lbrest said:
What is the name of your state? California
While still working out the financial details after being married for 26 years, in order for my husband to see that this is absolutely what I want, are there reasons I should not request a change in status (bifurcation) that might hurt the judgments later??
My response:
Property characterization and division issues need not be resolved by the judgment terminating marital status. Upon noticed motion, the court may sever for early adjudication the issue of dissolution of marriage status ("status only" judgment), expressly reserving jurisdiction for later determination of all other pending issues. [Ca Fam § 2337(a) & (d); Marriage of Wolfe (1985) 173 Cal.App.3d 889, 894, 219 Cal.Rptr. 337, 340 (citing text)]
Likewise, on a party's noticed motion, the parties' stipulation, or the court's own motion, the court may bifurcate any one or more issues for separate trial before other issues are tried. [Ca Rules of Court Rule 1269(a)]
California policy encourages parties in a dissolution action to bifurcate trial whenever it might expedite settlement or simplify the determination of other contested issues. [See Marriage of Wolfe, supra, 173 Cal.App.3d at 893-894, 219 Cal.Rptr. at 340; Marriage of Macfarlane & Lang (1992) 8 Cal.App.4th 247, 257, 10 Cal.Rptr.2d 157, 163-164]
In particular, bifurcation should be considered in the following circumstances:
For "status only" dissolutions:
A bifurcated proceeding is particularly appropriate where the parties want their marriage terminated as soon as legally possible (e.g., so they will be free to remarry) but substantial time will be required to resolve complex property, support and/or custody issues. The bifurcation allows a judgment of dissolution to be entered ("status only" judgment), reserving jurisdiction to resolve the contested issues thereafter (see Ca Fam § 2337(d) - - judgment granting status only dissolution "shall expressly reserve jurisdiction for later determination of all other pending issues").
Reserved jurisdiction unimpeded by subsequent events:
Once the bifurcated "status only" judgment is entered, the family law court's reserved jurisdiction to decide all remaining issues under the Family Code generally cannot be impaired by subsequent events - - e.g., by a spouse's intervening death (Marriage of Hilke (1992) 4 Cal.4th 215, 14 Cal.Rptr.2d 371); or by any delay in bringing the reserved issues to trial (Ca Civ Pro § 583.161(c)).
For determination of "pivotal issues":
Bifurcation is also recommended in "pivotal issue" cases - - i.e., where resolution of the bifurcated issue(s) is likely to simplify the determination of, or lead to settlement of, other issues in the case. [Ca Rules of Court Rule 1269(b); Marriage of Wolfe, supra, 173 Cal.App.3d at 894, 219 Cal.Rptr. at 340-341; Marriage of Macfarlane & Lang, supra, 8 Cal.App.4th at 257, 10 Cal.Rptr.2d at 163]
For instance, where the central dispute focuses on a particular asset (such as business goodwill), an immediate (bifurcated) trial resolving the focal dispute may then prompt a settlement of the balance of the case, eliminating the need for a protracted trial of other issues.
So, no - - nothing will be harmed by requesting a status change.
IAAL
