You and your spouse have finally started making progress on a parenting schedule, but every conversation about the house sends the discussion right back to a standstill. You do not want one unresolved issue to undo the agreements you are reaching about your children, and you are beginning to wonder whether everything really has to be settled at the same time.
Barnholtz & Kugler understands why divorce negotiations can move at different speeds depending on what is being discussed. We can help you understand how mediation can be structured around the issues you are ready to address while you continue working through those that need more time.
When Can You Mediate Custody and Support Separately from Property?
California spouses can generally negotiate custody and support at any time without first settling property disputes. Mediation lets you focus on issues where agreement seems possible while continuing to work through others. However, reaching an agreement and obtaining an enforceable court order are separate steps.
Can You Mediate Part of a Divorce?
You can mediate selected issues rather than your entire divorce. For example, you and your spouse could focus on:
- Parenting schedules—decide when your children will spend time with each parent;
- Holiday arrangements—establish plans for school breaks, birthdays, and vacations;
- Child support—discuss financial contributions under California’s support requirements; and
- Temporary expenses—decide how to handle certain household or child-related costs during divorce.
You can continue negotiating unresolved matters or ask the court to decide them. Choosing mediation for one issue does not require settling everything through mediation.
Can Custody Be Mediated Separately from Property Division?
Parents can negotiate custody without first agreeing on the house or who keeps the business. A parenting plan can address where children live, exchanges, holidays, and decision-making responsibilities.
California requires mediation when parents bring contested custody or visitation issues before the family court. However, court-connected custody mediation focuses on parenting arrangements, not support or property division. Private divorce mediation can cover a broader selection of issues.
If domestic violence affects negotiations, the mediation process may require additional protections. California law establishes separate procedures for domestic violence cases in court-connected custody mediation.
How Does Mediating Some Issues in a Divorce but Not Others Affect Support?
You can discuss support separately, but some decisions remain connected. Parenting time and financial circumstances may affect the terms you negotiate.
Child Support
California’s child support guidelines calculate support using parental income and parenting time. A custody agreement may therefore affect support even when parents negotiate those issues at different times. Parents can propose a support agreement, but court approval is required, and below-guideline agreements are subject to additional conditions, including agency participation in certain cases.
Spousal Support
Spousal support involves financial considerations beyond parenting schedules. When determining support, courts consider earning capacity, ability to pay, assets, obligations, and the duration of the marriage. Unresolved questions about property or income may make it harder to evaluate a proposed support agreement.
What Happens to Property Issues You Cannot Resolve Through Mediation?
You do not have to abandon progress on parenting because you disagree about property. You can continue negotiating assets and debts, return to mediation later, or seek a court decision.
California generally requires equal division of the community estate unless an agreement or legal exception provides otherwise. The court may divide property later if it expressly reserves jurisdiction.
Is Partial Mediation the Same as a Bifurcated Divorce?
No. Partial mediation means negotiating some divorce issues while leaving others open. Bifurcation is a court procedure that allows separate consideration of certain issues.
For example, California permits a court to end a marriage before resolving all divorce issues. This requires a court request and may involve conditions protecting financial interests, including health insurance and retirement benefits.
You do not need to bifurcate your divorce to mediate custody separately from property. The processes serve different purposes.
How Can You Make a Partial Divorce Agreement Enforceable?
Reaching an agreement during mediation does not automatically make it a court order. Your next steps depend on the terms that have been resolved and whether existing orders govern those issues.
A practical approach includes:
- Identify resolved issues—specify the parenting, support, or financial terms you agreed upon;
- Put terms in writing—include enough detail to avoid confusion about schedules and responsibilities;
- Request court approval—submit the appropriate agreement so the judge can review it; and
- Address remaining disputes—continue negotiating or litigating matters that remain open.
If you and your spouse agree on a parenting schedule, you can voluntarily follow it while your divorce continues, provided it does not conflict with an existing court order. Putting it in writing and seeking court approval can establish enforceable terms if disagreements arise later.
Why Might You Want to Resolve Parenting Issues Before Property or Finances?
A disagreement about the family home need not stop parents from developing a workable schedule. Separating discussions can address immediate parenting needs without turning them into bargaining points in property negotiations.
Still, the decisions may affect one another. If one parent plans to move after the house sells, the schedule should account for travel distances, school transportation, and exchanges. Resolving issues separately works best when you consider those connections.
How Can Barnholtz & Kugler Help with Partial Divorce Mediation?
Barnholtz & Kugler handles both contested family law cases and alternative dispute resolution, including divorce mediation, collaborative divorce, and private-judge proceedings. That range allows the firm to help clients address custody, support, and property issues in ways that fit the specific dispute, rather than forcing every aspect of a divorce into the same process. The firm also represents individual spouses in private mediation, providing clients with experienced guidance even when they choose to resolve issues outside the courtroom.
You Can’t Control Every Change, but You Can Prepare for What Comes Next. Call Us Today.
You may be able to move forward on parenting and support while continuing to address unresolved property matters. Contact Barnholtz & Kugler to schedule an appointment and discuss how to approach the issues in your divorce.