Divorce is never easy, but when significant wealth, business interests, and reputation are involved, privacy and efficiency become essential.
In California, private judges offer an alternative to the public court system, allowing high-net-worth individuals to handle their divorce outside traditional courtrooms.
This article breaks down how private judges work, their advantages, and whether they are the right fit for you.
What Is a Private Judge?
A private judge, also called a judge pro tempore, is a neutral third party, typically a retired judge or an experienced family law attorney appointed to oversee divorce cases outside the public courtroom.
These professionals have the same legal authority as a public court judge, meaning their rulings on child custody, asset division, and financial support are binding and enforceable.
Unlike in a public courtroom, these proceedings take place in private settings, such as an office or a virtual meeting.
How Private Divorce Proceedings Work in California
How Private Judges Are Appointed in California
- Both parties must agree to use this method.
- A stipulation is filed with the California Superior Court for approval.
- The appointed judge handles hearings, negotiations, and final rulings.
- The final decision must be filed with the Superior Court to be legally recognized.
Private Judging Divorce Process
In private divorce proceedings, hearings take place in conference rooms, private offices, or virtual settings rather than public courtrooms.
The judge oversees negotiations, hearings, and trial-like proceedings in the same way a public court judge would.
With full authority to rule on financial matters, child custody, and support issues, a private judge ensures that all legal aspects of the divorce are addressed thoroughly.
While their decisions are final and legally binding, they must still be filed with the California, Superior Court to be officially enforceable. However, this does not mean all details become public—only the court-approved order is recorded, while the specifics of negotiations and settlements remain private.
Advantages of Hiring a Private Judge
Privacy & Reputation Protection
For high-profile individuals, maintaining privacy is a top concern. Using a private judge ensures that financial details, business interests, and personal matters remain confidential, preventing them from becoming public records.
This level of privacy is particularly beneficial for business owners, public figures, and professionals who want to avoid the risk of media exposure, reputational damage, or unwanted scrutiny.
Even in the public court system, some privacy measures exist, such as sealed records and closed hearings, but these are granted only in limited circumstances.
Faster Resolution & Flexible Scheduling
Public courts are overloaded, often causing delays that stretch divorce proceedings over months or even years. A private judge operates on a flexible schedule, working with both parties to move the case forward efficiently.
This is especially useful in complex divorces involving business valuations, high-value assets, and multiple properties, where timely decisions may be critical.
Personalized Attention & Expertise
Unlike public court judges who manage hundreds of cases, a private judge handles a limited caseload, allowing for more dedicated time and attention to each case.
Many private judges are retired family law judges or experienced attorneys, offering deep expertise in handling high-asset divorces.
This specialized knowledge can be invaluable in ensuring a fair and strategic resolution.
Control Over the Divorce Process
Public divorce proceedings are subject to court schedules, leaving little room for flexibility. With a private judge, both parties retain control over how and when hearings take place, allowing for a more streamlined, predictable process.
This flexibility is particularly helpful for those with demanding careers or international business obligations.
Decision-Making Flexibility in High-Asset Cases
One of the biggest advantages of private judging is greater flexibility in decision-making, which is especially beneficial for high-net-worth individuals.
Unlike public court rulings that follow standardized approaches, private judges can tailor settlements to accommodate unique financial structures, business ownership complexities, and lifestyle considerations.
This allows for creative, customized solutions that better serve the long-term interests of both parties.
Disadvantages of Private Judging
Higher Costs
Private judges charge hourly rates, often ranging from $500 to $1,000 per hour. The total cost of a private divorce varies significantly based on case complexity and duration.
While this may seem costly, the faster resolution of cases can lead to lower overall legal expenses compared to prolonged litigation in public court.
For high-net-worth individuals, the investment in efficiency and discretion often outweighs the higher upfront costs.
Requires Mutual Agreement
Both parties must agree to use a private judge for their divorce proceedings. If one spouse refuses, the case must proceed through the public court system, regardless of the other party’s preference for privacy or efficiency.
Final Rulings Must Be Filed With the Superior Court
Even though private judging ensures confidential hearings, the final divorce judgment must still be submitted to the Superior Court to be legally recognized.
While this does not make the details public, it does mean the case must still follow state legal procedures to be enforceable.
Key Differences: Private Judge vs. Public Court
| Feature | Private Judge | Public Court |
| Privacy | Confidential; hearings and records can be sealed | Open to the public unless the judge seals records or closes the courtroom under special circumstances |
| Speed | Flexible scheduling; cases move faster due to fewer delays | Court dockets are overloaded, leading to longer wait times |
| Judicial Experience | Many private judges have experience and expertise in high-asset cases | Judges are assigned by rotation and may not specialize in complex divorces |
| Control Over Process | Spouses select the judge and have more influence over timelines | The court controls scheduling and case progression |
| Decision-Making Flexibility | Custom-tailored settlements, allowing for unique financial arrangements and business considerations | Public court follows standardized legal frameworks with less room for customized solutions |
How to Hire a Private Judge in California
To begin the process, you first research and select a qualified judge who meets California’s legal requirements.
The judge must be a retired judicial officer or an experienced attorney with expertise in family law. Their experience in handling high-asset divorces is what makes them particularly valuable.
When selecting a private judge, it is crucial to ensure they have expertise in complex property division, business valuations, and international asset considerations, as these factors can significantly impact the outcome.
Once you have identified a suitable candidate, both spouses must agree to the appointment and file a stipulation with the California Superior Court for approval.
At this stage, you can either work with an attorney to guide you through the process or handle it yourself. While hiring an attorney is not mandatory, legal counsel ensures that all documents are properly filed, negotiations are structured effectively, and the final judgment is enforceable. Some private judges only accept cases through attorney referrals, while others allow direct hiring.
If you choose to self-represent, you are responsible for filing the final judgment with the Superior Court to make the divorce legally binding. Regardless of the approach, ensuring that your private judge is experienced in handling high-asset divorces and court-approved is crucial for a smooth and efficient process.
Is a Private Judge Right for Your Divorce?
Choosing between a private judge and the public court system depends on your priorities, budget, and need for privacy.
For those seeking privacy and efficiency, hiring a private judge may be the best decision for a smoother divorce process.
Disclaimer: This blog is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. Every family law case is unique, and outcomes depend on individual circumstances. Legal representation with Provinziano & Associates is established only through a signed agreement.
For personalized advice, please contact our team at 310-820-3500 to schedule a case evaluation.
