Quote:
Originally posted by seagull6
In California, can I get a divorce separate from the child custody issues?
I am now a legal resident in CA (been here two years) and the spouse just moved here two weeks ago from VA. We have been separated for 4 years and have one child from the marriage.
I would like to start/complete the divorce before the custody decisions are made.
Is this possible? |
My response:
Yes. It's called "bifurcation of issues" i.e., to separate one issue from all others. As a matter of fact, you're going to need to bifurcate your dissolution from the custody issues because your child hasn't, as of the date of your writing, satisfied the California residency requirements. Your daughter needs to reside in California for at least 6 months, and a minimum of 3 months within the County.
This can be a costly, and complicated process, however. It would be much simpler, and more cost effective, if you could wait for the "residency" requirements to be satisfied so that the court in California would obtain jurisdiction over your daughter, and have all of the issues determined at the same time.
IAAL
08-16-2002, 05:05 PM
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