgment is submitted, and how long the court takes to process it. I keep track of that so you don't have to.
You can work with me remotely without traveling to San Diego. At least one of you must meet California's residency requirement – six months in the state and three months in the county where you file (Family Code section 2320). If a spouse or your children live outside California, other rules can affect where custody, support or property issues are decided, so I confirm the appropriate filing and jurisdiction requirements during intake. If you won't be meeting in person, see how online divorce mediation works.
How long does divorce mediation take in California?
Many clients reach a full settlement in about 10 weeks, although every case is different. Separately, under Family Code section 2339, the ordinary waiting period means your divorce cannot become final until at least six months after your spouse is served with the petition or first appears in the case, whichever happens first. The clock does not start when the case is opened, so completing service or an appearance early lets the six months run in the background while we work.
How long the court takes to process the judgment varies by county, from a few weeks to a few months.
Why work with a mediator who is also an attorney and a CDFA®?
There are three kinds of help available for a California divorce, and they are not interchangeable.
| Scott Levin, attorney-mediator | Two litigating attorneys | Document preparation service | |
|---|---|---|---|
| Who drafts your agreement | A California family law attorney, as a neutral for both of you | Two attorneys, negotiating against each other | Document preparation based on your instructions; no individualized legal advice |
| Financial analysis | Included; Scott is a CDFA® | Often a separately hired expert | Not typically included |
| Court appearances | In most cases, none | Often, if issues are contested | Cannot appear or advocate for you |
| Who handles the court paperwork | Scott prepares and submits it, as a neutral | Your attorney | Varies by service – some file for you, others leave filing to you |
I do not litigate. I will never represent one spouse against the other in court – that is the whole point of what I do. I have been a California attorney since 2004, hold the CDFA® credential, and have received Super Lawyers Family Law Honors 2024–2027.
Where children are the hardest part of the conversation, my co-mediator Mary Levin, Co-Parenting Specialist®, joins the sessions and focuses on the parenting plan while I handle the legal and financial side. Learn about co-mediation.
Is mediation right for your situation?
Mediation works when both of you want it resolved and are willing to put your real numbers on the table. It does not require you to be friendly, agree on much, or feel the same way about the divorce.
When it may not fit
It is a poor fit where one spouse will not disclose finances honestly, or where there is a history of control or intimidation that makes it unsafe to negotiate as equals. Talk to me in the consultation and I'll tell you plainly what I think and what your options are.
California divorce mediation: your questions answered
Do you work with couples outside San Diego?
Yes. I mediate for couples throughout California. At least one spouse must meet California's residency requirement – six months in the state and three months in the county where you file. If a spouse or your children live outside California, other jurisdiction rules can apply, so I confirm the appropriate filing and jurisdiction requirements during intake. Meetings can be held by video or at my San Diego office.
Which county do we file in?
A county where at least one of you has lived for the past three months, provided that person has lived in California for at least six months (Family Code section 2320). If you each qualify in different counties, either can generally be used. I confirm the appropriate filing and jurisdiction requirements during intake.
What is included in your mediation service?
The services included are set out in your mediation agreement before you begin. They cover the mediation meetings the agreement specifies, the disclosure forms and review, financial analysis, drafting and revising your marital settlement agreement, opening the court case, and preparing and submitting the agreed judgment paperwork – all as a neutral for both of you. Additional meeting time, outside specialists such as appraisers, and separate retirement-division orders are not automatically included; if your case needs them, we discuss it in advance.
How long does divorce mediation take in California?
Couples typically reach agreement in about 10 weeks, though timing varies. Separately, your divorce cannot become final until at least six months after your spouse is served or first appears in the case, whichever happens first (Family Code section 2339).
Is a mediated agreement legally binding?
Yes. Your marital settlement agreement binds you both once you sign it, and becomes an enforceable court order when a judge signs the judgment. It carries the same force as anything decided at trial.
Do we each need our own attorney?
No. I serve as the neutral for both of you and represent neither of you individually. Either of you may have a consulting attorney review the agreement before signing, and where the finances are complex, I encourage it.
Can a mediator file divorce papers in California?
I can, because I am a California attorney as well as a mediator. I open the court case and prepare and submit the agreed judgment paperwork for both of you, as a neutral.
Will we have to go to court?
In most cases, no. In an uncontested mediated divorce, the judgment paperwork is submitted to the court and approved by a judge without either of you appearing.
Is mediation confidential?
Yes. Under California Evidence Code sections 1115 through 1128, what is said in mediation generally cannot be used later in court. That is what makes it safe to speak plainly.
Do we have to split everything exactly in half?
Not necessarily. California is a community property state, so the default is an equal division of the community estate – but you can agree to an uneven division if the overall settlement is one you both accept. Mediation is where that flexibility lives.
What happens to retirement accounts and pensions?
The community share of a 401(k), pension or similar plan is divided as part of your agreement, and most plans also require a separate court order (a QDRO) to carry out the division. How that order will be prepared, and by whom, is addressed before you sign.
What about stock options and RSUs?
Equity granted during the marriage that vests later is usually apportioned with time-rule formulas from California case law (the Hug and Nelson cases). As a CDFA®, I work through the numbers with you rather than estimating them.
Can mediation handle child custody and support?
Yes. Together we develop a parenting plan tailored to your children and prepared for submission to the court, and child support is calculated under California's statewide guideline. Where the parenting conversation needs more support, my co-mediator Mary Levin, a Co-Parenting Specialist®, joins those sessions.
Can we change our agreement later?
Child custody and child support can be revisited when circumstances change. Property division is generally final. Whether spousal support can be modified depends on what your agreement says – a decision made deliberately, not by accident.
What if one of us is hiding money?
Each spouse must make complete and accurate financial disclosures under penalty of perjury (Family Code sections 2104 and 2105). I provide the disclosure forms and review them with you; each of you completes your own disclosures and exchanges the required information and supporting documents. If honest disclosure isn't possible, mediation may not be the right process – that is worth raising in the consultation.
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Start with a free consultation
Tell me where things stand and I'll tell you honestly whether mediation is the right process for your situation. A free 15-minute call by Zoom or phone, from anywhere in California.
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San Diego, CA 92131