by Shawn Skillin, Esq., Mediator
When you file for divorce in San Diego County the Court sets a date for a Court hearing called a Status Conference approximately 3-5 months after the date your Petition is filed. However, in mediation, we file an agreement with the Petition telling the Court that you are in Mediation and asking the Court to delay the Status Conference for one year. The Court will then give you one year to finalize your divorce. If you are able to complete mediation and get all of your paperwork in to the Court in less than one year, you should not have to go to Court.
However, if it takes longer than one year, you may have to go to your Status Conference and let the judge know you are still trying to finish your divorce in mediation. The Court will give you more time, but will probably set another status conference in the future. Each judge has a different policy regarding how much additional time they will give you.
You may also have to go to Court if you and your spouse are unable to agree on all of your issues in mediation. In that case you would have to set a date for a trial at which a judge would decide on any unresolved issues.
Refer to a previous blog article regarding Status Conferences on February 9, 2009.
However, if it takes longer than one year, you may have to go to your Status Conference and let the judge know you are still trying to finish your divorce in mediation. The Court will give you more time, but will probably set another status conference in the future. Each judge has a different policy regarding how much additional time they will give you.
You may also have to go to Court if you and your spouse are unable to agree on all of your issues in mediation. In that case you would have to set a date for a trial at which a judge would decide on any unresolved issues.
Refer to a previous blog article regarding Status Conferences on February 9, 2009.
