Mediation does not waive California’s mandatory financial disclosure requirements under Family Code §§2100–2113. Both spouses must still exchange complete Income and Expense Declarations and Schedules of Assets and Debts.
Why it matters: a mediated agreement built on incomplete disclosure is just as vulnerable to a later challenge as a litigated judgment, and can be set aside years after the fact. Full disclosure is what makes a cooperative settlement durable rather than fragile.Common Reasons Beverly Hills Couples Choose Mediation
– A desire for privacy, particularly where one or both spouses have a public profile or work in the entertainment industry
– A wish to control the outcome directly, rather than leaving property division or support to a judge’s discretion
– Lower overall cost and a faster timeline compared to contested litigation
– An interest in preserving a workable co-parenting relationship after the divorce
– A business, professional practice, or family enterprise where public litigation could disrupt operations or relationships
– A genuine, if imperfect, ability to communicate and negotiate in good faith
Mediation is not right for every case. Where there is a history of domestic violence, a significant power imbalance, or a spouse who is unwilling to disclose finances honestly, litigation or a more structured process may protect a client’s interests better than mediation can.
| If you are considering divorce mediation in Beverly Hills, call Duncan Family Law at (855) 369-9993 for a confidential consultation. |
Common Questions About Beverly Hills Divorce Mediation
Short answers to the decisions couples wrestle with before they commit to mediation. For the detailed, case-specific version, see the full FAQ further down this page.
Is mediation the right choice for us?
Mediation works when both spouses can share honest information and negotiate in reasonable good faith, even if the relationship is strained. It tends to fail where one spouse hides assets, refuses to disclose, or holds real power over the other.
The honest test isn’t whether you still get along. It’s whether the process can produce a fair, fully informed agreement.
Will mediation actually cost less?
Usually, yes. One shared neutral is far cheaper than two firms litigating through trial. The savings shrink, though, if the process skips disclosure or valuation and the agreement later unravels.
Think of a consulting attorney’s fee as insurance: a modest cost that keeps a cooperative, lower-cost process from producing an agreement that costs far more to fix later.
Do we still need our own lawyers if we mostly agree?
A mediator stays neutral and advocates for neither spouse, so no one in the room is protecting your specific interests.
A consulting attorney reviews the terms, explains what a court would likely do, and confirms the final agreement is enforceable, without turning the process adversarial. You keep control of the outcome; you simply make each decision fully informed.
What if we agree on some issues but not others?
Partial agreement is common and still valuable. You can finalize everything you’ve resolved and send only the genuinely disputed issue, such as a business valuation or a single custody term, to a judge, while the rest of your settlement stays intact.
Mediation isn’t all-or-nothing, and one open question doesn’t force you back into full litigation.
Can we keep our divorce out of the public record?
Largely, yes. A contested court filing becomes part of the public record; a mediated settlement generally does not.
Evidence Code §1119 also keeps what’s said and drafted in mediation confidential and inadmissible. For clients whose careers depend on reputation, that privacy is frequently the most important reason to choose mediation over a courtroom.
How long will a mediated divorce take?
Mediation can move as fast as you and your spouse are ready to move, sometimes just a few months of sessions. But no California divorce is final sooner than six months from the date the petition is served, under Family Code §2339. That waiting period sets the floor on your timeline no matter how quickly you reach agreement.
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