Executive Summary: If your New Year’s resolution is to move forward from a marriage that’s no longer serving you, there are multiple ways to make that happen in California. Whether you’re considering litigation, mediation, or just need help evaluating your options, start by organizing your finances, clarifying your goals, and choosing a legal path that aligns with your priorities.
For some people, January brings diets, gym memberships, and vision boards. For others, it brings a quiet decision: this marriage isn’t working, and it’s time to move on. If divorce is on your radar as you head into the new year, you’re not alone, and you’re not wrong for wanting a fresh start.
According to the American Academy of Matrimonial Lawyers, divorce filings increase significantly in January, with many firms seeing a 25–30% jump in new case inquiries. The reasons vary—holiday stress, year-end reflection, financial timing—but the trend is consistent.
If you’ve decided that divorce is the right next step for you, the process doesn’t have to feel overwhelming. There are several ways to approach it, depending on your goals, assets, and relationship with your spouse.
Step 1: Know Your Options
Not all divorces are the same. Some require court involvement and full litigation. Others can be resolved through cooperative approaches like mediation. Here’s what to consider:
Litigation:
- Typically used when there’s high conflict or a lack of cooperation
- Involves attorneys, court appearances, and a judge making decisions
- May be necessary in cases involving domestic abuse, hidden assets, or refusal to compromise
Mediation:
- Involves working with a neutral third-party mediator to resolve key issues like custody, support, and asset division
- Best for couples who are willing to negotiate but need help reaching an agreement
- Often more private, faster, and less expensive than court
In California, both options are available regardless of income level, but for high-net-worth individuals, the stakes are often higher. Business ownership, multiple properties, complex investments, and future income streams (like bonuses or royalties) require careful review and documentation. Mediation can still work in these cases if both parties are financially transparent and focused on resolving the issue.
Step 2: Get Your Financial House in Order
Whether your divorce will be amicable or contested, having your financial paperwork ready is essential. Gather:
- Tax returns (last 2–3 years)
- Bank statements
- Retirement account statements
- Mortgage and property records
- Business financials (if applicable)
- Credit card and loan statements
- Monthly budgets and expense summaries
If you are a high-net-worth individual or family, include:
- Stock options or RSUs
- Trust interests
- Deferred compensation plans
- Investment property income
- Business valuations
This isn’t just about knowing what you own. It’s about preparing to divide it fairly.
Step 3: Make a Custody and Support Plan
If children are involved, California courts will prioritize their best interests. That includes physical custody (where the child lives), legal custody (decision-making authority), and parenting time schedules.
Courts favor joint custody when possible, but that doesn’t always mean a 50/50 split. If you and your spouse can agree on a detailed parenting plan outside of court, it often leads to better outcomes and smoother transitions.
For high-income families, child and spousal support calculations can be more complex. Standard formulas may not apply if one spouse’s income is unusually high. In these cases, courts will look at lifestyle, needs, and ability to pay, not just the numbers.
Step 4: Decide What You Want This Divorce to Look Like
Before filing anything, ask yourself:
- Do I want to keep this as private as possible?
- Do I want more control over the outcome, or am I comfortable with a judge deciding?
- Am I willing to compromise to reach a faster resolution?
Litigation isn’t the only way to assert your rights. A strategic, well-prepared mediation process can protect your assets and priorities without draining your energy or your wallet. For high-net-worth individuals, mediation may even offer more discretion and flexibility than court.
If you’re ready to take the first step toward a new chapter, The Grey Legal Group, APC can guide you with practical legal support tailored to your goals. With 22 years of combined experience and a commitment to efficient, client-focused service, we’ll help you move forward with confidence. Because The Law Is Not Black and White®.
The Grey Legal Group
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