Bifurcation form fl-315 assistance

[palmsprings]

Name of state: California

I am attempting to file a notice of motion to gain a final dissolution of our marriage while the other issues are still pending. I was able to find detailed instructions describing all the forms needed for Bifurcation and how to fill them out. However, form fl-315 has been recently revised as of January 2009 and has gone from 1 page to three pages. I can not locate instructions for the new version.

I am the Petitioner. At this moment, all I want is to end the marriage and deal with everything else separately since I am convinced my STBX is trying to prolong the process with money as a motivator. We have a hearing date set for March 18.
Item 4b on pages 2 and 3 asks for me to make various court order requests. Must I address all these items or could I choose to leave them blank?

If I must address these items can I assume that I am required to check the box beside the number then check the box indicating "respondent"?

For example - 4b(2) - What if the "respondent" doesn't pay for health insurance and I am not interested in her doing that, do I still check the boxes?

Any help on the revised FL-315 form would be greatly appreciated.

CaliforniaWhat is the name of your state (only U.S. law)?

[CourtClerk]

What is the hearing in March for? Are you asking for the court to just terminate your marital status and you can deal with reserved issues later?

[palmsprings]

Yes, I'm simply asking for the marriage to be terminated with the intention to continue dealing with all other issues. We have tried mediation and collaborative lawyers. It is obvious that she has been dragging this out and now that we are going into discovery I feel this will drag on even longer. It's been 2 1/5 years now.

The hearing is an Order to Show Cause dealing with Custody, Visitation, Child & Spousal Support, Injunctive and Other. It says Ex Parte on there as well.

The strange thing is that I was served this OSC the morning of Feb 22. It is the exact Ex Parte OSC the attorney tried to get the judge to sign Feb 5th in an emergency hearing that the judge ended up denying with a brief lesson to the attorney on what an emergency hearing was for.

I'd like, if possible, to file this in the morning. I spent the morning at the self help room only to be told they couldn't provide any assistance with Bifurcation.

Thanks for any info you can provide.

[CourtClerk]

In the March hearing, ask the judge to grant a "status only" divorce. Then you don't need the FL-315. You can simply submit a Notice of Entry of Judgment that says that the court is terminating your marital status only.

2337. (a) In a proceeding for dissolution of marriage, the court,
upon noticed motion, may sever and grant an early and separate trial
on the issue of the dissolution of the status of the marriage apart
from other issues.
(b) A preliminary declaration of disclosure with a completed
schedule of assets and debts shall be served on the nonmoving party
with the noticed motion unless it has been served previously, or
unless the parties stipulate in writing to defer service of the
preliminary declaration of disclosure until a later time.
(c) The court may impose upon a party any of the following
conditions on granting a severance of the issue of the dissolution of
the status of the marriage, and in case of that party's death, an
order of any of the following conditions continues to be binding upon
that party's estate:
(1) The party shall indemnify and hold the other party harmless
from any taxes, reassessments, interest, and penalties payable by the
other party in connection with the division of the community estate
that would not have been payable if the parties were still married at
the time the division was made.
(2) Until judgment has been entered on all remaining issues and
has become final, the party shall maintain all existing health and
medical insurance coverage for the other party and any minor children
as named dependents, so long as the party is eligible to do so. If
at any time during this period the party is not eligible to maintain
that coverage, the party shall, at the party's sole expense, provide
and maintain health and medical insurance coverage that is comparable
to the existing health and medical insurance coverage to the extent
it is available. To the extent that coverage is not available, the
party shall be responsible to pay, and shall demonstrate to the court'
s satisfaction the ability to pay, for the health and medical care
for the other party and the minor children, to the extent that care
would have been covered by the existing insurance coverage but for
the dissolution of marital status, and shall otherwise indemnify and
hold the other party harmless from any adverse consequences resulting
from the loss or reduction of the existing coverage. For purposes of
this subdivision, "health and medical insurance coverage" includes
any coverage for which the parties are eligible under any group or
individual health or other medical plan, fund, policy, or program.
(3) Until judgment has been entered on all remaining issues and
has become final, the party shall indemnify and hold the other party
harmless from any adverse consequences to the other party if the
bifurcation results in a termination of the other party's right to a
probate homestead in the residence in which the other party resides
at the time the severance is granted.
(4) Until judgment has been entered on all remaining issues and
has become final, the party shall indemnify and hold the other party
harmless from any adverse consequences to the other party if the
bifurcation results in the loss of the rights of the other party to a
probate family allowance as the surviving spouse of the party.
(5) Until judgment has been entered on all remaining issues and
has become final, the party shall indemnify and hold the other party
harmless from any adverse consequences to the other party if the
bifurcation results in the loss of the other party's rights with
respect to any retirement, survivor, or deferred compensation
benefits under any plan, fund, or arrangement, or to any elections or
options associated therewith, to the extent that the other party
would have been entitled to those benefits or elections as the spouse
or surviving spouse of the party.
(6) The party shall indemnify and hold the other party harmless
from any adverse consequences if the bifurcation results in the loss
of rights to social security benefits or elections to the extent the
other party would have been entitled to those benefits or elections
as the surviving spouse of the party.

[palmsprings]

Wow! That is so cool!

Thank you!!

[palmsprings]

Should I have a "Notice of Entry of Judgment" already filled out and ready for the Judge to sign?

When in the hearing should I make the request for the Judge to grant the "Status Only" divorce?

Thanks!

[CourtClerk]

Doesn't make a difference. In my county (LA), judges rarely sign non-emergent orders the same day.